EEA Residence card delay

EUspouse82 · Post by **EUspouse82** » Tue Oct 30, 2012 9:03 pm

Hi Folks,

What is the procedure of dealing with delay of INIS issuing residence permit for spouses of EU nationals? A friend of mine applied as the spouse of an EU national six months ago and the application period expired last week. She has sent a letter to them 3 weeks ago providing all the payslips of her husband's meployment for the last 10 months and they didnt reply to her.

I advised her to ring them but unfortunately, they only communicate to EU family applicants via e-mail- she has 4 e-mails with no response.

What would ye advise her to do to speed up the decison making process?

Thanks

zafarzafar80 · Post by **zafarzafar80** » Wed Oct 31, 2012 1:28 pm

What form your friend have submitted ? EU1 OR EU3 ?

EUspouse82 · Post by **EUspouse82** » Wed Oct 31, 2012 5:02 pm

zafarzafar80 wrote:What form your friend have submitted ? EU1 OR EU3 ?

She is applying for a resident permit as the Non EU spouse of an EN National, I think that is the. Eu 2 if am not mistaken.

jeupsy · Post by **jeupsy** » Wed Oct 31, 2012 5:57 pm

EUspouse82 wrote:
zafarzafar80 wrote:What form your friend have submitted ? EU1 OR EU3 ?
She is applying for a resident permit as the Non EU spouse of an EN National, I think that is the. Eu 2 if am not mistaken.

For sure it is not EU2 - that one is for EU citizens to apply for permanent residence card (I actually don't understand the point of this).

If she is applying for the first time, it should be EU1 (EU3 is for permanent residence after having already spend 5 years in Irleand).

In thereory they are obliged to answer within 6 months, but unfortunatly it is probaby very difficult to pressure them if they are late :-s

It is strange they are not replying emaisl though, whenever I emailed them they always replied within 2 days. Did your friend youse the specific address for the EU treaty rights team: eutreatyrights@justice.ie

EUspouse82 · Post by **EUspouse82** » Wed Oct 31, 2012 9:42 pm

jeupsy wrote:
EUspouse82 wrote:
zafarzafar80 wrote:What form your friend have submitted ? EU1 OR EU3 ?
She is applying for a resident permit as the Non EU spouse of an EN National, I think that is the. Eu 2 if am not mistaken.
For sure it is not EU2 - that one is for EU citizens to apply for permanent residence card (I actually don't understand the point of this).

If she is applying for the first time, it should be EU1 (EU3 is for permanent residence after having already spend 5 years in Irleand).

In thereory they are obliged to answer within 6 months, but unfortunatly it is probaby very difficult to pressure them if they are late :-s

It is strange they are not replying emaisl though, whenever I emailed them they always replied within 2 days. Did your friend youse the specific address for the EU treaty rights team: eutreatyrights@justice.ie

Apologies. Its the EU1 card she applied for and it has exceeded the six months application period.

When you say they are obliged to make a decision within the six months, it sounds as if it is obligatory but the Directive expressly states it is mandatory that they issue a residence card in 6 months.

She mailed the exact email you quoted and no response yet which is the most frustrating part.

jeupsy · Post by **jeupsy** » Thu Nov 01, 2012 9:18 am

Argh ... really sorry for your friend :-s

Sorry I don't have any good suggstion ...

One thing though: they should have issued a temporary 6 month Stamp 4 once they acknoledged receiving the application (and actually the exact expiry date for that Stamp 4 is supposed to be their deadline to provide your friend with an answer). At least maybe your friend can try to email them again and ask them to issue another 6 months Stamp 4; it would at least make her legal here while she is waiting if she is not visa exempt for Ireland; and let her continue employement if she is working.

EUspouse82 · Post by **EUspouse82** » Thu Nov 01, 2012 8:08 pm

jeupsy wrote:Argh ... really sorry for your friend :-s

Sorry I don't have any good suggstion ...

One thing though: they should have issued a temporary 6 month Stamp 4 once they acknoledged receiving the application (and actually the exact expiry date for that Stamp 4 is supposed to be their deadline to provide your friend with an answer). At least maybe your friend can try to email them again and ask them to issue another 6 months Stamp 4; it would at least make her legal here while she is waiting if she is not visa exempt for Ireland; and let her continue employement if she is working.

Thanks for your suggestions and input. The bolded above is factually incorrect, the deadline for a decision to be made is exactly 6 months from application under article 10 of the Directive. If INIS will not tolerate people overstaying their visas or staying illegally in the country, they should also make sure they respect the Directive they signed to.

I advised her to involve Solvit and they contacted INIS on her behalf, and alas Immigration e-mailed her yesterday for the first time explaining that she will receive a decision by tomorrow.

jeupsy · Post by **jeupsy** » Fri Nov 02, 2012 8:55 am

EUspouse82 wrote: The bolded above is factually incorrect, the deadline for a decision to be made is exactly 6 months from application under article 10 of the Directive. If INIS will not tolerate people overstaying their visas or staying illegally in the country, they should also make sure they respect the Directive they signed to.

Actually I was saying that based on personal experience with my non EU partner's application for a residence card.
They issued her a temporary Stamp 4 expiring exactly 6 months after the day they received her EUTR application - so they clearly intended to synchronise the stamp 4 expiry date with their deadline to provide an answer to the application.
But maybe this is not always the way it works ... this is my only experience

Anyway - yes it is a bit of a joke if they can't provide an answer before the 6 months :-s All the best and let us know how it goes.

EUspouse82 · Post by **EUspouse82** » Fri Nov 02, 2012 9:36 pm

jeupsy wrote:
EUspouse82 wrote: The bolded above is factually incorrect, the deadline for a decision to be made is exactly 6 months from application under article 10 of the Directive. If INIS will not tolerate people overstaying their visas or staying illegally in the country, they should also make sure they respect the Directive they signed to.
Actually I was saying that based on personal experience with my non EU partner's application for a residence card.
They issued her a temporary Stamp 4 expiring exactly 6 months after the day they received her EUTR application - so they clearly intended to synchronise the stamp 4 expiry date with their deadline to provide an answer to the application.
But maybe this is not always the way it works ... this is my only experience

Anyway - yes it is a bit of a joke if they can't provide an answer before the 6 months :-s All the best and let us know how it goes.

Thanks.

She got her residence permit for five years today - deservedly I would say.

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EEA Residence card delay

EEA Residence card delay