EU1 late

rezzo82 · Post by **rezzo82** » Thu Nov 29, 2012 10:40 pm

Hi there,
I'm from eu and my partner no.. we applied for her residence card.
We sent:
-Cover letter
-My contract
-2 payslips
-2 reference letter from my director and owner of the comany
-p60
-Both pps number
-Rentbook
-upc bill with both names
-prove of relationship since 2009(email,check in of trip toghter ecc ecc)
-pictures
-original passports
More or less after a month we got a letter, some pictures and document back.
They diden't ask for any supporting documentation!
the next day we went in the immigration office and she got the stamp 4 till the 16/01/13.

I'm manager of a restaurant and with all document i sent 2 reference letters one from who owns the company and the other from the director.
Till now they diden't contact them or the company for check if i'm working there...
What do u think? is normal? they are going to contact close the end of the stamp 4?
I hope everything will be ok!

Thanks a mill

Ben · Post by **Ben** » Fri Nov 30, 2012 5:38 pm

How late is the application? When was it submitted?

rezzo82 · Post by **rezzo82** » Fri Nov 30, 2012 6:33 pm

Actually Iapplied the 12 july 2012...so the end is the 12/01/2013...
But I'm a bit worried...
My company will close as well 10 days for christmas...
Should i let them know about this?

Thanks

Ben · Post by **Ben** » Fri Nov 30, 2012 6:36 pm

It's not late then. They've only had it four and a half months. Expect a decision a day or two before 12/01.

rezzo82 · Post by **rezzo82** » Fri Nov 30, 2012 7:17 pm

Ben wrote:It's not late then. They've only had it four and a half months. Expect a decision a day or two before 12/01.

and if they refuse it?
My gf has to come back strightaway?

Ben · Post by **Ben** » Fri Nov 30, 2012 7:20 pm

Come back? Where is she now?

agniukas · Post by **agniukas** » Fri Nov 30, 2012 7:23 pm

the decision will be issued very close to january 12. The employment will be checked straight before the decision.
If you wish, you can send in a letter from the agency/landlord and PRTB letters.
that way you will get them to check through your file again in case there is anything missing.
are you applying as partners? did you submit enough evidence of relationship for 2 years like joint utility bills, bank statements, etc.?

rezzo82 · Post by **rezzo82** » Fri Nov 30, 2012 7:38 pm

she s living here...about 2 years!she had student visa..
I sent a lot of evidence...we don't have banck account toghter but bills the rent book a lot of email,flight ticket toghter ecc ecc
I'm applying as partner and i think i 'can't ge the PRTB letter.
They diden't ask me anything when they sent me back the passport and all the pictures...

rezzo82 · Post by **rezzo82** » Fri Nov 30, 2012 7:39 pm

Ben wrote:Come back? Where is she now?

sorry i meant go back...

rezzo82 · Post by **rezzo82** » Sat Dec 01, 2012 7:32 pm

Do You think ia a problem with out the PRTB letter?

agniukas · Post by **agniukas** » Sat Dec 01, 2012 8:26 pm

if you can get it, send it. if not, there is nothing you can do

rezzo82 · Post by **rezzo82** » Sat Dec 01, 2012 8:54 pm

agniukas wrote:if you can get it, send it. if not, there is nothing you can do

I'll ask my landlord...
And maybe i'll ask him a letter to send to the office..
How you said like this they gonna check again my file...
But You know what happen if they gonna refuse it?

agniukas · Post by **agniukas** » Sat Dec 01, 2012 10:16 pm

if the application is refused, then you can make an appeal/review.

rezzo82 · Post by **rezzo82** » Sat Dec 01, 2012 10:24 pm

agniukas wrote:if the application is refused, then you can make an appeal/review.

and if i do that...she will get another stamp?

agniukas · Post by **agniukas** » Sat Dec 01, 2012 10:53 pm

i am not sure about that.

rezzo82 · Post by **rezzo82** » Sat Dec 01, 2012 11:06 pm

I hope so!
thanks a mill agniukas

rezzo82 · Post by **rezzo82** » Wed Jan 02, 2013 10:49 pm

Hi there,
just for update the post.
10 days to go and nothing....
I sent an email asking news but they didn't reply yet.
Next week i'll go in the office and ask them what I have to do.
My girlfriend doesn't want to stay here illegally after the 12/01

jerzy · Post by **jerzy** » Thu Jan 03, 2013 9:43 am

They are late sometimes unfortunately (I had such case with my wife). Even when they're not, they send the letter in last days before Stamp 4 expiries - so your situation is totally "normal".

