- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
I know it's not what you wanted to hear, and I can't think of a way around it, except to go back another day and hope to get a nicer person to deal with it. Maybe she "lost" her GNIB card, I know it's also on the computer but maybe...Applicants are also advised to keep their permission to remain up to date at all times (including the period while their application is being processed).
Processing time is approximately 18 months.
________Monday, September 22, 2008
Plan to regularise status of migrant workers
In this section ??
* Concern over airport treatment of tourist
* Death of journalist and economist Paul Tansey
CARL O'BRIEN, MARTIN WALLRUADH??N Mac CORMAIC and
THE GOVERNMENT is to set up a programme to regularise the status of undocumented migrant workers in Ireland who previously held work permits.
Senior officials told unions and employers at social partnership talks last week that the scheme will be aimed at foreign national workers who have become undocumented through "no fault of their own".
The move appears to be a significant U-turn by the Government, which previously signalled that any such move could provide an incentive for illegal immigration.
At present, work visas and permits are tied to employers and workers can face deportation if they are made redundant, dismissed, or if their permits are not renewed after they expire.
A spokesman for the Minister for Justice Dermot Ahern confirmed that the plan was at an advanced stage and would be introduced as soon as possible.
He played down suggestions that very large numbers of undocumented workers may avail of the scheme and said initial indications were that a limited number of people would benefit.
"It will be a limited scheme to assist those people who are stuck in legal limbo. In essence, it will allow those who previously held work permits to continue working or to regularise their status," the spokesman said.
It is likely the new scheme will be operated by the Department of Justice, with input from the Department of Enterprise, Trade and Employment.
Groups such as the Migrant Rights Centre of Ireland, which have lobbied for such a scheme for a number of years, have welcomed the move. "This is a win-win situation. The only ones who will lose out are employers who wilfully exploit vulnerable migrant workers," said its director, Siobh??n O'Donoghue.
The group has documented dozens of cases of workers who were either promised work permits by their employers when they arrived in the country, or whose employers never renewed their permits. Such workers are often left in a legal limbo and are unable to access social welfare, even though they may have been making social insurance contributions in the past.
The Government has faced criticism in the past for lobbying the US government to regularise the status of undocumented workers, while failing to address the issue of undocumented foreign workers in Ireland.
Last year the Department of Justice indicated that any attempt to regularise the status of undocumented workers here would be very problematic.
"Mass regularisation is extremely problematic in that it fails to take account of the merits of the individual case and also acts as a pull factor for future illegal migration," the department said in a statement last year.
A department source said the new programme was merely formalising what is already done on an ad hoc basis. The source said a benign view is taken of undocumented workers who have previously held work permits and made social insurance contributions.
Social partners at talks in Government Buildings last week welcomed the planned move.
A copy of the partnership agreement shows that all sides want the details of the scheme to be finalised with a view to it coming into effect before the commencement of the Immigration, Residence and Protection Bill.
The legalisation is likely to have completed its passage through the Oireachtas before the end of the year.
The partnership agreement also provides details of plans to regulate language courses and programmes of education for foreign students. It will involve the development of a "quality mark" and an inspection regime.
?? 2008 The Irish Times
the worst case scenario that you might have to wait for 6 months to get your wife a new stamp. the doj or gnib cannot over rule the eu directive. last time they refusing all the eu national under the eu treaties because they want to stamp out the shame marriages. i think the irish gov lost the case over this already in the eu court. they cannot change anything over the eu spouse right again. so you are safe!mendo wrote:Hi benifa,
This is probably the only option we have at the moment, with the only inconvenient that it will take more than 6 months to get an answer back from DOJ.
What I am afraid is that Ireland might succeed to change the law again or that even if DOJ will grant us the residence the GNIB will refuse again based on the same reason as now.
Anyway we don't have many alternatives.
To bring them to court, would mean financial ruin for us and I don't how strong our case is.
Regards.
mendo
P.S Regarding the EU1 or EU3 application, we were very reluctant to send our both original passports and the mariagge cert because of the fact that they might get lost and DOJ don't give a shit about it anyway.
If we would loose these three documents we would be in very big trouble.
