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StefanPL
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Post by StefanPL » Sat Sep 25, 2010 3:08 pm

Hi there,

my wife now arrived on a EU Treaty Rights Visa on September 6th
here in Ireland.

As advised by the Embassy and also by immigration at port of entry
we visited navan immigration (after making appointment) one day later.

We had a brief conversation with the immigration officer in there and he
told us that rules had changed 2 days ago and he can NOT register my wife
anymore.

We should download an EU1 Application from the web and fill it out and send it with all supporting docs to the EU Treaty Rights Section in Dublin.

I told him that the immigration offical at port of entry gave my wife only a 4 week allowance to sort out things, he told us that should be enought time for dublin to make a decision.

I however insisted that he should give her an extension as i read online that it takes up to 6 months.

He then was so nice to give my wife a 3 months stamp 3, he told me as soon as we recieve a letter from dublin we should make a new appointment to recieve a stamp4EU from him until the rest of the process is done.

I found it quiet wierd that all other sources (embassy, port of entry and even the INIS Website) say something else then he told us.

Also that people who live in Dublin directly can register with Garda
immigration directly.

However, in the meantime we filled out the application and send it to the EU Treaty Rights Section.

Can you please give me some advise here, is that a normal process, was the guy right or just to lazy to do the registration for us ?


Thanks

Stefan

archigabe
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Location: Dublin

Post by archigabe » Sat Sep 25, 2010 4:07 pm

Applying directly with the E.U treaty section at the Department of Justice is the right way to go about applying for the official Stamp4 EU family card.

El shaddai
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Post by El shaddai » Sat Sep 25, 2010 4:22 pm

And that application may take up to 6months or more.That is the system.

StefanPL
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Posts: 26
Joined: Mon Jun 02, 2008 11:29 am

Post by StefanPL » Mon Sep 27, 2010 7:41 am

@archigabe

Thanks for your advise, good to know i go the right way, i am just wondering, if the process really takes 6 months or more, how the guy
in navan (immigration officer) came to the conclusion that it takes not more then 4 weeks.

And i am also wondering, should my wife not recieve a stamp4 EU while
the application is in process, at least that is what the INIS Website is telling me.

In addition i am wondering that the embassy staff in Germany didnt know better .... :)

@El shaddai

hmmm. on the INIS Website it says UP to 6 months, not over, if it takes longer, why not directly say up to 12 months :)

Obie
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Ireland

Post by Obie » Mon Sep 27, 2010 3:30 pm

What i suspect the guy was trying to convey to you is that, once you have sent the EU1 application, all your document and a letter from the minister asking you to go an register for a 6 months temporary Stamp 4 will be sent to you within 4 weeks. This is not the confirmation or approval of your wife's application.

This will give your wife the opportunity to work, and the rest, whiles her application is being processed.
Smooth seas do not make skilful sailors

StefanPL
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Post by StefanPL » Mon Sep 27, 2010 5:46 pm

Obie wrote:What i suspect the guy was trying to convey to you is that, once you have sent the EU1 application, all your document and a letter from the minister asking you to go an register for a 6 months temporary Stamp 4 will be sent to you within 4 weeks. This is not the confirmation or approval of your wife's application.

This will give your wife the opportunity to work, and the rest, whiles her application is being processed.

Thank you for your advise. Now it makes sense :)

StefanPL
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Joined: Mon Jun 02, 2008 11:29 am

Post by StefanPL » Tue Sep 28, 2010 4:53 pm

Hi Guys,

i have some additional questions.

My Wife and me have a 11 Month old son and he is born in Germany, so he is German.

So, me and my Son are German and my Wife from the Philippines.

We would like to apply for Child Benefit, as a EU Citizen it says :

EU/EEA citizens and Swiss nationals working in Ireland, satisfy the habitual residence condition for Child Benefit.

But then i see on the Applicationform that for Child Benefit only the mother can apply, in Germany both are able to apply.

The Problem i see now is that probably because she dont work and just came into the country 3 weeks ago she would not be habitually resident and i think it would be also a reason they could reject her Stamp4EU Application.