The second thing is that if these regulations apply to your girlfriend, Stamp 4EUFAM does not give the her the residence right, but only proofs that she has it (I know it's almost impossible to convince anyone about it, but Irish authorities admitted that after I complained in SOLVIT).

I don't know how in other parts of Ireland, but in Dublin the only way to contact them is email. Going to the office gives nothing - people there are not responsible for these applications, but only give you a new stamp if stated so in a letter.

jeupsy · Post by **jeupsy** » Thu Jan 03, 2013 3:49 pm

jerzy wrote: The second thing is that if these regulations apply to your girlfriend, Stamp 4EUFAM does not give the her the residence right, but only proofs that she has it (I know it's almost impossible to convince anyone about it, but Irish authorities admitted that after I complained in SOLVIT).

So if I follow you, you are saying that even without the stamp 4EUFAM the person already has the right to freely live and work in Irleand as long as they can provide statisfactory evidence of their relashionship to an EU citizen who is residing in Irleand? And that the stamp is merly a confirmation of that right to make it easier to prove it to immigration autorities, employers, etc?
And in that case even if you don't get the 4EUFAM before the expiration of the temporary stamp 4 you are not illegal as long as the documentation you provided proves that you qualify for EU Treaty Rights?

Indeed it would probably never work to convince a garde or "basic" immigration officer ... but it would still be interesting to know that in that case staying in the country without a valid visa or GNIB card does not constitute illegal behaviour and could not be held against you if it gets escalated at a higher level.

Do I get you right?

rezzo82 · Post by **rezzo82** » Thu Jan 03, 2013 4:12 pm

jerzy wrote:They are late sometimes unfortunately (I had such case with my wife). Even when they're not, they send the letter in last days before Stamp 4 expiries - so your situation is totally "normal".

The second thing is that if these regulations apply to your girlfriend, Stamp 4EUFAM does not give the her the residence right, but only proofs that she has it (I know it's almost impossible to convince anyone about it, but Irish authorities admitted that after I complained in SOLVIT).

I don't know how in other parts of Ireland, but in Dublin the only way to contact them is email. Going to the office gives nothing - people there are not responsible for these applications, but only give you a new stamp if stated so in a letter.

So should my girfriend stay here illegally if they will be late?

agniukas · Post by **agniukas** » Thu Jan 03, 2013 4:36 pm

even if they are late, it would be max by a week. So you shouldn't be worried.

Post by **EUsmileWEallsmile** » Thu Jan 03, 2013 7:33 pm

jeupsy wrote:
jerzy wrote: The second thing is that if these regulations apply to your girlfriend, Stamp 4EUFAM does not give the her the residence right, but only proofs that she has it (I know it's almost impossible to convince anyone about it, but Irish authorities admitted that after I complained in SOLVIT).
So if I follow you, you are saying that even without the stamp 4EUFAM the person already has the right to freely live and work in Irleand as long as they can provide statisfactory evidence of their relashionship to an EU citizen who is residing in Irleand? And that the stamp is merly a confirmation of that right to make it easier to prove it to immigration autorities, employers, etc?
And in that case even if you don't get the 4EUFAM before the expiration of the temporary stamp 4 you are not illegal as long as the documentation you provided proves that you qualify for EU Treaty Rights?

Indeed it would probably never work to convince a garde or "basic" immigration officer ... but it would still be interesting to know that in that case staying in the country without a valid visa or GNIB card does not constitute illegal behaviour and could not be held against you if it gets escalated at a higher level.

Do I get you right?

You are correct and this is a reasonable summary of what the legal situation is.

In the event that a person fails to make an application, they could receive a fine, but that's it. This does not apply of course as an application was made.

rezzo82 · Post by **rezzo82** » Thu Jan 03, 2013 8:45 pm

That's very complicate...
So even if she ll stay here after the stamp 4 is expired technically she won't be illegal??

I sent an email the 21/12/12 no reply yet...
if get refused she has to go back in her country strightway?

agniukas · Post by **agniukas** » Thu Jan 03, 2013 9:03 pm

if she gets refused, she can appeal the decision. that would take another 6 months.

rezzo82 · Post by **rezzo82** » Thu Jan 03, 2013 9:42 pm

Thanks for your help..
We are getting really anxious!!
I can't wait to get this letter....

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EU1 late

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