Directive/2004/38/EC - Ireland - Directions from arrival

[Obie]

INIS are not entitled to ask for various proof. The only thing you have to prove is that you are exercising your treaty rights buy providing contract of employment.

There is no requirement to supply rent books, rental agreements, utility bills pay slips etc etc.

I could be living as a traveler in a caravan. How could I supply proof of home owner/rent book etc etc then?

That is the breach,not Directive 2004/38. I have provided everything in accordance with ECJ Case C-157/03, Com/mission 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).

The directive require proof of residence to be provided or a registeration certificate. As Ireland does not operate a Registeration Certificate system, it could be reasonably concluded that they are within their right to require proof of residence.

However, it could be argued that the number of documents they require is simply too much and burdensome.

Furthermore in light of Decsi & Ors -v- MJELR stamp4 should be issued as a matter of right.

[Ben]

There is no requirement to supply rent books, rental agreements, utility bills Spam confirmed and deposit paid.pay slips etc etc.

Not specifically, no. But you do need to provide some evidence that you are resident in the state.

[andyjohnst]

I provided proof of address with 2 letters from the bank and 1 letter from the revenue. Also, my contract from work states my address.

They also returned the documents to the address which we received? How does this proof different from the additional, not required documents?

[sierra]

HI andy many thanks for posting covering letter cheers

[andyjohnst]

Solvit, on the basis that the Irish authorities have endorsed your wife's passport with a stamp that causes to strip her of her right to work.

However, practically speaking, you've been promised temporary stamp 4 next week, so by the time the Solvit case is opened it will be closed again.

Do you think it is worth opening up anyway? There is not guarantee they will come up with the goods next week. It may also help people in the future.

I mean, if she want to work now, she can't!

[Muttsnuts]

Solvit, on the basis that the Irish authorities have endorsed your wife's passport with a stamp that causes to strip her of her right to work.

However, practically speaking, you've been promised temporary stamp 4 next week, so by the time the Solvit case is opened it will be closed again.

Do you think it is worth opening up anyway? There is not guarantee they will come up with the goods next week. It may also help people in the future.

I mean, if she want to work now, she can't!

I note that you have sent proof of address already to INIS but they asked for other documents.

I would sugest that the most appropriate action would be to wait for the Stamp 4 letter this week and if it does not arrive, issue a new application (NOT an appeal as they tend to take ages with appeals) with further proof of residence (for both of you). One thing that the INIS often specifically request is PRTB Registration letter presuming you are renting property. Also, your rent book, copy of your lease, utility bills are considered proof.

Bear in mind that the woman you speak to could just as easily have been fobbing you off to get rid of you. You have not gotten what you want until the letter granting stamp 4 is in your hand.

[Ben]

Solvit, on the basis that the Irish authorities have endorsed your wife's passport with a stamp that causes to strip her of her right to work.

However, practically speaking, you've been promised temporary stamp 4 next week, so by the time the Solvit case is opened it will be closed again.

Do you think it is worth opening up anyway? There is not guarantee they will come up with the goods next week. It may also help people in the future.

I doubt it. Solvit are slow and not exactly authoritive. If you do decide to raise it though, make clear that the reason for your complaint is that the INIS have endorsed your wife's passport with a stamp that states she is prohibited from working in the state, even though it has been shown to them that your wife is a non-EEA national family member of an EEA national who is resident and pursuing economic activity in Ireland. The lack of "temporary stamp 4" is not really basis for complaint, so I'd personally leave that out.

I mean, if she want to work now, she can't!

She absolutely can. The law says so, regardless of passport endorsement. Granted, employers may not like to employ her though without seeing evidence (from the INIS / GNIB) that she's entitled to work.

[sierra]

so how to fill the online visa form where employement details are required for non eu spouse shall these left blank or what .
like employment details . adderss of employer . time in employment etc

no 2 Contact details for Contact / Host in Ireland.
If you have no personal contact/host please give accommodation name and address

Children Details
How many dependant children do you have?
Please provide the details of any dependant children.
Child 1
Surname:
Forename:
Date Of Birth:
Gender:
Nationality:
Is this child travelling with you?
If yes, on applicant's passport?
we got a kid as well but he already got british passport so do we still need to put his details or just skip it as its not necessary he does not need a visa thanks in advance

[Ben]

Anything that's not relevant or not required under the Directive can be ignored / left blank. Your British citizen child does not need an entry visa for Ireland.

[sierra]

many thanks ben andy ans all this ho replied me