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It does seems to me that, you have been twisted per the right to registration, accordingly, under the immigration registration clause act, your husband has a mandamus right to register his presence in the state without any decline.IntlFamilyAbroad wrote:I wrote before about our trouble registering with the GNIB. I am an Eu citizen married to a non-EEA citizen. Before cmoing to Ireland, my husband received a Type D spouse visa for 7 months (the length of our stay in Ireland). On arrival at the airport, my husband's passport was only stamped for one month, and we were told to go register at the GNIB. We went down there and were told we had to submit an EU1 Fam application, which we did the same day.
Yesterday we got the application back asking for an apostilled copy of our US marriage certificate. My husband went back to the INIS office and they still wouldn't give him the Stamp 4, saying the application needed to be approved first.
So the problem is, my husband's permission to stay will now expire in two weeks. To get our marriage certificate apostilled, we need to actually send it to the US, have it done there, and get it sent back. I think this is a ridiculous request, and almost impossible for us to get the document apostilled, sent to Ireland, mailed to the Department of Justice, AND get the response from the DOJ before my husband's entry visa expires. I feel llike we are really just being jerked around and I am tired of it. It will all be a huge expense to us, and an even bigger expense if I have to buy a last minute ticket to the US in two weeks for my husband and two children.
Do I have any recourse with INIS?
I think you need to check the registration rule at the INIS website, we don't just advice we know it.dalebutt wrote:I could only tell you giving the circumstance of this and inline with the directive your husband is still legal even when his visa exprires as far as you both are living together under same roof . about the apostle i really do not have explicit knowledge about it so i would say to wait for experienced members to advise you
Maybe you should get a copy of the directive. its not about whats on INIS website its about the Directive the Goverment of Ireland signed into. Non EEA spouses of EU citizen cant be illegal under the Directive 2004/38/EC they could however be fined if they refused to apply for residence card. in her case she is doing everyting she could to apply for residence card its the GNIB thats breaking the rules of registration so i dont know what you on about matemudamus wrote:I think you need to check the registration rule at the INIS website, we don't just advice we know it.dalebutt wrote:I could only tell you giving the circumstance of this and inline with the directive your husband is still legal even when his visa exprires as far as you both are living together under same roof . about the apostle i really do not have explicit knowledge about it so i would say to wait for experienced members to advise you
Whatever those words mean i really do not know and care to know. I think the OP is worried about the legality of her husbands permission in the state after the 1 month visa expires before they could get the apostilled donemudamus wrote:I am not saying i am ignorantia juris non excusat on their fundamental rights in residency, but the subject matter is GNIB registration, not the European treaty, regulation, directive, decision, or case law in lacuna per pillar.
Now can i ask you another question did your husband paid for a printed GNIB form given by the local garda immigration officer ?IntlFamilyAbroad wrote:I wrote before about our trouble registering with the GNIB. I am an Eu citizen married to a non-EEA citizen. Before cmoing to Ireland, my husband received a Type D spouse visa for 7 months (the length of our stay in Ireland). On arrival at the airport, my husband's passport was only stamped for one month, and we were told to go register at the GNIB. We went down there and were told we had to submit an EU1 Fam application, which we did the same day.
Yesterday we got the application back asking for an apostilled copy of our US marriage certificate. My husband went back to the INIS office and they still wouldn't give him the Stamp 4, saying the application needed to be approved first.
So the problem is, my husband's permission to stay will now expire in two weeks. To get our marriage certificate apostilled, we need to actually send it to the US, have it done there, and get it sent back. I think this is a ridiculous request, and almost impossible for us to get the document apostilled, sent to Ireland, mailed to the Department of Justice, AND get the response from the DOJ before my husband's entry visa expires. I feel llike we are really just being jerked around and I am tired of it. It will all be a huge expense to us, and an even bigger expense if I have to buy a last minute ticket to the US in two weeks for my husband and two children.
Do I have any recourse with INIS?
Go get it then at the embassy to state your case ?walrusgumble wrote:its the dept of justice and not the gnib who assesses these things.gnib have no power until the dept give the go ahead.you might not have provided all the documents needed ie certified marriage cert so you wont get the mandamus order.but all you need to show is that you are in a durable relationship of 3 years as an alternative. what other documents have you produced? conact your embassy regarding cert.why is it a ridiculous requests?you did not marry in the eu.most people who do their research befoe coming would not have such problems!you are refusing to comply with correct advice hence your delay. provide other evidence of relationship