Reply just received. Download it here.Ben wrote:I've sent this open letter to the Department of Justice, and a similar one to the European Commission:
I cannot understand why they are taking backward steps. They used to issue Stamp 3, they got a their wrists slapped, now they issue Stamp 4. Why revert to Stamp 3 again? Are they hoping that no one will notice?Dear Sirs,
In July 2008 I contacted the European Commission and made a formal complaint in relation to several breaches by the Irish government of EU Directive 2004/38/EC. Since then, there have been some changes in Ireland.
Previously, the family member of a Union citizen who had applied for a Residence card of a family member of a Union citizen but who had not yet received it, received an endorsement in his passport (known as "Stamp 3") stating that he is prohibited from engaging in employment in Ireland. As you will be aware, such prohibition is unlawful, since it is incompatible with the provisions of EU Directive 2004/38/EC.
Some time after my complaint, this situation changed. The family member of a Union citizen who has applied for a Residence card of a family member of a Union citizen but who has not yet received it, no longer receives this "Stamp 3" passport endorsement and unlawful prohibition of employment. Rather, he instead receives a "Stamp 4" endorsement, valid for six months (for the duration of the application process of the Residence card of a family member of a Union citizen). The "Stamp 4" endorsement does not prohibit the family member of a Union citizen from engaging in employment.
However, on the website of the Irish Naturalisation and Immigration Service, the below text is now displayed:
"Please be advised that with effect from 1 June 2010, the permission to remain which may be given to applicants who are in the State on the basis of a pending application for EU Treaty Rights will be a Stamp 3. This stamp will allow the applicant to remain in Ireland on conditions that the holder does not enter into employment, does not engage in business or profession and does not remain later than a specified date. This stamp will be provided for the period of the application process only (i.e. a maximum of six months)."
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
Why does the Irish government intend to return to its old practice, of illegally discriminating against and depriving the family member of a Union citizen who is resident in Ireland, from engaging in employment in the state?
I look forward to hearing from you.
Your faithfully,
Benjamin Wilson (Mr.)
In short,
"A decision to remove the right of third country family members of EU citizens to work in Ireland before their residence cards are issued would be contrary to Directive 2004/38/EC. EU law is clear: EU citizens, alongside their family members, must be allowed to work from the day they arrive to Ireland.
The Commission raised this issue with the Irish authorities in its recent letter listing all the issues of application of the Directive in Ireland. A bilateral meeting with the Irish authorities is scheduled for the next weeks."