Non EU vs EU fees

[lakeside1234]

Hello everyone,I was wondering what the status of Non EU spouse of Eu citizen with Stamp 4 EU residence card would be regarding fees at universities in Ireland.At the moment ,information about this case is very ambigious,I would like to know if anyone has had similar experiences as to going to college on a Stamp 4 Eu card.In other Eu countries ,non eu spouse of eu citizens are eligible to pay eu fees.Thanks

[sideshowsue]

My husband and I had to fight tooth-and-nail with UCC for me to be able to attend under the free-fees scheme. I'm on a Stamp 4 and am married to an EU national.

UCC's hardline position was that since I did not hold an EU passport, I would have to pay EU fees (as opposed to international rate). We fought, and we fought, and we fought.

We pointed out to UCC that under Community legislation, the spouses of EU nationals are entitled to the same treatment as EU nationals, so to require that I pay fees would be in breach of Community legislation.

We fought, and we fought, and we fought.

UCC eventually caved and allowed me to attend under the free-fees scheme, but it is unclear whether this was because they wanted to uphold the 'spirit and letter of Community law' or whether they just didn't want to argue with us anymore.

Effectively, I think that to exclude the spouses of EU nationals from the free-fees scheme is in violation of Community legislation, but enforcement and implementation have never been Ireland's strong points.

Be prepared to fight, and fight hard, especially given the rather dodgy economic conditions.

[lakeside1234]

Thanks Sideshowsue for your responce .You said you had to fight,
How did you do this?I am thinking of applying for a post grad to dcu or ucd in the summer,unfortunately I dont have an idea when they make offers ,I have read that offers can be as late as July...I am saying this because you can only start fighting your case for eu fees when you have gotten an offer or what do you think....

[sideshowsue]

Post-grad is an entirely different matter. The free-fees scheme is only available for undergraduate studies. All post-grads are responsible for fees unless they benefit from grants, scholarships or research awards.

If you are married with an EU national, and have been resident in the EU for the last 3 years (I think, you'd need to double-check this), you are eligible for the reduced, i.e. EU rate. What's more, anyone who has been a legal resident (not necessarily EU or married to an Irish national) for the last 3 or 5 years is also eligible for the EU rate. It's the university that verifies your eligibility, and all you need to provide is a marriage cert, passport stamps and tax information covering your residency period.

So, in terms of the online application facility--as long as you've met the residency requirements, just go through 'EU students' link to process your application. The Central Applications Office will contact you if they need any of the documents to be forwarded onto the relevant college/university.

Hope this helps.

[lakeside1234]

Absolutely...Thanks a lot

[Ben]

The Directive is explicitly clear on this:

[quote="Directive 2004/38/EC, Article 24(1) - "Equal treatment""]Subject to such specific provisions as are expressly provided for in the Treaty and secondary
law, all Union citizens residing on the basis of this Directive in the territory of the host Member
State shall enjoy equal treatment with the nationals of that Member State within the scope of the
Treaty. The benefit of this right shall be extended to family members who are not nationals of a
Member State and who have the right of residence or permanent residence.[/quote]

Equal treatment must be conferred from the moment of entry in to the State.

[Directive/2004/38/EC]

Find out what the fee rules are in Ireland. If they are different for Irish citizens, for EU citizens, or for the family of EU citizens, then contact Solvit for their assistance in correcting the situation (which is illegal as pointed out previously). http://eumovement.wordpress.com/help-eu-solvit/

The UK skirts around the law by requiring three years of residence in the UK.

[komex]

Absolutely...Thanks a lot

Hi lakeside1234, have you succeeded with the fees, what was Your case like?thank you