DOJ again not practicing EU directive

[robby1]

hi ,
i am non e u spouse of e u citizen, married since aug 2005, got stamp 4 in sep 2005 and applied for stamp eufam4 in july 2006 ,DOJ issued stamp eufam4 in january 2007 untill january 2012,last month i emailed to DOJ regarding to PR card and they told me that you can apply for PR card Before six months you have 5 years on EU treaty rights, I applied for PR card last week and Got reply in post on friday with all my documents retured and letter stating that minister has decided not to accept your application for PR card at this time and reason is that you married to e u national in aug 2005 and was issued stamp eufam 4 in january 2007, it is open to you to apply for PR card six months prior to expiry of your stamp eufam4 card,
Is ireland following E U directive in this situation ?
that means i will have to wait another 16 months .
Could anyone of you advise me on this matter
regards
robby

[Ben]

Hi robby1,

They are wrong.

Write a letter of complaint, pointing out:

(1) Subject to paragraph (3) and Regulation 13, a person to whom these Regulations apply who
has resided in the State in conformity with these Regulations for a continuous period of 5 years may
remain permanently in the State.

Perhaps they will try and argue that they only confirmed your residence "in conformity with these Regulations" in January 2007 and, as such, can only confirm your entitlement to permanent residence 5 years from that date.

In which case, contact Solvit.

[walrusgumble]

hi ,
i am non e u spouse of e u citizen, married since aug 2005, got stamp 4 in sep 2005 and applied for stamp eufam4 in july 2006 ,DOJ issued stamp eufam4 in january 2007 untill january 2012,last month i emailed to DOJ regarding to PR card and they told me that you can apply for PR card Before six months you have 5 years on EU treaty rights, I applied for PR card last week and Got reply in post on friday with all my documents retured and letter stating that minister has decided not to accept your application for PR card at this time and reason is that you married to e u national in aug 2005 and was issued stamp eufam 4 in january 2007, it is open to you to apply for PR card six months prior to expiry of your stamp eufam4 card,
Is ireland following E U directive in this situation ?
that means i will have to wait another 16 months .
Could anyone of you advise me on this matter
regards
robby

Your starting point would be at least by August 2010. WHo the hell told you that you could apply 5 months before your spouse (assuming you are the EU citizen) could even say that she meets the criteria that she has exercised her EU Treaty Rights for a continous period of 5 years? Has see being working for most of that time/exercising her EU rights? (don't worry about shortish period of gaps in time)

If they get all upitity about August 2005, then they may have a problem. Just produce proof of residence and proof that the wife has exercised her rights for each of the years (eg p60's) (note the Directive 2004/38 EC came into effect for most countries in 2006!, first time PR was put down in statute)