EU1 : Never resided in another member state

kevarms · Post by **kevarms** » Sun Apr 29, 2007 2:27 am

We submitted our EU1 form as soon as my wife arrived in Ireland and heard back on Friday. Everything was in order except we did not submit 'evidence of legal residence in another Member State.'

That's because we don't have any. Previous enquiries to the Dept of Justice (via email) and the Irish Embassy in Tokyo indicated this wasn't a requirement for spouses of EU citizens coming to live in Ireland. If there had been we would have applied for the spouse visa from Japan.

We have 10 days to submit evidence we don't have, otherwise the application will go ahead without it, presumably to be rejected.

What to do? Is it worth contacting anybody, eg my local TD? Or just wait until the outcome of the court case?

When my wife arrived at the airport she only got a stamp until 30th April. The GNIB man said we wouldn't need a stamp until the EU1 application had been processed. So now we are stuck here, unable to travel anywhere for God knows how long.

This really sucks!

dsab85 · Post by **dsab85** » Sun Apr 29, 2007 9:58 am

Yeah, that is the issue at the moment. A lot of people on this board have the same problem. Unfortunately the high court case has not been decided on last friday, and had been adjourned until the middle of June.

According to Solvit they will continue to process the applications now, but based on their current (incorrect) implementation.

Your wife has the advantage that she comes from a country that doesn't need a visa to enter Ireland. My wife comes from a country that needs a visa, and she is stuck in Ireland now for 9 months already. But she will fly back to her homecountry next week and try to get a new multiple entry spouse visa.

I might move up to Newry for the time being, as the UK has a much better implementation of the Law. Visa will be granted almost on the spot, and wife is allowed to work as soon as the EEA2 application has been sent in (and receipt been confirmed).

microlab · Post by **microlab** » Sun Apr 29, 2007 10:32 am

We have 10 days to submit evidence we don't have, otherwise the application will go ahead without it, presumably to be rejected.

I dont think it can be rejected.She maybe get 1 year residence.
You can see my post here.
http://www.immigrationboards.com/viewtopic.php?t=14580

dsab85 · Post by **dsab85** » Sun Apr 29, 2007 11:56 am

microlab... unfortunately they can since they implemented the new rules on the 1st of June last year.

My wifes application was turned down a few weeks ago based on the fact that we haven't lived in another EU state before. Currently we are in the appeal stage, but since the court case has been adjourned for another 2 months it most likely won't be dealt with until the case has been settled.

microlab · Post by **microlab** » Sun Apr 29, 2007 12:13 pm

unfortunately they can since they implemented the new rules on the 1st of June last year

So all the people that are applying for the first time are treated this way ?!

The worst thing is as so many people pointed out that all these rules arent transparent.

dsab85 · Post by **dsab85** » Sun Apr 29, 2007 12:31 pm

Yes, that applies for all the people who have applied since last June. And that the court case has been adjourned doesn't help either.

I just arranged for my wife to fly back to her home country for a nice long vacation and have asked my company for a transfer to the UK.

Quite strange, as we like to live here. I have been living in Ireland for 6 years and am forced out of the country as I dared to marry a women who is from outside the EU (but which I already know for more then 6 years).

But somehow everyone else seems to be welcomed with open arms.

microlab · Post by **microlab** » Sun Apr 29, 2007 12:41 pm

I have been living in Ireland for 6 years and am forced out of the country as I dared to marry a women who is from outside the EU

Jesus man.I wouldnt leave.You`ve been living here for so long.
I dont know what is going to happen to me.My wife had her residence so far given on yearly bases.I will be applying sometimes in August with EU1.
Reading all this I dont know what to expect.One thing is for certain.I am staying.I would fight them tooth and nail till I win

kevarms · Post by **kevarms** » Mon Apr 30, 2007 10:08 pm

So we can't go anywhere until the rejection and appeal stage is completed? The stamp she got on arrival only gave her one month. Will we be allowed to come and go if we show we are currently having an EU-1 application processed (ie, the receipt letter)? I'm sure I've seen something like that mentioned in the forum.

And how about writing to TDs etc. Maybe a waste of time now the election campaign has started. What annoys me most is being misled by the Dept of Justice and the Irish embassy. We would have been quite happy to apply for a normal spouse visa rather than go the EU-1 route.

Plaasjapie · Post by **Plaasjapie** » Tue May 01, 2007 11:22 am

dsab85 · Post by **dsab85** » Tue May 01, 2007 11:34 am

My wife will now be leaving Ireland and re-apply for a new multipl-entry spouse visa from her home country.

We will also apply for a UK EEA Family Permit, as my job offered me a UK contract, which would allow me to work out of Northern Ireland. We will then get her the residence permit over there, and then try to make the move back to Ireland.

the advantage is that my wife can at least work from the time she applies in the UK for the residence permit.

microlab · Post by **microlab** » Tue May 01, 2007 11:38 am

Good luck to you

Plaasjapie · Post by **Plaasjapie** » Tue May 01, 2007 12:28 pm

Birdy · Post by **Birdy** » Tue May 01, 2007 12:36 pm

Removed Sorry read the last post wrong (more coffee please)

dsab85 · Post by **dsab85** » Tue May 01, 2007 12:43 pm

Yes, in the Uk you are allowed to work straight away.

According to the UK Board you get a Confirmation of your EEA2 application after you applied to the Home Office, and it even states that you are allowed to work while the application is processed, and that the letter serves as prove to any prospective employer.

Please see http://www.immigrationboards.com/viewto ... light=eea2

I just sent in my EEA2 application and in my confirmation letter it says that I can work until a decision has been made, and that the letter will serve as proof to show an employer.

... I received mine about 2 weeks after posting my application (and that was over Christmas).

Plaasjapie · Post by **Plaasjapie** » Tue May 01, 2007 1:29 pm

tomasmv · Post by **tomasmv** » Tue May 01, 2007 11:08 pm

I read on the forum about the refusal EU1 aplications, if we had never lived in another EU country before, now my question is, since we applied for the EU1 my wife is ok to stay and to go and come back, because her application is been proced, but what happens if we get the refusal, after that wich will be her situation....
can we get some permit just for her to stay and travell, and not to work, can we appeal, and wait untill june in the same situation we are now...
thanks in advance.

Birdy · Post by **Birdy** » Wed May 02, 2007 12:23 pm

At the moment there doesnt seem to be a clear answer to this.

You could come and Go then you have another stamp for three months no work though.

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EU1 : Never resided in another member state

EU1 : Never resided in another member state

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