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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)shaz112211 wrote: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
shaz112211,shaz112211 wrote: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 ?
and..Metock judgment wrote: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..Metock judgment wrote: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
Reply to the letter, quoting the above.Metock judgment wrote: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.
(sent using PM)shaz112211 wrote: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)shaz112211 wrote: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
You are not writing an "application" - you are reminding the DoJ of the rules and of their legal obligations.shaz112211 wrote:okay thanx
i will write an application and will register post to them
You have already given these to them. There is no need to submit them again.shaz112211 wrote:...do i need to send all my original documents again ...or they wont need it
You're welcome. You don't need luck when you are acting lawfully.shaz112211 wrote:.... 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
Try this as a start:shaz112211 wrote: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