Applying under EU1 - Question

ciaramc · Post by **ciaramc** » Sun May 22, 2011 6:36 pm

My husband is applyign tomorrow @ Burgh quay under EU1 spouse of EEA/Irish citizen - I have exercised treay rights for over ten years abroad - just wondered does anyone know if they will give him a temporary stamp while they process his application? If so will they give it to us tomorrow?

We are bringing with us
Marriage certificate multi-lingual
Birth certificate of our daughter multi lingual
Both mine and his passports and our daughters
letter from my father to say we are living in his house
Evidence that I have lived in another EU country - my residence certificate
Some bills in our name etc
My husbands residence certificate from Italy
Copy of his previous visa to Ireland and his current one?

Monifé · Post by **Monifé** » Sun May 22, 2011 7:20 pm

As far as I know, you cannot apply for EU1 in person. It is a postal application and on receipt of the documents, once they see everything needed has been submitted, they will post you a certificate of application and a letter informing you when and how your husband can obtain his 6 month temporary stamp 4.

EU1 Application Form

EU1 Explanatory Leaflet which explains in detail what documents are needed.

More Information

ciaramc · Post by **ciaramc** » Sun May 22, 2011 7:34 pm

Thanks - MonifÃ© we were told at the airport to apply at Burgh Quay? They took his photo and gave us a little map saying to apply to the treaty rights section at Burgh Quay?? They also seemed to know he was applying for EU1?

koded · Post by **koded** » Sun May 22, 2011 8:31 pm

What Monife said is correct. You can only apply for RC by registered post as original documents need to be posted. What happened in airport was the normal procedure for anyone coming under EU family permit.
It takes about 10 days for you to receive a reply after your application has been received. The reply you will receive will either be a certificate of application instructing you on how to obtain temporary stamp or you will receive a reply asking for additional documents to be submitted for your application to be process further.

ciaramc · Post by **ciaramc** » Sun May 22, 2011 9:32 pm

ok thanks!

doesnotcompute · Post by **doesnotcompute** » Wed May 25, 2011 9:57 am

Hi,

Like ciaramc, I am also an Irish citizen excercising my Treaty Rights abroad, and I will be returning to Ireland with my non-EU spouse in less than 3 months. I would be very interested to know how you get on, ciaramc.

What I'd like to know is - when my wife sends the EU1 application (along with her passport, etc), do the Treaty Rights section send her passport back to her, when they send the letter that tells her when/how/where to apply for her temporary immigration stamp? I presume they do, I just want to get things clear in my head, as the info is hard to come by.

Also, when we arrive at the airport, do we have to explicitly tell the Garda that we plan to use the Surrinder Singh route? Do we have to mention anything about Treaty Rights, or is it that likely to affect his/her decision as to how many days to give my spouse on her entry stamp?

ciaramc · Post by **ciaramc** » Wed May 25, 2011 11:14 pm

Heya we went to Burgh quay and they gave us the application form and explained it to us....at the airport the airport the police man knew we were applying under EU1 think it was type of visa we had! He was very nice as well...explained everything in detail.

I was wondering the same thing will they send the passport back with the letter? Also it states on the application form that they may give you a stamp 3? What is that about? Thought it was supposed to be stamp SOLVIT tomorrow...this is not on he can't work for 6 months?

Muttsnuts · Post by **Muttsnuts** » Thu May 26, 2011 12:00 am

ciaramc wrote:Heya we went to Burgh quay and they gave us the application form and explained it to us....at the airport the airport the police man knew we were applying under EU1 think it was type of visa we had! He was very nice as well...explained everything in detail.

I was wondering the same thing will they send the passport back with the letter? Also it states on the application form that they may give you a stamp 3? What is that about? Thought it was supposed to be stamp SOLVIT tomorrow...this is not on he can't work for 6 months?

The procedure is that you make the application (by registered post and keep copies of everything) and send it off withthe documentation to the EU Treaty Rights Section. In about two weeks, you should receive passports back with a letter granting your husband 6 months permission to remain.

They tried to bring in a policy of granting Stamp 3 for those 6 months but this was challenged in the High Court and the Department has put this on hold indefinitely. He will receive Stamp 4.

Muttsnuts · Post by **Muttsnuts** » Thu May 26, 2011 12:04 am

doesnotcompute wrote:Hi,

Like ciaramc, I am also an Irish citizen excercising my Treaty Rights abroad, and I will be returning to Ireland with my non-EU spouse in less than 3 months. I would be very interested to know how you get on, ciaramc.

