GNIB Operation Charity: EU bride for marriage of convenience

[Southern_Sky]

http://www.independent.ie/opinion/analy ... 41169.html

The Garda National Immigration Bureau (GNIB) established Operation Charity and began cracking down on the large-scale scam to draw poor eastern European girls here for "convenience" or sham marriages. Ireland is a particular target for organised Pakistani criminals specialising in these marriages.

Gardai can bring prosecutions in cases where there is evidence of trafficking or sexual or physical violence. They can also prosecute for possessing fake documents.

Immigration gardai are meanwhile monitoring all applications by foreign nationals to marry EU citizens here. In each case they are investigating the nature of the immigrant's status, and if he is illegally here he will be pursued, they say.

[Ben]

Interesting article, Southern_Sky. The Indo should have researched more though.

The Baltic states brides are EU citizens and entitled to be here.

Entitled? We all know their right to reside here is not unconditional.

Ireland's equivalent law was successfully challenged in the European Court of Justice in 2008 in a case brought by eight immigrants, mostly African, who married European women while in Ireland.

The European Court found that our law in relation to using marriage to assist illegal immigration was contrary to the EU's "freedom of movement" laws.

It wasn't a law in relation to using marriage to assist illegal immigration though. It was a law which prevented the free movement of the family member of an EU national of they had not firstly resided in another Member State. This was the law which was challenged and this was what was ruled unlawful.

Additionally, the case wasn't brought to the ECJ by eight immigrants, mostly African. It was brought by Ireland. The eight people involved in the case weren't mostly African either. Four out of eight were African.

This article also fails to mention that not one of the four marriages in the Metock case was a marriage of convenience.

115 applications for EU or Irish citizenship based on marriage to EU nationals.

Application for EU or Irish citizenship based on marriage to an EU national? Ireland has no authority nor process for approving an application for any citizenship other than for Irish citizenship. There is also, of course, no such thing as application for Irish citizenship based on marriage to an EU national.

Another Irish Independent poor quality, poorly researched article.

[Obie]

This newspaper article contains factually inaccurate information, which has a potential of misleading readers.

The paper seems to think the EU ruling in Metock only affect Ireland and Denmark, whiles other countries like Britain are allowed to keep laws in place to clamp down on illegal immigrant.

This is utterly unture and shows a complete lack of knowledge on the part of the publisher.

Just for the record, Ireland is allowed to refuse or revoke residency in cases of Marriage of convenience, nothing stops them from doing that.

Also there is no law stopping them from initiating live interviews of applicant or paying home visit if they suspect a marriage is contracted soley for the freedom of movement gains.

What they are not allowed to do is to stop genuine couples from gaining residency or ask for extensive evidence beyond the scope of the relationship.

For a non-EU citizen to gain residence through marriage to an EU national, the EU national needs to be exercising treaty rights.

The can't just simply come, get married , board the next available flight and expect the non- EEA to obtain residency. It doesn't work like that.

[acme4242]

Looks like Government propaganda for the ignorant masses,
You would think a free press would research and inform.

What a poor performance from Jim Cusack.

[archigabe]

This one from the 'Sunday Times' is slightly better researched.

What drew attention to his case was the fact that almost every member of the cricket team stayed in Ireland and either married Latvian women or applied for permission to do so.

The paperwork which some of the applicants submitted also aroused suspicions. A significant number of the brides-to-be seemed to be working for a fashion company in Cavan. The GNIB took this to be evidence of a racket.

systematic checks on all applicants who seek residency permits are prohibited under EU law, which inevitably leads to such applications “being granted even where there are doubts about the bona fides of the applicationâ€

[Southern_Sky]

As per Achigabe's article link:
http://www.timesonline.co.uk/tol/news/w ... 009638.ece

'One garda source said: “We are doing our best to stop these marriages by finding evidence of other crimes such as bigamy and fraud, because it’s not illegal to marry someone for money in Ireland.â€

[Ben]

[quote="Southern_Sky"]“I am not denying that some people are being given residency permits, and then it emerges that they are not really married, but the state can revoke a residency permit at any time on the grounds that it was granted in error,â€

[IrishTom]

[quote="benifa"][quote="Southern_Sky"]“I am not denying that some people are being given residency permits, and then it emerges that they are not really married, but the state can revoke a residency permit at any time on the grounds that it was granted in error,â€

[Ben]

Nice tactic, ignore the issue and nit pick the writers choice of words.

I don't have a tactic Tom. I just didn't choose to display an opinion on the rest of the quote - and I shan't.

"Residence permit" is frequently used by many (including some members on this website), quite inaccurately, in place of "Residence Card". The former is an incorrect term and may cause to insinuate that permission is required in order to receive what is being referred to. This is incompatible with the provisions of Directive 2004/38/EC.

[IrishTom]

Nice tactic, ignore the issue and nit pick the writers choice of words.

"Residence permit" is frequently used by many (including some members on this website), quite inaccurately, in place of "Residence Card". The former is an incorrect term and may cause to insinuate that permission is required in order to receive what is being referred to. This is incompatible with the provisions of Directive 2004/38/EC.

Thats the problem, its a loophole and we are being shafted by these scammers.

"systematic checks on all applicants who seek residency permits are prohibited under EU law, which inevitably leads to such applications “being granted even where there are doubts about the bona fides of the applicationâ€