Refusal of EU Treaty Rights

[xiangmei8620]

Hi,all

Before to write my long story, thank you for everyone who just clicked in this topic.Your any advise will be a big help for me.

I am a Chinese, my husband is Polish.Both of us have full time work now.

I have applied a residence card in Ireland by application of EU treaty right on 1th of June 2017 and I had temporary residence card till 28 of February 2018. During the time of waiting for the decision to be made they extended my stam 4 till end of Apr once, and meanwhile my husband lost the work at the end of December.After that on 14th of February-25 of February we went to a trip for the new year holiday. When we came back we found that there is a miss correspondence from the immigration department. So,we updated that we were away and couldn't receiving the letter and updated the status of my husband lost his work by the letter which we got from his previous company(I know we suppose to update it before the trip but his company delayed to giving the letter to us).

Then my husband attended a full time course in a college from 12 Mar -17 Mar 2018. And he started a new work on 23 Mar 2018.

The issue is I have received a letter about refusal of my EU Treaty rights application yesterday (03 May 2018) with a copy of the decision letter dated of 14 of February.(I mentioned before I missed a letter from them). The following is the reason of refusal. They said they had got correspondence from my husband's previous employer on 23 of Jan about my husband voluntary left work. he was not exercising his EU rights.

Today I have met a solicitor he advised me go for request a reviewing which is cost 1300E and my case is very positive but it is hard to afforde for me. also,he has advised that I still able to attend the work with his letter(it is my biggest concern cos it is the source of living)

Here is my question.I'm qualified for Eu Treaty rights.I have all the doc now which is requested.

1.Is it the only way that if i want keep working then I have to hire a solicitor?
2. in my case I have to hire a solicitor for request the reviewing?
3. the fees for solicitor. is it average? anyone has experience? how much usually it cost?
4 I just want two letters. one for my employer for keeping my work other one is reviewing request?
where I can get this kind of service at cheaper price?
5.can I just apply for new one by my own?am I able to get temporary stamp 4 again?

Any one has good advise?

[joker]

Cheap solutions probably not but ask another one for a quote is your partner here working they need pay slip. Probably best to ask migrants rights centre for their advice.

[xiangmei8620]

Thanks for the reply, Ye he is working and we have all the Doc, contract, payslip, tax cert,

[jul1]

u dont need a solicitor in ur case, unless u really dont trust urself sorting thing out.

Even if your husband would not work u can still apply on self sufficiency, ur income has to be now calculated to ur overall income, so even if ur husband is not working ur go to go.

Ur biggest problem is that ur temporary resident expired, so in theory ur workplace should fire u, than how can u have legal income?

Although the eu treaty rights says that u can legally work, until u satisfy the treaty rules, but for that ur employer has to kinda believe and trust u, without them knowing anything about eu treaty rights rules.
The solicitor can help u write a statement about this, the question is that ur workplace would care about it or accept it? if yes than worth to pay, otherwise not, so as k ur employer on what basis ar they willing to legally employ you despite ur expired resident card.

[arz1986]

case is simple. try to submit review with average lawyer. he will take around 400-600 euro. try to take quote with different lawyer don't try very reputed solicitor firm.

[xiangmei8620]

@ Jul1, @ arz

Thank you all, on the first day of the refusal letter I was panic after a few days now I am much calm. your replies are a big help for me. Yes, you are right. especially about my employer things.
Anyway, it depends on my Boss's decision, and he said he will talk to his friend who works in the government department to make a decision.lets see what he is going to do, meanwhile, I will prepare to the doc for submitting a review request EU 4.

[jul1]

@ Jul1, @ arz

Thank you all, on the first day of the refusal letter I was panic after a few days now I am much calm. your replies are a big help for me. Yes, you are right. especially about my employer things.
Anyway, it depends on my Boss's decision, and he said he will talk to his friend who works in the government department to make a decision.lets see what he is going to do, meanwhile, I will prepare to the doc for submitting a review request EU 4.

if that person in the gov knows his job they should know, that the resident card will just prove the rights what u have anyway, cause they are coming from the eu directive 2004/38 freedom of movement, it clearly says that u dont need a resident card, and u can legally work, so if ur boss has some balls and likes ur job he can keep u legally working in there.
But of course he will take some risk with that, in case he gets an audit, or they want to see all the papers from employees, or for any reason u will fall out of the eu directive - which is not really possible until your eu spouse is physically in the country. The work, study, self-sufficiency give u loads of ways to trigger the 2004/38 directive.

[Ali0857]

Don't pay solicitors More than €400 ..

Apply for review As soon As possible ..

You will b fine

[xiangmei8620]

thanks, I applied for the review. now fingers cross

[xiangmei8620]

Thank you to you all who replied to me and gave me the advice.
Just want to share good news with you. finally, I have got a letter with the approval of my STAMP 4 EUFAM card. If anyone is still struggling with their case I wish good luck to you. here is a advise, be patient and provide all the docs which support your case.

