EU1 processing less than 6 month ?

[jelly]

Hi
I went to the Immigrant Council the other day to confer, and one of the staff there gave me information as below. I can hardly believe but are they ture ?

-If you have prior residency in another EU state, you will get the non-EU family residency for 5 years.

-If you have no prior residency in another EU state, you will get the non-EU family residency only for one year.

-If you are legally in Ireland at the time of application, no matter if you have prior residency, big possibility for the non-EU family residency granted.

-If you are legally in Ireland when you apply, and if the case is clear, no matter if they have prior residency, the application will be processed very quickly, sometimes less than 6 month.

Now I'm confused. Is it that easy ?

[ca.funke]

posted by accident

[ca.funke]

• I'm German/Belgian (non-Irish but EU) and
• married a non-EU national (Lebanese)
• outside Ireland, while
• I was already in Ireland for 5 years
• (we got to know each other and married in Cyprus, EU)

My wife joined me in Ireland, legally entering the country on a join-spouse visa.

Thus I guess we should be on of these:

- If you are legally in Ireland at the time of application, no matter if you have prior residency, big possibility for the non-EU family residency granted.

-If you are legally in Ireland when you apply, and if the case is clear, no matter if they have prior residency, the application will be processed very quickly, sometimes less than 6 month.

We applied January 31st, as of today no reply.

[jelly]

I am confused, why did the stuff from the immigrant council give us such information ? She mentioned that the processing can be 3 or 4 months if the case is clear, and even said she witnessed a lot of such cases.

thanks for the reply anyway.

[ca.funke]

Hi jelly,

I've never had contact with this "Immigrant council".

Could you give me their details, as I'm becoming interested in talking to them also.

Thanks, Christian

[mr.malikos]

Yes, I can confirm this, they try not to make people too angry and reduce potential damages.
We got 1 year stamp 4 after 5 month.....our case is very close to yours Ca.funke; but I do not think that this will mean that each year whatever your circumstance are you are going to get stamp 4 for your wife.
As long you both work they are likely to renew it in my opinion...but you never know what the “Godfather likeâ€

[ca.funke]

Hi mr.malikos,

do you have any info on how to get Stamp 4 renewed?

Ours will expire in October, so if possible I'd like to get it renewed ASAP.

Thanks for any hints, Christian

[jelly]

Immigrant Council of Ireland
2 St Andrew St, Dublin 2
Website: www.immigrantcouncil.ie
information Service: 01 674 0200
Administration: 01 674 0202

I dropped in there several times, and different people say different things.
One said we need prior residency unfortunately, other said we don't need it.

[ca.funke]

I dropped in there several times, and different people say different things.
One said we need prior residency unfortunately, other said we don't need it.

Well - both is right:

• According to 2004/38/EC prior residency is not a requirement.
• According to the Irish transposition, prior residency is a requirement
• This -IMHO illegal- requirement is currently challenged before the European Court of Justice. (ECJ)

They should mention both these facts, as one of those pieces of information does not give the complete picture.

While not being an expert, my wanting to contact the council just dropped dramatically.

Thanks for the hint anyway!

[jelly]

Please note that they are closed on Wed.
and drop-in service is only in the morning, and telephone service is in the afternoon.

wish us good luck!

[mr.malikos]

Hi Ca.funke,
No....so far we did not try to renew the stamp 4.
But I know from somebody (non-EU), who is married to a UK-citizen (wife) and has two small kids. At the time when he wanted to renew his stamp 4, he was unemployed and DoJ made him trouble when renewing his residence card.
They regularly issued just one-year stamp 4, even after 3 years residency here in Ireland.
Because of this, they moved back to UK where he is working now. Taken together DoJ wants to have as much control as possible and as I told you already, this family left as a result of this instable situation Ireland. Therefore, it makes very much sense to keep on pushing for 5-year residency also with regard to free travel etc. I also try to think about good strategies to solve the EU.1-issue....I think keeping the pressure as high as possible on DoJ is promising to be successful. They just make moves if you force them to do so! That mean you will have to lobby and write letters over letters etc.
I might come up with some proposals in a few days.

Ah in case you renew your Stamp 4, please let me know what they ask for....

Best