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5 years LTR granted by INIS - but refused stamp by GNIB

Forum to discuss all things Blarney | Ireland immigration

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mendo
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Posts: 153
Joined: Thu Jun 07, 2007 9:57 pm

Post by mendo » Fri Nov 14, 2008 1:14 pm

Good news,

Finally, after last night letter from EU Treaty Rights Department, my wife was granted 6 months of Stamp 4.

This means a lot to us and we can finally go home and also visit her parents.
We haven't been home for three years.

Another small inconvenient next week, because she has to get a visa for my country, but I hope to have that sorted.

Regards,

Mendo
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Last edited by mendo on Sat Mar 12, 2011 1:37 am, edited 2 times in total.

Ben
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Post by Ben » Fri Nov 14, 2008 1:29 pm

mendo wrote:Another small inconvenient next week, becouse she has to get a visa for my country, but I hope to have that sorted.
Not according to Directive 2004/38/EC:
Directive 2004/38/EC Article 5(2) wrote:2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
If travelling with you, your wife needs only her passport and her Stamp 4EUFam card - no visa required.

However (and be warned) - this is the subject of much debate, since not all Member States are adhering to this provision of the Directive. Might be an idea to stick to plan A, and get a visa for her anyway (which will be issued free, by the way, and fast).

mendo
Member
Posts: 153
Joined: Thu Jun 07, 2007 9:57 pm

Post by mendo » Fri Nov 14, 2008 3:41 pm

Hi Benifa,

We went to GNIB this morning and my wife got STAMP 4 for 6 months and a multi re-entry visa for 6 months free of charge.

Regards,


Mendo
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Ben
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Post by Ben » Fri Nov 14, 2008 3:50 pm

mendo wrote:Hi Benifa,

We went to GNIB this morning and my wife got STAMP 4 for 6 months and a multi re-entry visa for 6 months free of charge.

Regards,


Mendo
I know (actually, Stamp 4EUFam is, in itself, an Irish re-entry visa).

My post above was in reference to your wife getting a visit visa for your home country.

mendo
Member
Posts: 153
Joined: Thu Jun 07, 2007 9:57 pm

Post by mendo » Fri Nov 14, 2008 4:00 pm

Hi Benifa,

My wife only got STAMP4 not EUFAM4.
This is what the letter said, STAMP 4, because she wasn't granted residency yet, we have to wait 6 months for the decision.


It looks that getting her a visa for my country won't be easy.
The problem is that my country's consulate doesn't want to accept that I am married to her, based on the Irish mariage certificate.
Unbelivable but true.
They don't want to facilitate her a visa but instead they want to treat her as a normal NON-EU turist with no relation to me.


The irony is that my wife has the same nationality (but not the same citizenship) as me, but she was born on the other side of the border in another country, I am EU but she is not.

It looks that this will take a while to sort out.

Regards,

Mendo
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Last edited by mendo on Fri Mar 04, 2011 8:40 pm, edited 1 time in total.

Ben
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Post by Ben » Fri Nov 14, 2008 4:08 pm

mendo wrote:My wife only got STAMP4 not EUFAM4.
This is what the letter said, STAMP 4, because she wasn't granted residency yet, we have to wait 6 months for the decision.
Damn. Though, in the GNIB's defence, Stamp 4 and not Stamp 4 EUFam is what appears to be described here.

Still, I do know of other people, in your wife's position, who have been given Stamp 4 EUFam for 6 months, and not Stamp 4. Shame the GNIB are not consistent.

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