Refusal of EU1 Residence application ! PLZZZ HELPP URGENT

[shaz112211]

Hello , Plz some one can help me

Actually Recently my Husband was refused residency. (Form EU1 - ‘Non-EEA family member, resident in Ireland for more than 3 months’)

Reason for refusal:


The Reason of Refusal of EU1 Application was

(*) According to records of irish naturalisation and immigration you have no legal immigration status in the state. A notification under the provisions of Section 3(4) of immigration act 1999 as amended is enclosed. Please note u have 15 days to respond to this notification.

so somebody can help me , is their ani chances that he can get visa or permission according to new rule or what will be he procedure , that we can stay together .. Plz reply OR he was not legal in ireland from past 3 years he have to leave the country ?

[MYSPACE]

When did your husband got this refuser latter?Because the reason for your husband refuser did no longer hold since the ECJ decicsion last july

An applicant no longer need to reside in another EU country b4 coming 2 ireland.Anyone can correct me if am wrong!

[shaz112211]

Actually he got the refusal letter yesterday and we applied the application in october 2008 few months back ....ani idea plz help me out ..thanxx we dont know what to do next

[shaz112211]

and yes i forgot to tell he is living in ireland with me from the begining ...he stayed legaly in ireland for one year from 2004 till 2005 after that till now he didnt had a valida irish visa and we got married in 2007 and i applied my case 6 months back in october2008 and i got yesterday refusal letter..can somebody help?

[brownbonno]

Hello , Plz some one can help me

Actually Recently my Husband was refused residency. (Form EU1 - ‘Non-EEA family member, resident in Ireland for more than 3 months’)

Reason for refusal:

Under Regulation 3(2) it is required that in order to avail of residency rights in the State (Ireland), the applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland.
As no evidence was submited by us, to satisfy that requirement, the residence application under regulation 3(2) was not granted.

I attachec the copy of my p60 .i understand that but i dont understand the seconf reason Evidence of lawfull residence... we have been married for around 2 years
and my husband came to ireland in 2004 student visa but his visa was expired in 2005 and later we got married in 2007 ..plz can somebody help me , i wil be very thankful..
my email is hurramm@yahoo.com

I am sure the letter is a system generated letter and is null and void with the abolition of the 3(2) by the ECJ in the case of Metock(http://curia.europa.eu/en/actu/communiq ... 0057en.pdf)

"A non-community spouse of a citizen of the Union can move and reside with that citizen in the Union without having previously been lawfully resident in a member state. The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State."ECJ.

[Ben]

Interesting.

shaz112211, the letter has been sent to you in error. A gross error.

Reply to the letter quoting the Metock judgment of July 2008, as brownbonno linked to.

[shaz112211]

DEAR FRIENDS I AM SO SORRY THAT WAS TYOING MISTAKE I WILL WRITE U AGAIN WHAT EXACTLY IT SAYD IT WAS MISTAKE ON SECTION NUMBERS... IT SAYS TH



The Reason of Refusal of EU1 Application was

(*) According to records of irish naturalisation and immigration you have no legal immigration status in the state. A notification under the provisions of Section 3(4) of immigration act 1999 as amended is enclosed. Please note u have 15 days to respond to this notification.

so somebody can help me , is their ani chances that he can get visa or permission according to new rule or what will be he procedure , that we can stay together .. Plz reply OR he was not legal in ireland from past 3 years he have to leave the country ?

[Ben]

The Reason of Refusal of EU1 Application was

(*) According to records of irish naturalisation and immigration you have no legal immigration status in the state. A notification under the provisions of Section 3(4) of immigration act 1999 as amended is enclosed. Please note u have 15 days to respond to this notification.

so somebody can help me , is their ani chances that he can get visa or permission according to new rule or what will be he procedure , that we can stay together .. Plz reply OR he was not legal in ireland from past 3 years he have to leave the country ?

shaz112211,

The judgment of the Metock case makes explicitly clear:

A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE

and..

The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State

and..

Finally, the Court holds that a non-Community spouse of a Union citizen who accompanies or joins that citizen can benefit from the directive, irrespective of when and where their marriage took place and of how that spouse entered the host Member State.

Reply to the letter, quoting the above.

(..you'd think that Ireland, of all the Member States, would be following the Metock judgment to the letter. But.. sigh.).

[Ben]

thanx for reply then it means i am untitle of residency here but why they sent me this letter ..
they realy play with our emotions ....

so one last time i ask u that i have green signal ...i must go to lawyer

(sent using PM)

You don't need a lawyer. The DoJ has made a mistake in sending you that letter.

Simply reply, and inform them that your right to reside in Ireland is in accordance with Directive 2004/38/EC and the provisions of the Metock case.

[Ben]

thanx very much actual i was in tention from last two days ..ur very helpful god bless u ...
i have some hope now ...

i will reply them on monday an di think this time i had to reply to them
and i have two adress whish adress shud i eply them

one is Acknowledgement Unit Repatriation Section InIs 13/14 burgh quay d2

and other is The Review Officer EU treaty rights section department of justice & law refom 13/14 burgh quay d2 ..


thanx for the advice

(sent using PM)

You're welcome, I haven't really done anything. Don't let the DoJ make you feel intimidated.

The DoJ don't get it right all the time. Sometimes they try and find loop holes that don't exist. Sometimes they "forget" the rules. But - your rights, and the rights of your family members, in accordance with EU legislation, can never be removed.

So long as you are an EU national, resident in Ireland in accordance with the provisions of the Directive, your family members have the right to reside here also. Their rights, and your rights, are equal to that of Irish citizens. It's important that you remember that.

Send your response to The Review Officer, EU Treaty Rights Section, Department of Justice Equality & Law Reform, 13/14 Burgh Quay, Dublin 2. Send it using Registered Post - and keep the receipt.

[Ben]

(replying to PM again)..

okay thanx

i will write an application and will register post to them

You are not writing an "application" - you are reminding the DoJ of the rules and of their legal obligations.

...do i need to send all my original documents again ...or they wont need it

You have already given these to them. There is no need to submit them again.

.... aniway i will write them application and wil post them on monday ..wish me luck ....
i will definately let u know when the response comes .... thanx for guding ... i appreciate ..takecare

You're welcome. You don't need luck when you are acting lawfully.

sorry to disturb u again ..actually was in worse situation ..
my english is not very gud in writing such aplication ...

plz can u write me small paragraph , i dont have an idea or words how to explain them ..if u could help me when u have time i had to post them on monday ..plz if u can write me small format of paragraph rest i will do ..thanx alot

Try this as a start:

Dear (name of officer),

I refer to your letter dated xx/xx/2009.

In your letter you write, "The Reason of refusal of the EU1 Application was: According to the records of the Irish Naturalisation and Immigration Service you have no legal immigration status in the state."

Your department is required to process this application in accordance with the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, European Directive 2004/38/EC, and the Judgment of the European Court of Justice in Case C-127/08 (Metock).

Please be reminded that Section 7(2) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 requires that a Residence Card of a family member of a Union citizen is caused to be issued no later than 6 months from submission of application.

Regards,


(name).

[Directive/2004/38/EC]

Go ahead and write the letter. Be sure to keep copies of all letters you send.

I would also contact Solvit to get them involved. They can be very helpful in situations like this. It is free. http://eumovement.wordpress.com/help-eu-solvit/