eu3 refusal

farzi · Post by **farzi** » Thu Nov 22, 2012 3:41 pm

hi guys , my eu3 refused , i going to apply eu4 review application , is anyone know how long eu4 review process , and do i will get temprery stamp during my eu4 application finalized , pls urgent reply , thanks.

zafarzafar80 · Post by **zafarzafar80** » Thu Nov 22, 2012 5:17 pm

Hi Sorry to hear about ur refusal, Yes, once you apply for review on EU4 form, you would get a temporary stamp again. Could you please share your experience ?

How long did DOJ took on processing your EU3 application ?

Are you divorced or seperated ?

What is the reason of your refusal ?

Please answer the above questions might be some one or myself can advise you some thing better.

farzi · Post by **farzi** » Thu Nov 22, 2012 5:41 pm

thanks for reply , DOJ took five months and two weeks , i m seperated,
my wife did't work last five years , can u pls tell me eu4 how long appeal process time ? thanks

zafarzafar80 · Post by **zafarzafar80** » Thu Nov 22, 2012 8:28 pm

Hi Farazi,

The EU4 review application is a new thing, and very few people have got their replies yet. One of the guy i know, DOJ gave him 3 and half months temporary visa after EU3 refusal. So it means DOJ would take about the same length of time.

I would advise to submit the EU4 application ASAP as i think you would have 15 days to appeal their decision. You could retain your residence card if you get divorce from ur wife. Could you please send me the exact refusal wording of your refusal letter ?

Ben · Post by **Ben** » Thu Nov 22, 2012 10:46 pm

zafarzafar80 wrote:You could retain your residence card if you get divorce from ur wife.

Only if the wife has been resident in Ireland in conformity with European law for at least the past three years. And it sounds like she hasn't been.

Post by **Obie** » Fri Nov 23, 2012 7:52 am

Ben wrote:
zafarzafar80 wrote:You could retain your residence card if you get divorce from ur wife.
Only if the wife has been resident in Ireland in conformity with European law for at least the past three years. And it sounds like she hasn't been.

Well EU law does not say so, and i would be rather surprised if Irish law does.

The requirement seems to be a marriage that has lasted for 3 years, including at least a year spent in the host memberstate. Nothing about treaty right. Although it is suggested that the person will need to show that at time of divorce, the eu national was exercising treaty rights, as someone cannot retain something they dont have.

Missus · Post by **Missus** » Tue Dec 11, 2012 2:01 pm

Hi, Just referring to the query above - I'm in a similar situation. I mean my husband is. Here are a few facts about our siuation - I'm EU citizen, recently naturalised Irish. My hsuband is non-EU, on stamp 4 as a spouse of a EU citizen since late 2005. Married in 2005 outside Ireland. Had a child in 2007. Separated in 2009. We haven't seek the divorce yet as we are not sure of that yet. In other words, there is a chance in the future that we might want to give it a try again. Neither of us have had a 'new' family since. My husband's 5-year-visa exipres in a few days. He is only now putting together the application for EU3. When filling out the form we have to be honest about the situation. What are the chances that he will be granted a visa? I still want him to be in our lives.

Also, will a different set of rules apply to me as a EU citizen rather than an Irish citizen?

I would be grateful if you could share your knowledge and experience on the subject.
Thanks!

Post by **Obie** » Tue Dec 11, 2012 4:16 pm

Provided you are not divorced, your husband will qualify for Permanent Residence. I hope you still hold your previous Citizenship.

Being separated does not cause one to loose their EEA status. Only divorce can

Missus · Post by **Missus** » Tue Dec 11, 2012 4:35 pm

Hi, Thanks for your reply. I have a dual citizenship now. Does it matter in this case? 'I hope you still hold your previous Citizenship.' Why is that? It sounds ominous

Thanks!

Post by **Obie** » Tue Dec 11, 2012 5:34 pm

Well you certainly don't want the Irish Authority to strangely say you are no longer an EU citizen for the purpose of EU law, although it can be argued that PR under EU law cannot be revoked because someone obtained the nationality of the memberstate.

agniukas · Post by **agniukas** » Tue Dec 11, 2012 6:34 pm

Missus, the question is, are you exercising your EU Treaty Rights?

euspouse07 · Post by **euspouse07** » Tue Jan 08, 2013 1:22 pm

Obie wrote:Provided you are not divorced, your husband will qualify for Permanent Residence. I hope you still hold your previous Citizenship.

Being separated does not cause one to loose their EEA status. Only divorce can

Hi Obie.. as u mentioned above that being separated does not cause one to loose their EEA status.Could you please give any reference from directive or any judgement as on the EU form 3 ; it is ambiguous and without any hesitation officials at DOJ are using this an excuse to refuse people.
If we look at martial status as separated; the directive is mute.i have first hand experience of being refuse on this.

Brigid from Ireland · Post by **Brigid from Ireland** » Tue Jan 08, 2013 9:22 pm

If your child is an EU citizen the father can also apply to stay in Ireland on the grounds that his EU child needs him to be in Ireland.

euspouse07 · Post by **euspouse07** » Fri Jan 11, 2013 11:48 am

Could anyone throw some light on the future of separated spouse of Eu citizen who was intially issued with stamp Eu fam 4.
There have been lot of talk but no one has provided any first hand information.Directive is clear about annulment , divorce ,departure and death but when it comes to separation, directive is mute.
Please share your experience

ImmigrationLawyer · Post by **ImmigrationLawyer** » Tue Jan 15, 2013 5:41 am

You can argue that separation should be treated the same as divorce, as it is a necessary part of the process of divorce under Irish law. The Regulation doesn't make sense if the non EU spouse is protected on divorce but not separation. The law is unclear. Get a solicitor to threaten Court proceedings of the Dept won't accept this.

Post by **EUsmileWEallsmile** » Tue Jan 15, 2013 7:22 pm

euspouse07 wrote:Could anyone throw some light on the future of separated spouse of Eu citizen who was intially issued with stamp Eu fam 4.
There have been lot of talk but no one has provided any first hand information.Directive is clear about annulment , divorce ,departure and death but when it comes to separation, directive is mute.
Please share your experience

Case law Diatta vs Land Berlin.

http://ec.europa.eu/social/main.jsp?cat ... ageId=1222

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