10. Q If my permission to remain expires before I get my decision, what can I do?
A All applicants are in the State as application pending. You can attend your local Immigration Registration Office and you may be registered at the discretion of the Immigration Officer.
I was trying to explain that the EU Directive 38 gives indication on what consequences the non-registration can have.
13. Q Can I enter employment while my application is pending?
A If you have an application pending, you and your EU national family member can bring your:
* EU Treaty Rights application acknowledgment,
* Passport,
* Passport/ID of your EU national family member,
* Evidence of your relationship with your EU national family member
to your local Immigration Officer who may provide you with a 'Stamp 4' endorsement in your passport that is valid strictly for the period of your application, i.e. 6 months maximum.
This would enable you to enter employment for this period. Please note, receipt of a 'Stamp 4' for this period is not an acknowledgment of having EU Treaty Rights.This will be determined in due course when your application will be either approved or refused.
The right to reside in another Member State it is a personal right, it is not granted by decision of a Member State!
The right to reside in another Member State is your fundamental
and personal right and is conferred directly on you by the
Treaty establishing the European Community.
The right is therefore not dependent upon your having fulfilled
administrative procedures.
This basically means that once you meet the conditions, you have
the right to reside from that moment and your right is not given to
you by a decision of the host Member State. The documents you or
your family members might be issued with by the host Member
State merely acknowledge that you have the right ??? so if you fail to
register or your family member's residence card expires; you still
have the right to reside if you still meet the conditions, and your
residence cannot be terminated due to this administrative problem
but you may be subject to a proportionate and non-discriminatory
sanction for your failure to observe the national rules.
Anyway, today I've sent our application for EU1 Treaty Rights and all we can do is wait.Sanctions
If you or your family members fail to comply with the
requirement to register or to apply for a residence card, you
can be liable to proportionate and non-discriminatory sanctions. In
any case, you cannot be expelled for mere violation of this rule.
As you know, this is incorrect. This statement should not have been made by an officer who knew that you, the applicants husband, is an EU national.mendo wrote:We went to GNIB this morning but we were not lucky at all.
First the immigration officer kept saying the same thing as last time "your wife was illegal in the country for the last two years".
I'm may be picky, but hate the DoJ/GNIB's use of the term "apply for EU Treaty Rights" and similar. You don't apply for EU treaty rights. Every EU citizen has these rights, so long as he's an EU citizen. Directive 2004/38/EC related applications serve merely to affirm the rights of an EU citizen or his family members - rights that they already have.mendo wrote:..we were told to apply for "EU Treaty - EU1" and refused to register her.
Possibly worth a try. Hopefully someone at the DoJ will open it and say, "hang on, the GNIB are refusing to acknowledge a decision made by the DoJ? That's wrong..". We can but hope.mendo wrote:They said to send a letter to DOJ-INIS-LTR section and tell them that GNIB are refusing the to stamp her passport and will not recognize my wife's LTR right.
Totally the wrong way of putting it, "we don't follow the EU law but the Irish one", but the spirit of the officer's statement is correct. EU law (Directive 2004/38/EC) has no bearing on application made in accordance with Irish law.mendo wrote:I was trying to argue the case that my wife was legal here based on the fact that I was an EU national resident in Ireland since 1 January 2007, according to Directive 38 /2004, but they said "we don't follow the EU law but the Irish one".
Grr.. "apply for EU treaty rights".. grrr..mendo wrote:Then they said to apply for "EU treaty rights"- EU1
Arrogance and ignorance in one statement. They can "grant" what they like, or not. Your wife, Mendo, is a permanent resident of Ireland, in accordance with Directive 2004/38/EC. She acquired this right the day the clock hit 5 years after living here with you, while you were exercising treaty rights. All your wife needs is a card/passport endorsement, evidencing this right, to aid her in travelling/working/studying etc. I must stress, your wife is already a PR, Mendo. An EU3 application cannot be refused.mendo wrote: and when we will get the "application acknowledgment" letter they might grant my wife 3 months.
They might, they don't have to, they said.
lol.. I hope you laughed in his face, Mendo.mendo wrote:P.S It's been a very long time since I had to go to GNIB and I almost forgot how "helpful" they are.
At one stage one officer threatened to deport my wife.
