Need some Help: EU1 Ireland

chimphat · Post by **chimphat** » Mon Apr 09, 2007 10:58 pm

Hi Everyone,

I have been reading through all the posts concerning the EU1 form, and I must say I am now starting to worry. My application was sent in 3 months ago and I expect a decision by the end of June 2007. I suppose I just want to know how long people have been waiting and reasons behind extended processing times.

For the past 3 months I have been unable to work and the possibility that it may take longer than 6 months is stressing me, as most of you would know living of one salary is not ideal.

Furthermore how are you notified of a decision, and if it is negative can you appeal?

I would be keen to hear from those in similar situations as this waiting is driving crazy.

Thanks

Static · Post by **Static** » Wed Apr 11, 2007 1:45 pm

Hi. What is your situation? Which country is the non-EU national from? Our application has been in for almost 6 and a half months now..... Apparently there is a court case on the 27th of this month to decide what they're going to do with the non EU nationals married to EU nationals who have not resided in a member state before coming to Ireland. If you read through everything it could confuse you and make you panic. Don't bother with it.. there are so many contradicting pieces of information you really can't possibly suss the outcome before this court case is resolved.

chimphat · Post by **chimphat** » Wed Apr 11, 2007 1:58 pm

Hi,

I suppose your right, its the waiting that is driving me mad and furthermore it seems no one in the department wants to shed any helpful information when you speak to them.

My hubby is Polish

I just found out today though that you can apply for a work permit until your residence card outcome is finalised, this has been in place since 1st of FEB 2007. Which I find amazing because on the 26 the of Jan 2007 I spoke to someone in employment permit department and they told that I just need to wait the 6 months, they never hinted or informed me that a law change was occurring and coming into action from the 1st of Feb 2007. I shouldn't be surprised though.

Well best of luck with your application!!!

Static · Post by **Static** » Wed Apr 11, 2007 2:01 pm

thanks

I am in the process of applying for a work permit... wasn't certain if this was in fact law but now it seems that it might be which is wonderful news! What nationality are you?

chimphat · Post by **chimphat** » Wed Apr 11, 2007 2:24 pm

Me too looks like this work permit thing may actually work out!!!! Fingers crossed! It would be such a relief to get out of the house and do something apart from reading immigration info.

Have you put in your application in yet for the work permit?

Static · Post by **Static** » Wed Apr 11, 2007 2:29 pm

I'm South African.. get asked VERY often if I'm from Australia though.. think the accents are a bit similar

Well.. you're in Dublin so if you want to get out the house give me a shout.. we can drink tea and moan about the immigration system or .. even better ... drink tea and eat cake! Ha!

chimphat · Post by **chimphat** » Wed Apr 11, 2007 2:40 pm

sounds good. It great to finally hear people with the same concerns as my self, for a while I thought I was the only one who was frustrated

LOLAMALA · Post by **LOLAMALA** » Fri Apr 13, 2007 4:18 pm

Hi all - very interested to find out more about this work permit...? I'm British, my wife is American, and we applied for the eu1 back in December, after initially applying in September at our local Garda Immigration Dept - who subsequently lost that first application, then denied all knowledge of our submitting it!! That lost us 3 months. Anyways, enough of our frustration - I have 2 questions really. 1)We asked for our passports to be returned to us in January - they were, though only after a dozen or so faxes. It wasn't clear, but does getting our passports back mean we were supposed to have re-applied for the eu1? It would seem silly, as they still have our application, birth/marriage certs, proof of income evidence, etc. Just wondering if anyone else got their passports back under these circumstances? 2) How do we go about applying for this work permit for my wife? Where do we go, what form is required, and would this mean she'd now be able to leave the country (as she's been held hostage here since her stamp expired in her passport 2 months ago!)... anything regarding all the above would be most appreciated!

chimphat · Post by **chimphat** » Mon Apr 16, 2007 10:20 am

Hi there,

It seems your wife is in the same position as myself.

In regards to passports being returned, it doesn't really mean anything as they are still processing your application.

I'm not sure about travel, I too would like to leave but I have heard so many conflicting stories about whether or not they will let you back in the country. Perhaps talk to someone in Justice.

She can apply for a work permit which will take 2 - 8 weeks to be processed. Firstly you have to have a job offer from an employer before you can apply. Then it is fairly straight forward;
Need photocopies of passports and relevant stamps
Need a letter from EU citizen employer stating how long they have been employed with them
Photocopy of marriage cert

The form is at www.entemp.ie under international workers section. In this section there is form marked New Work Permit, just tick spousal / dependent of EU national on the form. Ignore anything about paying a fee or Spouse's work permit, as you are married to EU national so hence you they wouldn't require or have a work permit.

I hope this helps

jonesdh · Post by **jonesdh** » Wed Apr 18, 2007 3:50 pm

When you apply for your EU1 application request they return your passport.

Phone them up and hassle them to return it

When you get it take your passport to the GNIB

Ireland has no exit controls. So the problem is when you come back into the country.

Explain you need to go home and REQUEST A STAMP TO STAY [NOT WORK] UNTIL THE SIXTH MONTH FROM WHEN THE JUSTICE DEPT RECEIVED YOUR APPLICATION.

They cannot make your stay and in the case of my wife gave her a stamp that has let her come and go whilst our application is being processed. We get a decision soon...

