Workpermit/EU1/ILR complicated issues...

[laralahoud]

Hello

Wonder if anybody has input on my situation...

I am South African and am married to an EU national (British) but have been separated for most of last year.

We arrived in Ireland in September 2006 and went down the EU1 route. That was a major fiasco as anybody attempting that at that time would know...

I then found a job and the company got me a work permit valid for 2 years from July which is expiring July this year.

My questions are:
- Would the time between September '06 and July '07 count towards my Irish citizenship when I apply for it?
- ILR and Naturalisation.. which one gives you an Irish passport (if possible)
- When the company that I work for apply for a renewal, would they have to pay for it this time?
- How long is a renewal generally for?

Would be great to hear from others in similar positions...

oh.. and happy new year!!!!

[Ben]

Hi laralahoud,

Hello

Wonder if anybody has input on my situation...

I am South African and am married to an EU national (British) but have been separated for most of last year.

We arrived in Ireland in September 2006 and went down the EU1 route. That was a major fiasco as anybody attempting that at that time would know...

I then found a job and the company got me a work permit valid for 2 years from July which is expiring July this year.

If you applied using form EU1, you should now been in possession of a Stamp 4EAFam Residence Card. Are you? If not, what happened to your application? No work permit required..

- Would the time between September '06 and July '07 count towards my Irish citizenship when I apply for it?

Yes, since these are periods of lawful residence in the State.

- ILR and Naturalisation.. which one gives you an Irish passport (if possible)

Naturalisation. Once naturalised, you are an Irish citizen.

- When the company that I work for apply for a renewal, would they have to pay for it this time?

No work permit required. You are the family member of an EU national who is exercising Treaty rights in Ireland (assuming your husband is working / studying / self-sufficient?).

[laralahoud]

Thank you for your response The EU 1 was declined as many others were at that time.. due to an issue with us not having moved from another EU state but straight from South Africa.

I am not with my husband anymore, we have been separated for some time now so surely the same rules don't apply?

[Ben]

Thank you for your response The EU 1 was declined as many others were at that time.. due to an issue with us not having moved from another EU state but straight from South Africa.

From the INIS website:

# The European Court of Justice delivered its judgement on 25 July 2008 in the case of "Metock and others" (C-127/08). The decision means that the requirement for prior lawful residence in another Member State by non EEA family members (permitted or qualifying) of an EU citizen is not compatible with Directive 2004/38/EC.
# Regulation 3(2) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 was amended on 31 July 2008 by S.I. No. 310 of 2008, European Communities (Free Movement of Persons) (Amendment) Regulations 2008.
# A review will take place of all applications by qualified/permitted non EEA family members of EU Citizens where the refusal decision dated between 28 April 2006 to 25 July 2008. The applications will be reviewed under the terms of the relevant European Directive (2004/38/EC) and INIS will be in contact with all affected applicants concerned in due course.
# All affected applicants are asked to advise INIS in writing if their address or circumstances have changed since their original application. All such communications in these matters should be addressed in writing ONLY (e-mail is not acceptable for this process) and sent via REGISTERED POST ONLY to the EU Treaty Rights Unit, P.O. Box 10003, Dublin 2 and clearly marked REVIEW- ECJ and their Application Number
# Any non-EEA national who is a non EEA (permitted or qualifying) family member of an EU citizen but who is

* (a) the subject of an Irish deportation order, removal order or transfer order
or
* (b) has received a notice of intention to deport is invited to write to the:

EU Treaty Rights Unit,
P.O. Box 10003,
Dublin 2

detailing their circumstances. A review of the case will be undertaken under the terms of the Directive. Where the person is found to qualify for EU free movement rights to reside in Ireland the deportation order, removal order or transfer order will be revoked or the notice of intention to deport will be rescinded.

# It is envisaged that the review process will take 3 to 4 months to complete starting from 31July 2008.

It is likely that the DoJ have sent you a letter, to the address you gave to them, approving your EU1 application. If not, write to them at the address above.

I am not with my husband anymore, we have been separated for some time now so surely the same rules don't apply?

If you are still married, you are still a family member described in Article 2(2) of Directive 2004/38/EC.

2) "Family member" means:
(a) the spouse;

[laralahoud]

Thank you Benifa. I'll give that a bash and post the results.

[agniukas]

Laralahoud,

If you are separated with your EU spouse and he is not in Ireland living with you for a while now, I don't think that you can qualify under EU Treaty Rights. Your EU spouse should be here in order for you to be successful under EU treaty rights. I think you would also have to present yourself to your local immigration officer together with your EU spouse. But there is nothing stopping you to try and apply, and then see what happens.
You could still go the work permit route and renew that on the yearly basis, until you are ready to apply for naturalisation or LTR. there is a certain fee for the issuing of a work permit and a fee for renewal of your permission to remain. work permits are issued for 1 year, working visas for 2 years.

[laralahoud]

Laralahoud,

If you are separated with your EU spouse and he is not in Ireland living with you for a while now, I don't think that you can qualify under EU Treaty Rights. Your EU spouse should be here in order for you to be successful under EU treaty rights. I think you would also have to present yourself to your local immigration officer together with your EU spouse. But there is nothing stopping you to try and apply, and then see what happens.
You could still go the work permit route and renew that on the yearly basis, until you are ready to apply for naturalisation or LTR. there is a certain fee for the issuing of a work permit and a fee for renewal of your permission to remain. work permits are issued for 1 year, working visas for 2 years.

Hello,

Thank you for your response. My husband is here in Dublin too and we regularly see each other (still friends) although we live apart. It would just feel wrong to abuse my marriage to gain something from a country that I wasn't born in. I will write and see what they say...

[Vikingdub]

As far as I know you need to have been married for 3+ years and to be living as married when you make the application, you have to go together to GNIB and make a declaration to the effect that the you are currently married to an EU citizen. Probably best to go the work permit route,
Work permits can be renewed for a period of up to 3 years and the renewal fee is €1,500.

See http://www.entemp.ie/publications/labou ... ermits.pdf
for details

[laralahoud]

My hubby and I ended up staying together after all the drama. :D:D

[daddy]

My hubby and I ended up staying together after all the drama. :D:D

Good to hear that, have you sort out your EU1 thing? how far have you gone regarding it?

[laralahoud]

My hubby and I ended up staying together after all the drama. :D:D

Good to hear that, have you sort out your EU1 thing? how far have you gone regarding it?

EU1 got sorted, they did send the letter to the wrong address! My current card expires in April 2012 when I'll hopefully be applying for naturalisation.

[Directive/2004/38/EC]

If you arrived in Ireland in September 2006 , then you can apply for PR in September 2011. You will need to provide proof that your EU spouse has been working.

You can also look into Naturalization, but it is a long and complicated process in Ireland. It is important to get your PR in the mean time.

[laralahoud]

If you arrived in Ireland in September 2006 , then you can apply for PR in September 2011. You will need to provide proof that your EU spouse has been working.

You can also look into Naturalization, but it is a long and complicated process in Ireland. It is important to get your PR in the mean time.

Wow, that sounds great, thank you Maybe you would know answers to some of the following questions..

- Could having PR positively affect citizenship applications?
- Could traffic offences (being fined €500 for driving without insurance) affect applications for PR? (and citizenship..)
- If I apply for PR and don't get it before my Stamp 4 runs out (April 2012), could I get the Stamp4 extended?

Thank you