Eu Treaty Right

[mirzhar]

Hi every one , i am looking for information but can not find more then whatever is avaliable on INIS web site.

My Wife is british and i am non Eu national, I applied for EU spouse visa in my home country , they gave me 6 month visa I flew week after, AT the time when i arrived my wife went to Uk for business meeing.

Immigration send me back saying that my wife is not in even Ireland (Even i told she worked in ireland and she is coming back from a flight after just an hour ,But they did not listen to me.)

They did not cancel my visa they said when your wife works here and lived here (even she lives in ireland just was off for meeting)

Then after a week i flew again and then they allow me to entre in State.

My wife is working full time , we are accmodating our self without any social support or what so ever. Living together

I applied for EU Fam 1 in march , i was given another six month on discreation of Garda Immigration officer

Now i am waiting for decision and since i am in ireland i havent found any job yet but my wife is still working

now four month has been passed and i havent received confirmation of Eu Fam 1.

Has any one have Eu fam 1 (how long it took , when they have confirmation) ?

Has any one refuesd Eu Fam 1 (what was the grounds)

I would like to say thanks in advance

[Obie]

I applied in around that time as well.

It usually takes 6 months for a decision to be reached. You should expect a response by September.

Have they requested any further documentation or not.

The good thing is they have given you the temporary stamp 4, i am still awaiting mine even though i have got the minister's letter.

Job market is a bit difficult at present, you should consider registering with FAS.

[guttu]

HELLO MIZHAR

I AM ALSO MARRIED TO A BRITISH ITIZEN SHE IS ALSO FROM ENGLAND AND I AM ALSO STILL WAITING FOR MY FINAL DECISSION...

I HAVE ONE QUESTION THAT HOW COME IMMIGRATION KNW THAT YOUR WIFE WAS NOT IN IRELAND WHEN SHE WENT FOR MEETING IN ENGLAND ?
DID THEY ASKED YOU OR HOW DID THEY KNW THAT YOUR WIFE WAS NOT IN IRELAND ? I HAVE THIS QUESTION ...


REGARDS...
MALIK

[mirzhar]

thx evry 1 .

Guttu regarding your question how they find out that my wife is not in ireland because they ask me few question when i arrived.

Where my wife lived?
Where she works ?
whats her contact details? and etc

When i gave her contact number immigration officer went in office and he called my wife asking about me ? Obv if husband is coming then wife supposed to be at airport. But the problem was she don't want to risk her job too. As i had address and transport info and i could wait for her at airport becz she was due just after an hour .

She told immigration officer i am in london in business meeting and i am coming back from this fligt

But immigration officer said to me i am not convienced and instead waiting for my wife they send me back from the same flight in which i came from just after 20 min.

I mean like within 20 min he made decision , and i know why he didnot wait for my wife because he know if he did not send me back from same flight then next flight was after 2 days , how he will accmodate me for 2 days

He try to be cleaver but anyways i am here with my wife which is most important bit.

But belive me i gone through hell of time.

[mirzhar]

Obbie
thx 4 reply , Yeah may be , I went to FAS office they said they wont regiter me even i have temp stamp 4 , they said wait for the decision then you can register with FAS.

So 6 month is like perison for every male or Female who is non-Eu national

To be honest who like to be un employed and let her wife to work and just sit at home.

Some time i feel ashamed when my wife works day and night

Hell of bills , texas , insurance , and living cost its very hard

I dont know abt others but we are pushing our life on track

& in all these situation how you can think abt having baby when you hardly managing your self..


So many issues.....

[Obie]

Obbie
thx 4 reply , Yeah may be , I went to FAS office they said they wont regiter me even i have temp stamp 4 , they said wait for the decision then you can register with FAS.

So 6 month is like perison for every male or Female who is non-Eu national

To be honest who like to be un employed and let her wife to work and just sit at home.

Some time i feel ashamed when my wife works day and night

Hell of bills , texas , insurance , and living cost its very hard

I dont know abt others but we are pushing our life on track

& in all these situation how you can think abt having baby when you hardly managing your self..


So many issues.....

It is quite a difficult position to be in and i know it. I have yet to be issued with a temporary work permit whiles my application is been dealt with.

The position you are in, is not of your making, and your wife perfectly understands that. My EU family member is the one providing for our home as well, and there is a toddler to provide for as well not to mention the cost of living here.

Your wife knows you are a considerate and providing husband and the reason why you are not providing at present, is due to reasons beyond your control. I know this doesn't help your self esteem much, but try and be patient and don't get too worked up about it. Try consider doing volunteering job in areas of interest to you, and this will help you to focus on other things.

Relax and know that the situation you are in today, will not exist in a years time okay.

Stay focused on the bigger picture, which is your stamp 4EUFam which will be due for issue in about 2 months time.

[mirzhar]

Thx very obie for being supportive

I hope and i will pray for every one that May God Unite every one who ever is far from their families.

Imagine as EU free movement how abt moving free within world

lolz

Can you imgaine it can happen

[Directive/2004/38/EC]

mirzhar,

They were legally required to let you in on your first entry, as you were there to join your EU citizen spouse. It does not matter that she was out of the country for a few hours.

You can very likely get compensation from the Irish government for all your expenses and for damages.

[mirzhar]

are you serious abt that that i can claim for that . because you know i lost all my luagage whicg i lost , then i have to pay for the flight which took me back and then i bought new ticket .

& moreover the hell of time i went through still when i think abt that i become secared because when any country send you back for some reason then they treat you like your are criminal .

No respect and so many things ............