In addition, I do respect the work of the civil servant, but I am exercising my due rights, really think the authority department need to simplify the process and shorten the waiting time. For them, it is just one of the case but for someone who applying, it deeply impacts the quality of life.

[sembe]

Thank you to you all who replied to me and gave me the advice.
Just want to share good news with you. finally, I have got a letter with the approval of my STAMP 4 EUFAM card. If anyone is still struggling with their case I wish good luck to you. here is a advise, be patient and provide all the docs which support your case.

In addition, I do respect the work of the civil servant, but I am exercising my due rights, really think the authority department need to simplify the process and shorten the waiting time. For them, it is just one of the case but for someone who applying, it deeply impacts the quality of life.

Congratulations to you.

I have 2 questions if you don't mind.

1. Did you apply for review back in March 2018 and you received confirmation March 2019??

2. You now have Stamp 4 EUfam Card. Is that the same as EU Residence card or you are still waiting for an answer on the EU residence card which was initially refused??

Thanks

[xiangmei8620]

Thank you to you all who replied to me and gave me the advice.
Just want to share good news with you. finally, I have got a letter with the approval of my STAMP 4 EUFAM card. If anyone is still struggling with their case I wish good luck to you. here is a advise, be patient and provide all the docs which support your case.

In addition, I do respect the work of the civil servant, but I am exercising my due rights, really think the authority department need to simplify the process and shorten the waiting time. For them, it is just one of the case but for someone who applying, it deeply impacts the quality of life.

Congratulations to you.

I have 2 questions if you don't mind.

1. Did you apply for review back in March 2018 and you received confirmation March 2019??

2. You now have Stamp 4 EUfam Card. Is that the same as EU Residence card or you are still waiting for an answer on the EU residence card which was initially refused??

Thanks

1. I have applied for the review back to May 2018
2. I think at the beginning you will get the stamp4 eufam card for 5 years and after 5 years you can apply for the longer residence card(permanent)

[sembe]

Thank you to you all who replied to me and gave me the advice.
Just want to share good news with you. finally, I have got a letter with the approval of my STAMP 4 EUFAM card. If anyone is still struggling with their case I wish good luck to you. here is a advise, be patient and provide all the docs which support your case.

In addition, I do respect the work of the civil servant, but I am exercising my due rights, really think the authority department need to simplify the process and shorten the waiting time. For them, it is just one of the case but for someone who applying, it deeply impacts the quality of life.

Congratulations to you.

I have 2 questions if you don't mind.

1. Did you apply for review back in March 2018 and you received confirmation March 2019??

2. You now have Stamp 4 EUfam Card. Is that the same as EU Residence card or you are still waiting for an answer on the EU residence card which was initially refused??

Thanks

1. I have applied for the review back to May 2018
2. I think at the beginning you will get the stamp4 eufam card for 5 years and after 5 years you can apply for the longer residence card(permanent)

Thanks. That is a long wait...

To my understanding if you are supposed to get temp stamp 4 followed by a 5 year EU residence card. Then after 5 years you can apply for permanent residence.

[xiangmei8620]

Thank you to you all who replied to me and gave me the advice.
Just want to share good news with you. finally, I have got a letter with the approval of my STAMP 4 EUFAM card. If anyone is still struggling with their case I wish good luck to you. here is a advise, be patient and provide all the docs which support your case.

In addition, I do respect the work of the civil servant, but I am exercising my due rights, really think the authority department need to simplify the process and shorten the waiting time. For them, it is just one of the case but for someone who applying, it deeply impacts the quality of life.

Congratulations to you.

I have 2 questions if you don't mind.

1. Did you apply for review back in March 2018 and you received confirmation March 2019??

2. You now have Stamp 4 EUfam Card. Is that the same as EU Residence card or you are still waiting for an answer on the EU residence card which was initially refused??

Thanks

1. I have applied for the review back to May 2018
2. I think at the beginning you will get the stamp4 eufam card for 5 years and after 5 years you can apply for the longer residence card(permanent)

Thanks. That is a long wait...

To my understanding if you are supposed to get temp stamp 4 followed by a 5 year EU residence card. Then after 5 years you can apply for permanent residence.

As my understanding, due to the waiting time of EU1A(EU1) application, you will gat a temporary stamp4 for up to 8 months or longer and after approval of your application you will get the one what I 've got stamp4 EUFAM for 5 years, and then after 5 years, you can apply for the permanent residence card.

[Qasir_tayyab]

My case is in review aswell my Decision supposed to be made on November but stil waiting...really stressful time atm..

[xiangmei8620]

My case is in review aswell my Decision supposed to be made on November but stil waiting...really stressful time atm..

I know, I suggest that post a letter to them, ask the outcome if you did already, then send an email to them again to ask. I did it.

[Qasir_tayyab]

Thanks for your suggestions
I did send a letter laat week hopefully they will get back to me soon. Can you post a email address i will try there aswell.

[xiangmei8620]

Thanks for your suggestions
I did send a letter laat week hopefully they will get back to me soon. Can you post a email address i will try there aswell.

eutreatyrights@justice.ie which is on the EUTREATYRIGHTS information webpage.