Regards,Information Note on the Immigration Position Arising from the Accession of Bulgaria and Romania to the EU
General
From 1 January 2007, on the accession of Bulgaria and Romania to the EU, citizens of these countries are covered by the provisions of the European Free Movement of Persons Directive. They will have the same rights of access to Ireland as a citizen of an existing EU member state with the exception of access to the labour market. These EU free movement rights are provided for in Irish law through regulations made by the Minister for Justice, Equality and Law Reform. The regulations are the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, signed by the Minister on 18 December 2006.
Visas
From 1 January 2007 Bulgarian and Romanian citizens do not require visas to enter Ireland. Bulgarian and Romanian citizens, like those of other EU member states, will simply have to produce their passport or national identity card at the border.
Registration
In common with some other EU member states, it will not be necessary for Bulgarian or Romanian citizens to register their presence in the State. This applies both to new arrivals and to those already here. Consequently no fees will be payable. Non-EEA family members of Bulgarian and Romanian citizens are required to register if the family member intends to say in the State for longer than 3 months.
Residence
A Bulgarian or Romanian citizen can remain in Ireland for up to 3 months without conditions. For stays longer than 3 months the citizen must either:-
1. be in employment or self-employed in the State, or
2. have sufficient resources to support himself or herself and family members and have comprehensive sickness insurance in respect of himself or herself and family, or
3. be enrolled as a student in the State (including on vocational training) and have comprehensive sickness insurance in respect of himself or herself and family, or
4. be a family member accompanying or joining a Union citizen who satisfies one or more of the conditions referred to in clause 1, 2 or 3.
Employment
For the initial two years of accession (subject to review before the end of that time) Bulgarian and Romanian citizens will continue to require work permits as heretofore. However, this requirement will not apply in the case of
* Persons already exempt by virtue of their existing residence status (in particular those with a Stamp 4 on their passports)
* Persons who have been working legally (i.e. with work permit or work authorisation) for a 12 month period.
More details on the employment provisions can be obtained from the Department of Enterprise, Trade and Employment.
Persons Currently Subject to Deportation Orders
Deportation orders previously issued remain in force. However, it is open to a person the subject of such an order to apply in writing to the Minister for Justice, Equality and Law Reform for the order to be revoked. In consideration of such applications the circumstances in which the order was made will be taken into account. There is a distinction in this regard between those deported for purely immigration matters and those who had committed a criminal offence.
Excellent. Now take the acknowledgement letter to your local GNIB office, with your wife and both your passports, in order for your wife to receive her 6 month Stamp 4 card / passport endorsement.mendo wrote:Hi All,
We've got our documents back today, plus the acknowledgment letter, after only seven days.
What a relief to have all our original documents back.
Regards,
Mendo
why would your wife get work rights based on this directive? this is only applied to romanian and bulgarian national. i thought your wife is non eu national. to be honest, if the gnib offering 3 months eufam stamp to your wife. take it first. i know it is annoying that you and your wife need to go back and renew it after 3 months, but it is better than they dont give your wife anything, isnt it?mendo wrote:Hi Benifa,
My wife should have the right to work because I am benefiting from this Irish directive:
http://www.inis.gov.ie/en/INIS/Pages/WP07000151
Regards,Information Note on the Immigration Position Arising from the Accession of Bulgaria and Romania to the EU
General
From 1 January 2007, on the accession of Bulgaria and Romania to the EU, citizens of these countries are covered by the provisions of the European Free Movement of Persons Directive. They will have the same rights of access to Ireland as a citizen of an existing EU member state with the exception of access to the labour market. These EU free movement rights are provided for in Irish law through regulations made by the Minister for Justice, Equality and Law Reform. The regulations are the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, signed by the Minister on 18 December 2006.
Visas
From 1 January 2007 Bulgarian and Romanian citizens do not require visas to enter Ireland. Bulgarian and Romanian citizens, like those of other EU member states, will simply have to produce their passport or national identity card at the border.
Registration
In common with some other EU member states, it will not be necessary for Bulgarian or Romanian citizens to register their presence in the State. This applies both to new arrivals and to those already here. Consequently no fees will be payable. Non-EEA family members of Bulgarian and Romanian citizens are required to register if the family member intends to say in the State for longer than 3 months.