[mirzhar]

I have question to ask regarding All non-Eu family member that do you all thing the way our applications handle and the way we get treated and also the information we get how accurate and good they are .

I mean when you come here and you been told to do that and do that is it fair, for me working DOJ & GARDA are very confusing they said one stop shop to their immigration but i am not agreed with that becz if its one stop then DOJ says something else and GARDA immigration says something else

I did not understand any logic DOJ to get involve GARDA in immigration becz they are already said we are shortage of staff then lets GARDA to do their job to overcome on CRIME. DOJ do their job even if they want to carry on GNIB system then it should be within there department,

HAS any one agreed with me or not please all comments welcome

[Obie]

are you serious abt that that i can claim for that . because you know i lost all my luagage whicg i lost , then i have to pay for the flight which took me back and then i bought new ticket .

& moreover the hell of time i went through still when i think abt that i become secared because when any country send you back for some reason then they treat you like your are criminal .

No respect and so many things ............

I am sure directive is right, especially when they spoke to your wife, and she confirms she is on a flight, and only traveled on business / work trip, which is her exercising her treaty rights.

They should have at least allowed you that few hours before proceeding with the disproportionate measures of returning you. They had every evidence that your wife is exercising treaty rights in Ireland. She is allowed to travel for up to six months and will still be considered resident in Ireland and exercising treaty rights.

If you have to pay another ticket fare, and your personal effects were lost, you certainly have to consider it.

However it might be a costly process, but the department of Justice will pay you and all your legal fee when you have won the case.

[mirzhar]

thx obie again

thats why i did not pressue that and just forgot becz there is no point for me to ask for that .. so far as you said they should wait atleast one hour but the flight which i came from was due in half an hour so i assume they was not ready even to accmodate me even in detention to let my wife comes . she does confirm everything and told i had my company urgent meeting . you tell us what shall i do.

If she did not attend meeting her job was on risk and one of the reason to exsercise Eu treaty Right would be in danger too ..
And if she did go for that in order to ful fill her job describtion then receiving me at the airport would be i dont think should be issue for immigration.

As immigration officer said she is your wife and she is not here .. seems logic but there are circumstances where is exception.

So confusing...

[Directive/2004/38/EC]

http://eumovement.wordpress.com/info-ireland/

Statutory Instrument S.I. No. 226 of 2006 European Communities (Free Movement of Persons) Regulations 2006

Permission for Union citizens and qualifying family members to enter the State
(b) Before refusing permission to enter the State under subparagraph (a), the immigration
officer shall give the person concerned every reasonable opportunity to—
(i) obtain the necessary documents,
(ii) present the necessary documents to the immigration officer within a reasonable
period of time, or
(iii) corroborate or prove by other means that he or she is entitled to enter the State in
accordance with these Regulations.

[egdhe1@hotmail.com]

Hi all
I would like to know if you can help me regarding my EU treaty rights.
I have worked for my company within Holland nearly three years ago on a project for approx 6-7 months, where I flew on a Monday morning and worked the week within the plant, staying in a hotel from Monday to Friday. I flew home on Fridays and again flew out on Monday.
What I would like to know is if I am entitled to have my EU treaty rights exercised from this. Now there is one other issue, which I believe has a considerable affect. This is that my company never had me on the books within the Holland plant as I was paid from Ireland. My company also never registered me any way to state I was working on a project within Holland , so basically I am asking if there is any way I can exercise my EU treaty rights based on the facts I have above. And what document do I need to enclose for it?

[Directive/2004/38/EC]

You need to give a little more information if any of us can be helpful.

You were living in Ireland and working in the Netherlands? What is your citizenship?

Lets say you were exercising treaty rights. Why is this important? What is it that you want to do?

[egdhe1@hotmail.com]

Hi, thanks for your reply.
I am an Irish citizen, I was working from july 2006 to January 2007 in The Netherlands for my sister's company helping to finish a project, but as I said in my previous post, I have been always paid by the company in Ireland, I had BUPA insurance cover for EU countries, I did not rent as it was easier to live in the hotel (the same hotel for 6 months) and I chose to fly back to Ireland most of the weekends.
I would like my girlfriend (south american who needs visas to go everywhere) to apply for Stamp 4 EU FM (based on our long term relationship). We have been in a relationship of 4 years now, and she is living in Ireland for 3 1/2 years. She has Stamp4 in her passport.
If I had known this I would have done things completely different with my company, so I do not know how to prove ( if I can) I have been exercising my EU treaty rights
Thank you

[Directive/2004/38/EC]

It is an interesting question!

How long have you been living with your partner?

So you were working in the Netherlands. Your partner was continuing to live in your shared flat in Ireland while you were away?

The problem is that it was two and half years ago that you were exercising treaty rights. It might be hard to exercise Singh rights when she was not with you, and it was so long ago.

What visas have you tried to get? Have you got a UK EEA Family permit? You should get one of those on a regular basis and visit northern ireland or London. You should also be able to get a Schengen.

[egdhe1@hotmail.com]

Hi again
Well, while I was in The Netherlands she was staying at my mother's, she went to see me once in Holland.
And regarding visas, here in Ireland she is on stamp 4 working visa, and she is trying to get Stamp 4 EU FM.
We were living together since February 2006
What is your advice?

Thanks again

[Directive/2004/38/EC]

Sorry, advice I can not give you.

But if I were you/her, I would get a regular and ongoing EEA family permit to allow easy visits to the UK. And probably a regular Schengen visa. I am not sure why getting 4EUFam is all that helpful, and I suspect DOJ would refuse and you would have to fight like hell to maybe get it.