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Should be fine with these.andyjohnst wrote: Will her application be ok with the following documents:
Signed contract, 1 year of employment;
My proof of address from the bank/Irish Revenue;
Original English marriage certificate;
Non-EU Spouse's passport;
My UK passport
The Irish tend to ask for more, but I think you can gently push back.30 Those conditions [for a Residence Card] are exhaustive in nature (see, to that effect, Case 48/75 Royer [1976] ECR 497, paragraph 37; Case C-363/89 Roux [1991] ECR I-273, paragraphs 14 and 15; and Case C-376/89 Giagounidis [1991] ECR I-1069, paragraph 21).
It depends on the relationship.andyjohnst wrote:Quick question Directive/2004/38/EC, I don't know if you would be able to help. My Mother-in-law who is a non-eu national would I be able to use this directive for her to visit me and my wife once my non-eu wife get's her residence permit?
Hopefully, they will actually read it and proceed accordingly. I would envisage that they will sent requests for the additional documents anyway.This letter is to be taken into consideration with my wife’s application for a Residence Card.
I, ****, a UK citizen (passport number ****) arrived in Ireland on 2 December 2011, with my wife **** (passport number ****) a Azerbaijani citizen. Since then, I have gained employment in state, working for ***** in Dublin 4. I commenced my contract on 20 December 2011. Therefore, I am currently exercising my EU Treaty Rights, under EU Directive 2004/38/EC.
We have enclosed my UK passport, my wife’s Azerbaijani passport, our UK marriage certificate, 2 x passport photo’s for both myself and my wife, my offer of employment, along with signed employment contract, proof of address from the Permanent TSB bank and the Department of Social Protection Client Identity Services.
With regards to the documents provided, ECJ Case C-157/03, Commission v Spain [2005] states that the documents we have provided fall in line with the documents required as laid down in Article 4(3)(c), (d) and (e) of Directive 68/360, Article 6 of Directive 73/148 and Article 2 of Directive 90/365. Those conditions [for a Residence Card] are exhaustive in nature (see, to that effect, Case 48/75 Royer [1976] ECR 497, paragraph 37; Case C-363/89 Roux [1991] ECR I-273, paragraphs 14 and 15; and Case C-376/89 Giagounidis [1991] ECR I-1069, paragraph 21).
At this moment in time, we are unable to provide certain documents which you have asked for in the application for the following reasons:
Evidence of residence in the state
As we have only just moved to the state, we are currently residing with friends, at the address above (****). Once I have received my first wage, on 27 January 2012, we will then be in a position to obtain rental accommodation. At this point, we will then forward on the required documents (i.e. letter from landlord/agency, rent contract or rent book) Included now are a letter from the revenue confirming my PPS number and also a letter from Permanent TSB bank confirming the opening of my bank account.
Evidence of current activity of the EU citizen in the state
Enclosed in the documents is my contract of employment with **** Limited, dated 19 December 2011. As my employment started on 20 December 2011 and the company make salary payments on the last Friday of every month, my first payment of salary will be on the 27 January 2012 with the next salary payment on 24 February 2012. Therefore, once I received my payslips from ***** Limited on or around the 27 January 2012 and 24 February 2012, respectively, I will forward them onto you to be attached with the documents you already hold. As this is my first employment in the state I do not hold a recent P60 to supply to you. With regards to Tax Credits Certificate, I have also sent the 12A form of (Application for a Certificate of Tax Credits and Standard Rate Cut-Off Point) to the Revenue on 21 December 2011 and I currently waiting to receive my certificate. Again, once I receive this, I will forward onto you to accompany my wife’s application for a Residence Card.
If you have any further questions or queries with regards to this, please do not hesitate to contact me and I will do my best to resolve such queries.
Good luck with your application and let me know who you get on or if I can help anymore.To whom it may concern:
Application Transaction Number: {your application number}
Application for visit visa: {wife’s name};{wife’s DOB}; Passport number: {wife’s passport number}
My name is {wife’s name}. I am applying for a visa to visit The Republic Of Ireland and the visa should be issued on the basis of Directive 2004/38/EC. I will be travelling to Ireland with my husband from {your location{, to visit friends in Dublin and Ballina. My husband is also taking me for my birthday to visit the beautiful country.