What I'd like to know is - when my wife sends the EU1 application (along with her passport, etc), do the Treaty Rights section send her passport back to her, when they send the letter that tells her when/how/where to apply for her temporary immigration stamp? I presume they do, I just want to get things clear in my head, as the info is hard to come by.

Also, when we arrive at the airport, do we have to explicitly tell the Garda that we plan to use the Surrinder Singh route? Do we have to mention anything about Treaty Rights, or is it that likely to affect his/her decision as to how many days to give my spouse on her entry stamp?

Does your spouse have an EU Residency card for the country you are currently residing in? If so then both of you will be able to enter the State without any visa or trouble and your spouse should be granted 90 days. No need to mention anything about Surinder SIngh which the GNIB Garda wouldn't have a clue about anyway!

The temporary immigration stamp is obtained at your local GNIB office (Burgh Quay if you're in DUblin) on production of your passports, marriage cert and the relevant letter from the INIS granting the 6 motnhs permission. Passports and other documents are returned with this letter.

doesnotcompute · Post by **doesnotcompute** » Thu May 26, 2011 9:49 am

Muttsnuts wrote:
doesnotcompute wrote:Hi,

Like ciaramc, I am also an Irish citizen excercising my Treaty Rights abroad, and I will be returning to Ireland with my non-EU spouse in less than 3 months. I would be very interested to know how you get on, ciaramc.

What I'd like to know is - when my wife sends the EU1 application (along with her passport, etc), do the Treaty Rights section send her passport back to her, when they send the letter that tells her when/how/where to apply for her temporary immigration stamp? I presume they do, I just want to get things clear in my head, as the info is hard to come by.

Also, when we arrive at the airport, do we have to explicitly tell the Garda that we plan to use the Surrinder Singh route? Do we have to mention anything about Treaty Rights, or is it that likely to affect his/her decision as to how many days to give my spouse on her entry stamp?
Does your spouse have an EU Residency card for the country you are currently residing in? If so then both of you will be able to enter the State without any visa or trouble and your spouse should be granted 90 days.

Really? Didn't think the immigration officers at the airport would have a clue about EU Residency Cards from other member states, either. From what I've heard, you can't travel to Ireland on a EU Residency Card from another member state. The reason being is that the Dept of Justice insist on you getting a seperate visa for Ireland. I know this is against the spirit of European integration, but that's the way it goes!

ImmigrationLawyer · Post by **ImmigrationLawyer** » Thu May 26, 2011 10:45 am

You are meant to be able to travel Visa Free with the EU Fam card and original Marriage Cert but I understand even the EU recommends you get a Visa to ensure smooth transit through the ariport, as immigration officers may unlawfully refuse or cause you delays while they check out the law.

Muttsnuts · Post by **Muttsnuts** » Thu May 26, 2011 11:29 am

ImmigrationLawyer wrote:You are meant to be able to travel Visa Free with the EU Fam card and original Marriage Cert but I understand even the EU recommends you get a Visa to ensure smooth transit through the ariport, as immigration officers may unlawfully refuse or cause you delays while they check out the law.

Last month saw the introduction of SI 146/2011 which, from the 25th APril 2011, formally removed the requirement for EU residence card holders to have a visa when travelling/joining their spouse. Directive 2004/38 always said that there was no visa required but Ireland nevertheless insisted on a visa. This is not the case anymore.

Section 3 of SI 146/2011 states the following:

3. It is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(c) non-nationals who are family members of a Union citizen and holders of a document called â€œResidence card of a family member of a Union citizenâ€

ImmigrationLawyer · Post by **ImmigrationLawyer** » Thu May 26, 2011 12:22 pm

thanks that's useful to know.

ciaramc · Post by **ciaramc** » Fri May 27, 2011 12:11 am

Applied today will let you know how i get on!

ciaramc · Post by **ciaramc** » Wed Jun 08, 2011 10:27 pm

Ok so we applied and received a letter today from the EU treaty rights section.......NO passports still - they asked for more documents....and also stated on the letter that they are considering his application under ZAMBRANO - which is not what we applied for so we are a bit lost! We thought we were applying as spouse of EU citizen that has exercised treaty rights??? Has anyone any idea?

ciaramc · Post by **ciaramc** » Thu Jun 09, 2011 1:44 pm

Any one? WE hadn't applied under Zambrano...now it seems they are processing it under Zambrano? Should I inform them that my self and hubby have lived in another EU country exercising treaty right etc....I already sent our Italian residence permits? We thought he would get passport back with letter for temp staff 4 >? Under Zambrano are they giving out temp stamp 4?? Anyone know?
We submitted the eU1 form and clearly stated he was applying as spouse of Irish national that has exercised treaty rights?

