Over 2 months and still no temporary stamp (EU1)

[Monifé]

Hey guys, my partner and I applied for EU1 (EU Treaty Rights) on the basis of his partnership to me (Dual Irish/British Citizen) over 2 months ago and still have received no instructions on how to get the temporary stamp 3/4..

Timeline as follows:

Sent application: 6 May
DOJ received it: 11 May
Additional Docs: 25 May
Additional Docs again: 22 June
Ad docs returned to us: 4 July

All they said when the returned they 2nd lot of additional docs was that our application was being processed further.

What is taking so bloody long to give us a temporary stamp? Our solicitor wrote a letter to them this week so hopefully we will receive a reply next week.

Really hoping it to be a temporary stamp 4 as our application was lodged before 1 June (when the policy change came into effect) although another client of the firm that we use lodged their application on 31 May and received stamp 3. She is now taking DOJ to court. Lets hope it sets a precedence that stamp 4 has to be given and hopefully they wont settle out of court because the EU commission seem to be really taking their time to do anything about as we (myself and a few others on this forum) have complained well before the policy change came into effect and nothing has happened yet.

[thesmiler]

Hey,
we got the letter for the temporary stamp with the first time the docs were returned - now we got the letter (they asked for one more doc which was already sent before) that the application will be processed further in due time.

Maybe they missed that they didn't offer you a temporary stamp with the application no. yet? As they're responding relatively quickly now, you could point that out to them and hope they'll realise.

[Ben]

Hi Monifé,

Important to bear in mind here - there is no entitlement under EU law to a temporary stamp neither for family member nor for beneficiaries.

If the DoJ wish to issue a temporary stamp - fine - and in which case it should be Stamp 4 (Stamp 3 is a prohibition on employment, which is unlawful in the case of family members).

In short, the DoJ are under no obligation to issue any temporary Stamp to pending Residence Card applicants.

[Dublin2011]

I think they forgot to give you the instruction along with the first correspondence. In my case, when they returned the documents that I sent for the first time, they also gave me 2 letters, one regarded to application and another is the instruction to bring this letter to register with garda in order to get GNIB card and stamp3/4.

[Monifé]

I think they forgot to give you the instruction along with the first correspondence. In my case, when they returned the documents that I sent for the first time, they also gave me 2 letters, one regarded to application and another is the instruction to bring this letter to register with garda in order to get GNIB card and stamp3/4.

Hi Dublin 2011, did u get a stamp 3 or 4? When did u apply?

Ben: The GNIB are holding his passport til the other process u know of is over, we firstly requested that EU section get it off them themselves as they are in same building but now our solicitor has wrote to GNIB requesting they transfer it to EU section, do u think that is why they have not given any temp stamp yet?

[Ben]

Ben: The GNIB are holding his passport til the other process u know of is over, we firstly requested that EU section get it off them themselves as they are in same building but now our solicitor has wrote to GNIB requesting they transfer it to EU section, do u think that is why they have not given any temp stamp yet?

No idea Monifé, I'm sorry. I wouldn't like to speculate the the DoJ has a logical reason for doing anything.

[Monifé]

ARGH I feel like pulling my hair out with the blatant incompetence of the GNIB!!!!

The EU Section said the reason they have not given any temp stamp yet is because they haven't seen the original passport yet.

Our solicitor wrote to GNIB, no one replied. She rang today, they said they don't have it!!!

Well who the f**k does then. It was only ever given to them. With a receipt to prove it.

Sorry for ranting but the incompetence of them just infuriates me immensely.

[Dublin2011]

I've applied since Feb, 2010, so I got stamp4.

If they claimed that they don't see the original passports, I think you have no choice but to send them original passports again. However, in the first correspondence from them, did they mention anything about passport?

[Monifé]

Yeah they did mention the passport in the first letter but we had already told them it is with GNIB and for them to get it off GNIB because we had no luck getting it from them and their offices are in the same building.

Then they said nothing in the 2nd correspondence.

And in the 3rd they said that the GNIB still have it.