Residence
A Bulgarian or Romanian citizen can remain in Ireland for up to 3 months without conditions. For stays longer than 3 months the citizen must either:-
1. be in employment or self-employed in the State, or
2. have sufficient resources to support himself or herself and family members and have comprehensive sickness insurance in respect of himself or herself and family, or
3. be enrolled as a student in the State (including on vocational training) and have comprehensive sickness insurance in respect of himself or herself and family, or
4. be a family member accompanying or joining a Union citizen who satisfies one or more of the conditions referred to in clause 1, 2 or 3.
Employment
For the initial two years of accession (subject to review before the end of that time) Bulgarian and Romanian citizens will continue to require work permits as heretofore. However, this requirement will not apply in the case of
* Persons already exempt by virtue of their existing residence status (in particular those with a Stamp 4 on their passports)
* Persons who have been working legally (i.e. with work permit or work authorisation) for a 12 month period.
More details on the employment provisions can be obtained from the Department of Enterprise, Trade and Employment.
Persons Currently Subject to Deportation Orders
Deportation orders previously issued remain in force. However, it is open to a person the subject of such an order to apply in writing to the Minister for Justice, Equality and Law Reform for the order to be revoked. In consideration of such applications the circumstances in which the order was made will be taken into account. There is a distinction in this regard between those deported for purely immigration matters and those who had committed a criminal offence.
Mendo
why would your wife get work rights based on this directive? this is only applied to romanian and bulgarian national. i thought your wife is non eu national. to be honest, if the gnib offering 3 months eufam stamp to your wife. take it first. i know it is annoying that you and your wife need to go back and renew it after 3 months, but it is better than they dont give your wife anything, isnt it?mendo wrote:Hi Benifa,
My wife should have the right to work because I am benefiting from this Irish directive:
http://www.inis.gov.ie/en/INIS/Pages/WP07000151
Regards,Information Note on the Immigration Position Arising from the Accession of Bulgaria and Romania to the EU
General
From 1 January 2007, on the accession of Bulgaria and Romania to the EU, citizens of these countries are covered by the provisions of the European Free Movement of Persons Directive. They will have the same rights of access to Ireland as a citizen of an existing EU member state with the exception of access to the labour market. These EU free movement rights are provided for in Irish law through regulations made by the Minister for Justice, Equality and Law Reform. The regulations are the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, signed by the Minister on 18 December 2006.
Visas
From 1 January 2007 Bulgarian and Romanian citizens do not require visas to enter Ireland. Bulgarian and Romanian citizens, like those of other EU member states, will simply have to produce their passport or national identity card at the border.
Registration
In common with some other EU member states, it will not be necessary for Bulgarian or Romanian citizens to register their presence in the State. This applies both to new arrivals and to those already here. Consequently no fees will be payable. Non-EEA family members of Bulgarian and Romanian citizens are required to register if the family member intends to say in the State for longer than 3 months.
Residence
A Bulgarian or Romanian citizen can remain in Ireland for up to 3 months without conditions. For stays longer than 3 months the citizen must either:-
1. be in employment or self-employed in the State, or
2. have sufficient resources to support himself or herself and family members and have comprehensive sickness insurance in respect of himself or herself and family, or
3. be enrolled as a student in the State (including on vocational training) and have comprehensive sickness insurance in respect of himself or herself and family, or
4. be a family member accompanying or joining a Union citizen who satisfies one or more of the conditions referred to in clause 1, 2 or 3.
Employment
For the initial two years of accession (subject to review before the end of that time) Bulgarian and Romanian citizens will continue to require work permits as heretofore. However, this requirement will not apply in the case of
* Persons already exempt by virtue of their existing residence status (in particular those with a Stamp 4 on their passports)
* Persons who have been working legally (i.e. with work permit or work authorisation) for a 12 month period.
More details on the employment provisions can be obtained from the Department of Enterprise, Trade and Employment.
Persons Currently Subject to Deportation Orders
Deportation orders previously issued remain in force. However, it is open to a person the subject of such an order to apply in writing to the Minister for Justice, Equality and Law Reform for the order to be revoked. In consideration of such applications the circumstances in which the order was made will be taken into account. There is a distinction in this regard between those deported for purely immigration matters and those who had committed a criminal offence.
Mendo