Also they want proof of my daughters residence in Ireland I mean we sent her original passport with ours she lives with us...what am I spposed to send? And proof of my husbands residence? We don't have much as we only arrived a month ago we have a letter from TV company stating we are new customers and our car insurance which has our address on it...as it is my family home so most things are in my fathers name?

koded · Post by **koded** » Thu Jun 09, 2011 11:31 pm

I think it depends on you to know which process you will choose. I remembered when I submitted my application for residence card they mistakenly thought that we had our marriage in an embassy and they suggested that they will be processing my application as a partner not married couple. I sent a letter to them that I donâ€™t want to process my application as a partner of Eu citizen.
I think in your case it is because you did submit any documents that prove you are exercising your right here as EU citizen. And being Irish with a child together they suggested you should apply under Zambrano.
The proof of your child residence in the state was also because they want to process your application under Zambrano. And all you need for that is to get a letter from your child GP or school stating that your child is registered with them.

ciaramc · Post by **ciaramc** » Thu Jun 09, 2011 11:35 pm

Thanks,

But I did submit documents supporting our application, I sent my husband valid Italian resident permit and my permit for Italy - where we were married and have lived for years also Italian marriage license and Italian birth cert from Italy.

I'm writing a letter to tell them we are applying as a spouse as an EU citizen and not under Zambrano.

koded · Post by **koded** » Fri Jun 10, 2011 12:04 am

Yes, you should send a letter to them informing, that you donâ€™t want to apply under Zambrano but you must submit documents as a proof that you are exercising treaty right in the state. If not included I doubt they will issue your husband with temporary Stamp 4. They will request for additional documents.
Of course, if you want to go ahead to apply under zambrano, I think the only different will be that your husband will require re-entry visa if he want to re-enter Ireland. And maybe the length of the visa may not be 5 years as well.
I am just thinking if you think it may take you time before you find job and you donâ€™t your husband has chance of finding job so soon then you may go ahead with zambrano, I donâ€™t think it takes up to 6 months for processing.

ciaramc · Post by **ciaramc** » Fri Jun 10, 2011 9:19 am

I don't really think Zambrano applys to us - we have been exercising treaty rights in Italy and sent our residence cards as proof...what exactly would they want as proof of exercising treaty rights? I have payslips from Italy and as I said I already sent our residence cards?

I understand that my husband can apply under Zambrano but it is really at the discretion of the minister and as it is quite new it is very unclear?

When you say I have to prove I've been exercising treaty rights do you mean in Ireland? As stated in the directive I have up to 6 months to exercise my rights? We are only in Ireland 1 month.

Ben · Post by **Ben** » Fri Jun 10, 2011 9:22 am

Hi Ciara,

I think if I were you I'd just send a letter clarifying that your husband's application is to be processed in accordance with the ECJ ruling on Singh, not on Zambrano.

Should be straightforward enough.

koded · Post by **koded** » Fri Jun 10, 2011 11:02 am

I mean exercising treaty rights in Ireland. I think you have 6 months but I donâ€™t think this apply to you as you are Irish citizen so I donâ€™t think anyone will want you or your husband to leave the country. However, I think it is still required that you should be working, studying, or self-sufficient before you husband may be issued with residence card.
I think you send letter that you are not apply understand Zambrano judgements and then wait for their response.

ciaramc · Post by **ciaramc** » Fri Jun 10, 2011 11:48 am

Thanks! Have a rather long letter typed up shall be send off today with some additional documents.

agniukas · Post by **agniukas** » Fri Jun 10, 2011 5:09 pm

you can also just go to your local immigration officer and get your spouse stamp 4 as a spouse of irish national with the minimum of documentation needed and it would be the quickest option. he would probably get a 5 year stamp 4. the only difference is that he will require re entry visa, which could probably be given to him for a 5 year period as well (same as permission date) and free of charge...
it's for you to decide, if EU treaty rights is worth the trouble...

Ben · Post by **Ben** » Fri Jun 10, 2011 5:21 pm

agniukas wrote:you can also just go to your local immigration officer and get your spouse stamp 4 as a spouse of irish national with the minimum of documentation needed and it would be the quickest option.

Is this possible where the spouse is a visa-required national?

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Applying under EU1 - Question

Applying under EU1 - Question