EU1 - High Court Decision

[Birdy]

im more concern about the communication problem!!! doenst matter what they do but at least answer the bloody phone!!!! im given up ringing the department all the time with no answer......

does somebody know any of immigration people personally or even know where they live. im trying to find out their addresses in dublin.

Have you contacted Solvit? they usually get answers not always fast but they get them.

[runie80]

im more concern about the communication problem!!! doenst matter what they do but at least answer the bloody phone!!!! im given up ringing the department all the time with no answer......

does somebody know any of immigration people personally or even know where they live. im trying to find out their addresses in dublin.

Have you contacted Solvit? they usually get answers not always fast but they get them.

yes solvit will be the Independent organization i would say and more effective than this NGO ! immigration council

[Birdy]

Immigrant council Ireland are very helpful in giving advice and on which path to take but not when it comes answers to specifics concerning the DOJ or applications Solvit are the people.

[stmani]

actually thats what i did. i sent an email to solvit explaining them the situation im going through. they asked me to send them copies of passports and marriage cert and i forwarded them this morning. but to be honest im not even relying on solvit either.......they're all same!!

im tired of listening all these eu or whatever talk all the time!!! i need a decision very quickly YES/NO

[runie80]

im tired of listening all these eu or whatever talk all the time!!! i need a decision very quickly YES/NO

Arnt we all my friend

[Flor_mz]

Cartaverde:
The only reason we are here is because my husband is a musician and is interested in starting something in English. US was out of the question and we though that Ireland would be easier than the UK. Big mistake. We don't really like Spain and we much rather be back in Argentina than there. I appreciate your help though, and if we decide to head to the Queen's land, I will definitely let you know.

Thanks!

[Flor_mz]

Guys,

I have been to the Immigrant Council many times. They seem really nice people and willing to help. But they do not provide legal advice, they just let you know your rights and the official steps you would have to go through to exercise those rights.

It's the only place in Ireland where I could find at least somebody that would listen and that has an idea of what is going on. In my personal opinion, feel free to ask for their advice.

If I get rejected, I will be interested in the group lawsuit, and I know a couple more people that could possibly join.

Again, though everything seems to be pointing to a rejection of my application, I cannot really file any formal complaints until: a) they exceed the 6 month timeframe; or b) they actually reject the application.

Thanks again for all your support...

[runie80]

Guys,

IAgain, though everything seems to be pointing to a rejection of my application, I cannot really file any formal complaints until: a) they exceed the 6 month timeframe; or b) they actually reject the application.

I am in same situation

[Flor_mz]

I've been doing some more research, reading and re-reading directives...
Just to make sure I got this right:

1) Directive/2004/38/EC is approved. It grants the right to live and work in any EU country to non-EU family members of EU nationals. No reference to previous residency as a requirement whatsoever.

2) It is decided that "This Directive 2004/38/EC will have to be transposed to national legislation by 30 April 2006." http://www.ecas.org/file_uploads/1008.pdf

3) The date showing in the text published by the INIS is May 2nd 2006 (though for some reason, the INIS website published that document - dated May 2006 - in April 2007, check http://www.inis.gov.ie/en/INIS/more&Mod ... mmigration)

4) That document, dated May 2006, that is supposed to transpone EU law to the Irish law corpus, adds the dreaded sentence: "The Regulations apply to EU citizens moving to Ireland and their family members where those family members are lawfully resident in another EU Member State and are seeking to enter Ireland in the company of the EU citizen or seeking to join the EU citizen in Ireland." http://www.inis.gov.ie/Website/inis-en. ... penElement

5) That's what would give them the right to refuse applications posted after May 2nd 2006. Of course, that requirement is not listed anywhere else and, as I said, though is dated 2006, appears published only in April 2007. (Is this at all possible???)

My question would be... to what extent is it possible that a ruling of the Court will favour us? I mean, is this a decision that will actually change their law or is it just the first step towards considering the revision of such law? At least in Argentina, changing laws could be a slow process, and a decision could be "retroactive" or not. This means that a change could affect everyone under that law before that change took place (thus, retroactive) or only affect the new cases from the moment the change takes place on (it doesn't "go back in time").

I hope I made myself clear. I don't really know how Irish law works. Of course a favourable decision would give grounds to appeals, but I'm just thinking of the actual time everything could take... Any ideas, information, or just a clearer head?

Sorry for being so pesimistic!

[microlab]

That's what would give them the right to refuse applications posted after May 2nd 2006.

I have posted my wifes application on very same day,without EU1 FORMS(did not know about them),she was given 1 year residence in Septembar.
That was her second extension.
Looks like I cought last train.
I havent got a clue what to do next time.
I just hope this debacle will come to conclusion soon.

[runie80]

That's what would give them the right to refuse applications posted after May 2nd 2006.

I have posted my wifes application on very same day,without EU1 FORMS(did not know about them),she was given 1 year residence in Septembar.
That was her second extension.
Looks like I cought last train.
I havent got a clue what to do next time.
I just hope this debacle will come to conclusion soon.

Its not for you as your wife is already in their system so it dosent effect her

I think its about the people who applying the first time. Like me
who got married this year

[microlab]

Its not for you as your wife is already in their system so it dosent effect her

Rules are applied without transparency and inconsistently that I am not sure what to expect.Probably you are right thought.