From Directive 2004/38/EC, I quote from Article 5.1 and 5.2 (Right of Entry),
1) Without prejudice to the provisions on travel documents applicable to national border controls, Member States shall grant Union citizens leave to enter their territory with a valid identity card or passport and shall grant family members who are not nationals of a Member State leave to enter their territory with a valid passport.
No entry visa or equivalent formality may be imposed on Union citizens.
2) Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.
I am a direct family member of my husband, {your name}. {your name} is a citizen of the United Kingdom and his passport number is {your passport number}.
Enclosed is a copy of my husbands’ passport, who is currently on holiday in {your location , if you’re there} with me. Also enclosed is a copy of his current Visa to {location} which is proof that he is still in the country and intends to travel with me to Ireland, once I have been issued the said visa. I have also enclosed our original marriage certificate which took place on the {date of wedding} in {location}. We were married in UK so if you were not married in UK you will need to get a notarized copy to say it is genuine}.
Thank you for your time and I look forward to receiving my visa.
Yours faithfully,
To be honest, you went about that all wrong. You should have supplied the documents as requested rather than going in and causing a scene. The INIS are entitled to request various proofs for an EU FAM stamp.andyjohnst wrote:Got a letter in the post from EU treaty section. Acknowledging the application, sending back the original documents we sent to them and asking for the 2XPayslips and stuff about renting and utility bills etc etc. Saying once we send these in they will proceed with the application. No mention of coming to get the stamp 4 in her passport.
Tried calling them. IMPOSSIBLE! Don't bother. The correct option just tells you to email. I did that anyway. They spelt my name wrong 6 times on the letter and got the wrong date for our wedding and might I say a completely different day.
Her visa "expires" on 15 January 2012, because the idiot on the immigration desk at airport only stamped for 1.5 months, so this needed sorting today!
So off we went, with my head was up my arse, to the GNIB office in Dublin 2. Queued up. First guy useless. "need to resubmit application with the additional docs" He didn't know what he was talking about. Few tooing and throwing he finally admitted he was wrong and he just gives out the stamps....Anyway long story short. Left him to try someone else. FYI - he was probably the fattest guy that works there if you happen to go in, avoid him. He is useless!
I went to the reception/security and asked to speak to EU treaty rights section. Told not a public office and they don't speak to anyone. Call them or write into them. Explained situation. Still same answer. I asked for him to call them, he wouldn't. I demanded he said, and I quote "I'm fcuking sick of this" and tried to ring them. No joy - he walked off and another bloke came. He was fairly useless too. More arguing.
I wasn't going until I spoke with someone from EU treaty. 30 mins later he threatens me with he will get the guarda if I don't leave. I said go get them. Anyway, he came outside, took my letter and went off again. 10 mins later comes back and says come back at 1500 and someone will see you.
Came back at 1445 and the women didn't come down till 1535 to see us. She was fairly stupid too. The point she was trying to make didn't really make sense. Saying something like she wasn't sure if my wife was in Ireland or something. She said I can see she is here now so will give the stamp 4. She couldn't give today, for what reason, I don't know. So she "extended" the visit visa until 2 March 2012 and said we will get a letter next week to come get the stamp 4. Then we put the rest of the docs in and she will get RC.
Sort of got what I wanted out of it. I was going to argue saying these doc aren't required but I was tired of fighting at this point and I had to get back to work (at this point I had already had a 3 hour dinner :evil:
So waiting for the letter to come now so she can get the stamp 4 in her passport.
I must say, I am disgusted with how they operate at this section. Disgusted at the letter which is a breach of the directive with regards to documents required. How they did not read my letter, incorrectly spelt names and personal information. The incompetent staff that work there.
I would like to take it further about these additional documents. Also, is it 6 months from the point they acknowledge the application to when they have to give an answer?
Do you think I can contact solvit about this?