Any more help email me at jonesdh@cs.tcd.ie

Best of Luck. Remember they cant keep you here!

dsab85 · Post by **dsab85** » Wed Apr 18, 2007 3:56 pm

That somehow doesn't always work. We tried it several times, but they won't issue a re-entry permit until the EU1 application has been processed.

I think most people here hope they will get a decission soon. But as you probably already found out, the 6 months timeline doesn't work. Loads of people on here already wait for 8 to 9 months, mostly due to the High Court Case.

Best of luck anyway.

Cheers,
dsab

jonesdh · Post by **jonesdh** » Wed Apr 18, 2007 4:00 pm

Ok, well its worked for us.

microlab · Post by **microlab** » Thu Apr 19, 2007 5:29 am

but they won't issue a re-entry permit until the EU1 application has been processed.

Absolutely.

Static · Post by **Static** » Thu Apr 19, 2007 8:19 am

all fair and well ... but we can't even get our passports back.. been trying and trying. letters, faxes, e-mails, phonecalls and my husband has to go abroad for his company next month!! he's an EU national and they have held his passport for longer than 6 months!!! ok.. finished ranting now. I'm just so SO tired of the situation.

Plaasjapie · Post by **Plaasjapie** » Fri Apr 20, 2007 11:55 am

cartaverde · Post by **cartaverde** » Mon Apr 23, 2007 11:54 am

Static, fax them. And fax again. Fax is the only form of contacting them that could work. We tried several times getting our papers back calling them ... didn't work. But I hear faxing works.
Good luck.

Static · Post by **Static** » Mon Apr 23, 2007 3:16 pm

Does anybody have the fax number? Thanks for the information.. tried to find the number but I must be missing it.

dsab85 · Post by **dsab85** » Tue Apr 24, 2007 8:39 am

Hi Static, the Fax Number is 01-6167850. Good luck. That was the only thing that worked for us. We got our passports back within days of sending a fax.

Static wrote:Does anybody have the fax number? Thanks for the information.. tried to find the number but I must be missing it.

Static · Post by **Static** » Tue Apr 24, 2007 9:46 am

Thanks DSAB85.. that is the number I've been using to no avail. Thought it was the wrong one.

Will send another one off today.

Post by **archigabe** » Tue Apr 24, 2007 12:59 pm

Yes, we sent our request by fax as well! it worked and we received the passports back in 2 weeks.

Static · Post by **Static** » Tue Apr 24, 2007 1:04 pm

Well.. I hope it works this time! My husband has to be in the UK for work next month. Not long 'till the court case!! Don't know if I should be excited or worried. Think I'll stick to excited for now.

LOLAMALA · Post by **LOLAMALA** » Fri May 04, 2007 9:13 am

We've since received an email from justice.ie stating the following :

A decision will be taken on the application based on the documentation
provided by you no later than six months from the ate of receipt of the
application 11 December, 2006.
Regards
EU Treaty Rights

EU Treaty Rights
Mail - In Query

this came out of the blue - so what they're claiming here is that we'll know either way by June 11th next month. I somehow won't believe that until I see it! Has anybody else received anything like this?

Plaasjapie · Post by **Plaasjapie** » Sat May 05, 2007 12:44 pm

LOLAMALA · Post by **LOLAMALA** » Sat May 05, 2007 2:16 pm

Way to worry me! How would they be breaking the law? If they give us a no result, it's getting appealed right away as there's no valid reason for refusing my wife residency.

Post by **archigabe** » Sat May 05, 2007 4:23 pm

Here's some details from the European Commission's Free movement of Workers Website

http://ec.europa.eu/employment_social/f ... ily_en.htm

Family members

The following family members, whatever their nationality, have the right to reside with you in the host Member State:

* your spouse;
* the partner with whom you have contracted a registered partnership in a Member State, but only if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down by the host Member State;
* your descendants and those of your spouse or registered partner who are under the age of 21 or are dependants;
* your dependent relatives in the ascending line and those of your spouse or registered partner.

Member States must also facilitate the entry and residence of:

* other family members who are dependants or members of your household or who require your personal care due to serious health grounds, and
* the partner with whom you have a durable relationship, duly attested.

If the family members are EU citizens, they may be required to register with the competent authority, in which case they will be issued with a registration certificate.

If they are third-country nationals, they will be issued a residence card, valid for five years or for the envisaged period of residence of the worker if this period is less than five years. An entry visa may also be required to enter the territory of the host Member State.

Only the following documents may be required for issuing the registration certificate or the residence card:

* a valid identity card or passport; if the family members are third-country nationals, they must produce a valid passport;
* proof of the family relationship or of the registered partnership;
* the registration certificate of the worker or, in the absence of a registration system, any other proof of residence in the host Member state;
* in the case of dependant relatives, other family members or durable partnerships, proof that they fall into these categories.

Family members also qualify for the right of permanent residence after a continuous period of residence of five years in the host Member State. If they are EU nationals, they will be issued, upon application, with a document certifying permanent residence. If they are third-country nationals, they will be issued with a permanent residence card renewable every ten years.

They may retain, under certain specific conditions, the right of residence in case of divorce, annulment of marriage, termination of registered partnership, death or departure of the worker.

Members of the family who have the right of residence in the host Member State have the right to work in the host Member State whatever their nationality. If they are third country nationals, this means that no work permit will be required. They have the right to equal treatment, including the award of social advantages.

The children of the worker, whatever their nationality, have the right to education in the host Member State on the same terms as its nationals. This includes, for instance, a right to equal treatment in relation to study grants.

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Need some Help: EU1 Ireland