Solicitor wrote to and rang the GNIB and they said they dont have it. Even though we have a receipt to prove it. Our solicitor has wrote another strongly worded letter yesterday so we will just have to wait and see.

[IrishTom]

Hey guys, my partner and I applied for EU1 (EU Treaty Rights) on the basis of his partnership to me (Dual Irish/British Citizen) over 2 months ago and still have received no instructions on how to get the temporary stamp 3/4..

Timeline as follows:

Sent application: 6 May
DOJ received it: 11 May
Additional Docs: 25 May
Additional Docs again: 22 June
Ad docs returned to us: 4 July

All they said when the returned they 2nd lot of additional docs was that our application was being processed further.

What is taking so bloody long to give us a temporary stamp? Our solicitor wrote a letter to them this week so hopefully we will receive a reply next week.

Really hoping it to be a temporary stamp 4 as our application was lodged before 1 June (when the policy change came into effect) although another client of the firm that we use lodged their application on 31 May and received stamp 3. She is now taking DOJ to court. Lets hope it sets a precedence that stamp 4 has to be given and hopefully they wont settle out of court because the EU commission seem to be really taking their time to do anything about as we (myself and a few others on this forum) have complained well before the policy change came into effect and nothing has happened yet.

He is a Nigerian asylum seeker, yes? Have you been together for two years?

[Monifé]

Yes we have been together for more than 2 years and are engaged.

[rlow68]

Yes we have been together for more than 2 years. 2 years 4 months to be exact.

You need to be patient, as everybody know nationality take precedent in how NIS treat applications, but can not be proven, they may believe he married you to get residency, also they may try to confirm he has not applied for asylum in another european country.
As far as he is free of these issues, he has no problem watsoever.

[Ben]

Yes we have been together for more than 2 years. 2 years 4 months to be exact.

You need to be patient, as everybody know nationality take precedent in how NIS treat applications, but can not be proven, they may believe he married you to get residency, also they may try to confirm he has not applied for asylum in another european country.
As far as he is free of these issues, he has no problem watsoever.

Monifé and her partner are not married. The applicant is the partner with whom a UK national who has acquired the right of permanent residence in Ireland is in a durable relationship, duly attested.

The DoJ is therefore required to facilitate his residence in the State providing there is no threat to public policy, security or health.

[rlow68]

Yes we have been together for more than 2 years. 2 years 4 months to be exact.

You need to be patient, as everybody know nationality take precedent in how NIS treat applications, but can not be proven, they may believe he married you to get residency, also they may try to confirm he has not applied for asylum in another european country.
As far as he is free of these issues, he has no problem watsoever.

Monifé and her partner are not married. The applicant is the partner with whom a UK national who has acquired the right of permanent residence in Ireland is in a durable relationship, duly attested.

The DoJ is therefore required to facilitate his residence in the State providing there is no threat to public policy, security or health.

I dont know they are not married, it is a very difficult situation, there is no evidence of so much commitment, they have only been together for over 2 years and no commitment to be with each other for a long time, the DOJ will take their time as this is not a clear cut case, many factors need to be taken into persepective. I agree with you fully with your comments

[Ben]

Yes we have been together for more than 2 years. 2 years 4 months to be exact.

You need to be patient, as everybody know nationality take precedent in how NIS treat applications, but can not be proven, they may believe he married you to get residency, also they may try to confirm he has not applied for asylum in another european country.
As far as he is free of these issues, he has no problem watsoever.

Monifé and her partner are not married. The applicant is the partner with whom a UK national who has acquired the right of permanent residence in Ireland is in a durable relationship, duly attested.

The DoJ is therefore required to facilitate his residence in the State providing there is no threat to public policy, security or health.

I dont know they are not married, it is a very difficult situation, there is no evidence of so much commitment, they have only been together for over 2 years and no commitment to be with each other for a long time, the DOJ will take their time as this is not a clear cut case, many factors need to be taken into persepective. I agree with you fully with your comments

On what do you base that there is no evidence of commitment? Please let us know the factors which need to be taken into persepective.