Is there anything i could tell them so i could apply ?

Also i would like to try to apply for a Medical Card, i would apply for it but put my wife and son in the application, is there a problem with her EU4 Stamp, or does INIS not check that.

Thanks

Stefan

luv2tr4v3l
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Post by luv2tr4v3l » Tue Sep 28, 2010 5:13 pm

hi Stefan!

your wife and i have the same case. I am also from the Philippines married to a German.My husband and i arrived here last Sept. 15. Just wondering if she register first at Garda or applied right away for the EU1? I was also ask by the immigration officer at Dublin Airport to register at Garda within 1 month.

Thanks in advance

StefanPL
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Joined: Mon Jun 02, 2008 11:29 am

Post by StefanPL » Wed Sep 29, 2010 6:02 am

luv2tr4v3l wrote:hi Stefan!

your wife and i have the same case. I am also from the Philippines married to a German.My husband and i arrived here last Sept. 15. Just wondering if she register first at Garda or applied right away for the EU1? I was also ask by the immigration officer at Dublin Airport to register at Garda within 1 month.

Thanks in advance
I send you a PM with all what i have learned from the guys in here.

You have to log in to your account to read it.

If someone can answer my questions i asked before please do if possible :)

Stefan

Obie
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Ireland

Post by Obie » Thu Sep 30, 2010 6:05 pm

That statement is not true, any parent can claim Child Benefit for a child in Ireland. There is no requirement, to the best of my Knowledge that the claimant has to be the mother.

The Mother can claim, once she gets her 6 months stamp 4, this could be out of personal choice, but there is no requirement it has to be claimed by the mother.

So long as you are working in Ireland, your child is entitled to Child Benefit.
Smooth seas do not make skilful sailors

StefanPL
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Post by StefanPL » Fri Oct 01, 2010 6:13 am

Obie wrote:That statement is not true, any parent can claim Child Benefit for a child in Ireland. There is no requirement, to the best of my Knowledge that the claimant has to be the mother.

The Mother can claim, once she gets her 6 months stamp 4, this could be out of personal choice, but there is no requirement it has to be claimed by the mother.

So long as you are working in Ireland, your child is entitled to Child Benefit.

Then why it states it on the application form ? Also when i call the Child Benefit Section i was told that only the mother can apply, only in case that she is not in country or we living seperate and the child is with me i could apply and maybe getting the child benefit.

But i will try, we will see what they will tell me when i apply :)

If it not works she can still apply, does child benefit any negative effect on her stamp 4 application ?

Thanks

Stefan

fatty patty
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Location: Irlanda

Post by fatty patty » Fri Oct 01, 2010 9:04 am

StefanPL wrote:
Obie wrote:That statement is not true, any parent can claim Child Benefit for a child in Ireland. There is no requirement, to the best of my Knowledge that the claimant has to be the mother.

The Mother can claim, once she gets her 6 months stamp 4, this could be out of personal choice, but there is no requirement it has to be claimed by the mother.

So long as you are working in Ireland, your child is entitled to Child Benefit.

Then why it states it on the application form ? Also when i call the Child Benefit Section i was told that only the mother can apply, only in case that she is not in country or we living seperate and the child is with me i could apply and maybe getting the child benefit.

But i will try, we will see what they will tell me when i apply :)

If it not works she can still apply, does child benefit any negative effect on her stamp 4 application ?

Thanks

Stefan

No child benefit has no effect. Its given by the government automaticaly to every child born or resident in the state.

StefanPL
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Post by StefanPL » Thu Oct 07, 2010 11:29 am

WE just recieved a letter from EU Treaty Rights Section :


Dear [name redacted by Administrator]

I am directed by the Minister for Justice and Law Reform to refer to your application for a Residence Card under EU Treaty Rights which was received in this office on 24/09/2010.

The following documents that were submitted with your application are now returned.

(Listed all the documents we gave them and all his here except for the photos)


I would be obliged if you would submit the following original documents by registered post to: EU Treaty Rights Section, Irish Naturalisation and Immigration Service, 13-14 Burgh Quay, Dublin 2.

