EU 1 tem stamp4 for 6 months, IS IT COUNTABLE FOR PR,,,,?

iluvireland · Post by **iluvireland** » Sat Jan 08, 2011 9:20 pm

HELLO ALL, I AM JUST WONDERING ,,,I GOT 6 MONTHS TEM STAMP4 BEFORE I GET EU4FAM 5 YEARS,,,,IS THAT DURATION COUNTABLE WHEN I WILL APPLY FOR PR,,,,,,,,?

THNKS

Monifé · Post by **Monifé** » Sat Jan 08, 2011 10:16 pm

No.

The 5 years starts counting from the date you received your residence card.

iluvireland · Post by **iluvireland** » Sat Jan 08, 2011 10:25 pm

thanks monife,,,for quick response,,,,,

daddy · Post by **daddy** » Sun Jan 09, 2011 5:23 pm

iluvireland wrote:HELLO ALL, I AM JUST WONDERING ,,,I GOT 6 MONTHS TEM STAMP4 BEFORE I GET EU4FAM 5 YEARS,,,,IS THAT DURATION COUNTABLE WHEN I WILL APPLY FOR PR,,,,,,,,?

THNKS

why would the first 6 months not count towards pr, were you not eu family member at that time? were you not legal in the country during the six months?, honestly I do not see the reason why it would not count. Infact, INIS expect you to apply for PR 6 months before your 5 years stamp4eufam card expires.

I would like more ideas on this, as no one can predict the way INIS does its own things.

iluvireland · Post by **iluvireland** » Sun Jan 09, 2011 6:28 pm

i have same question....too why not? i think its not fair ,,,

daddy · Post by **daddy** » Sun Jan 09, 2011 7:02 pm

iluvireland wrote:i have same question....too why not? i think its not fair ,,,

i would surgest you send an email to eu treaty right section regarding same question in order to be sure.

iluvireland · Post by **iluvireland** » Sun Jan 09, 2011 7:29 pm

thanks daddy and monife,,,,,i will send e-mail to them,,,,lets see they response or not,,,,,

Monifé · Post by **Monifé** » Sun Jan 09, 2011 7:37 pm

I would like to see their response too.

As far as I am aware, INIS count from the day you get residence card but I too believe that it should count from the day you first started living in the host member state with the EU citizen family member (and them exercising treaty rights after 3 months of first living there onwards).

iluvireland · Post by **iluvireland** » Sun Jan 09, 2011 10:22 pm

is any one had experience about this matter pls share with us as well,,,,,

robby1 · Post by **robby1** » Mon Jan 10, 2011 2:34 am

D.O.J was not counting it,they refused my PR application initially in march 2010, i argued with e u treaty rights section on this matter . Now that period will be counted towards PR,when i got my first stamp as family member of e u citizen it was satmp 4 for one year in 2005, got PR last year.
thanks .
ROBBY

daddy · Post by **daddy** » Mon Jan 10, 2011 4:01 pm

robby1 wrote:D.O.J was not counting it,they refused my PR application initially in march 2010, i argued with e u treaty rights section on this matter . Now that period will be counted towards PR,when i got my first stamp as family member of e u citizen it was satmp 4 for one year in 2005, got PR last year.
thanks .
ROBBY

Robby1, what was the outcome of your argument with DOJ? did they accept and counted the initial 6 months for you or did they not? or did they effect the change in recent applications from other people?

How long did your PR application take to be processed?
Thanks.

iluvireland · Post by **iluvireland** » Mon Jan 10, 2011 4:04 pm

thanks robby for your response,,,,,,so its countable for all applicants for PR,,,,Can ask you robby ,how long they took time for your PR?

robby1 · Post by **robby1** » Mon Jan 10, 2011 6:38 pm

hi,Took exactly six months .
thanks
robby

Monifé · Post by **Monifé** » Wed Jan 12, 2011 8:26 pm

Quote from email I wrote to EU Treaty Rights Section.

They really are time wasting a***holes!!!

It is not possible to answer hypothetical questions. If the applicant
wishes to apply for a Permanent Residence Card the application will be
assessed on the paperwork submitted.

Regards

EU Treaty Rights
Mail - In Query

From : XXXXXXXX <xxxxxxxxxxxxxx@hotmail.com>

To: EU Treaty Rights INIS <eutreatyrights@justice.ie>
cc:
Date : 09/01/2011
Subject: Query about permanent residence

To whom it may concern,

I would like to enquire as to when the clock starts ticking in relation to
permanent residence of a non-EU family member of an EU citizen.

Is it 5 years from the date you receive your residence card as a family
member of an EU citizen or is it 5 years from the date that you are living
with the EU family member (ie: spouse/partner) in the host member state in
accordance with the directive 2004/38/EC?

Look forward to hearing from you at your earliest convenience.

Regards,

XXXXXXXXX

I thought the email service was set up to answer queries. They never cease to amaze me.

iluvireland · Post by **iluvireland** » Wed Jan 12, 2011 10:08 pm

Thnx a lot Monife for posting the email reply from eu treaty..its totally unexpected and unacceptable response from them...it doesnt make sense reply the query in a typed way ..they should clarify the things ..on what basis they do process the permanent residency??

Ben · Post by **Ben** » Fri Jan 14, 2011 12:18 pm

The right of permanent residence is acquired following 5 years lawful residence in the state in conformity with Directive 2004/38/EC and national transposition.

Application for or receipt of a residence card is not a perquisite for lawful residence.

I can't be bothered opening the Directive to check which article says that. It's basic stuff. Everyone knows that.

The DoJ is pathetic. Trying to be all smart - "it is not possible to answer hypothetical questions". Jesus facing christ. They bore me at this stage. Typical Irish attitude. No offence, just calling a spade a spade. The UKBA are arseholes on another level, but they're not stupid-trying-to-be-smart.

iluvireland · Post by **iluvireland** » Fri Jan 14, 2011 9:28 pm

so Ben,,,, you think its not countable,,,,,,,,,,?

Monifé · Post by **Monifé** » Fri Jan 14, 2011 9:54 pm

iluvireland wrote:so Ben,,,, you think its not countable,,,,,,,,,,?

Ben meant that any time spent in Ireland as a family member of EU citizen is counted towards PR.

He also mentions that a residence card is not needed to prove lawful residence.

Basically, the minute your EU spouse started exercising treaty rights in Ireland (or also the time they were job seeking) and you were living with them, that is when the clock starts ticking.

iluvireland · Post by **iluvireland** » Sat Jan 15, 2011 3:08 pm

thnx Monife..and wish u all the best ..

Immigrationboards.com: Immigration, work visa and work permit discussion board

EU 1 tem stamp4 for 6 months, IS IT COUNTABLE FOR PR,,,,?

EU 1 tem stamp4 for 6 months, IS IT COUNTABLE FOR PR,,,,?

Re: EU 1 tem stamp4 for 6 months, IS IT COUNTABLE FOR PR,,,,

pr