Evidence of current activities of the EU, EEA or Swiss citizen, in the State

If the EU, EEA or Swss citizen is in employment, the following documents should be provided:
* Letter containing full contact details of employer


Evidence of resience of applicant and EU, EEA or Swiss citizen in the State

If renting:
* Letter Of Registration of Tenancy from the Private Residential Tenancies Board

Other evidence of residence may be considered if deemed satisfactory. If you are not renting or a homeowner, then the person you are living with should provide the above documents with a written declaration of your residence in addition to any other evidence of your residence.

Please note that original documents must be submitted. Photocopies are not accepted.

On receipt of the above documents, your application will be processed further.

The onus is on you, the applicant, to advise this office of any change in your circumstances while your application is being processed (e.g. change of residence, change in activities of EU/EEA/Swiss citizen, or change in relationship to EU/EEA/Swiss citizen) and to submit new supporting documentation as appropriate



Yours sincerely,
[name redacted by Administrator]
EU Treaty Rights Section
Irish Naturalisation and Immigration Service


I already send them my ORIGINAL Contract, is that not enought ? But no problem, i will just request a letter from my employer.

My landlord did not register my tentancy, but i send them my rental contract (ORIGINAL), so what should i do here ?

Also, can we already go with that letter to the immigration officer to get stamp 4 or we have to wait until wen send the additional docs and wait for thier answer ?


THANKS for your help

Stefan

Monifé
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Post by Monifé » Thu Oct 07, 2010 2:07 pm

That happened to us.

Inform them that your landlord does not want to register with PRTB and that you have supplied an original contract/lease and also supply bills and bank statement with your address and names on them. Inform them that it is not a requirement under the EU law to provide PRTB form and that you have provided other satisfactory evidence of residency here in Ireland.

Get a letter from your employer. Submit this along with a copy of your employment contract again. Inform them in your letter that you already supplied your contract and here is a copy of it and a letter from employer and that you will forward on your payslip when you receive one.

Also inform them that they must issue your spouse a temporary stamp 4 for the duration of the application process and that you have provided them with the relevant required documentation.
beloved is the enemy of freedom, and deserves to be met head-on and stamped out - Pierre Berton

agniukas
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Post by agniukas » Thu Oct 07, 2010 7:44 pm

your wife can apply for child benefit if she is in the state. if there is any problem with residency, the payment could be postponed until she can submit the letter from dep. of justice. the payment will be backdated from the date of application.

StefanPL
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Post by StefanPL » Thu Oct 07, 2010 7:55 pm

Monifé wrote:That happened to us.

Inform them that your landlord does not want to register with PRTB and that you have supplied an original contract/lease and also supply bills and bank statement with your address and names on them. Inform them that it is not a requirement under the EU law to provide PRTB form and that you have provided other satisfactory evidence of residency here in Ireland.

Get a letter from your employer. Submit this along with a copy of your employment contract again. Inform them in your letter that you already supplied your contract and here is a copy of it and a letter from employer and that you will forward on your payslip when you receive one.

Also inform them that they must issue your spouse a temporary stamp 4 for the duration of the application process and that you have provided them with the relevant required documentation.
Thanks, but i already mentioned that in my first letter that came with the application and the documents that he did not register us with the PRTB.

I now send an email to them asking them about a document i could send in that would satisfy their department, then i will send that and hope everything goes well.

Greetings,

Stefan and Kristine

StefanPL
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Posts: 26
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UPDATE

Post by StefanPL » Fri Nov 05, 2010 5:31 pm

Hi Guys,

just wanna update you.

We now send the additional docs they requested, the letter from my employer and also the PRTB Letter that i have now finally.

Now they have all the documents that they wanted from us, just a questions to the experts in this forum, how likely is it that my application will still be denied ?

APPART if i lose my job, what i dont think will happen, as they really need me in the company i work at the moment, they struggeling to find people for the work i am doing.

Can you give me some advice ?


Thanks

Stefan

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