EU 1 - Has anyone got a response in the last 4 weeks?

Birdy · Post by **Birdy** » Wed May 23, 2007 8:48 am

megmog wrote:Hey Birdy...

Cant you apply via the british embassy in Dublin.. If you have been here for more than 6 months you can...

Yeah i can apply via the embassy here but it is taking thirteen weeks here currently. Plus my wife doesn't have a valid stamp in her passport now and the embassy said she will have to apply from her home country (U.S.) and receive the permit/visa in one week or if she pays for the Fedex one day. which we decided isnt such a bad thing she gets to visit with her mum and dad and avoid the stress of moving.

megmog · Post by **megmog** » Wed May 23, 2007 9:07 am

Ok.. so she can apply for a family permit to join you in the UK even though she does not have a visa for Ireland? Will you be working in the UK by the time she applies for the family permit?

Also, is she applying for a visitors permit or a "settlement" type permit (long term)?

Sorry for all the questions, its just that we are in exactly the same scenario!

Birdy · Post by **Birdy** » Wed May 23, 2007 9:20 am

there is a pm for you meg

Birdy · Post by **Birdy** » Wed May 23, 2007 9:21 am

Two now sorry need more coffee

Birdy · Post by **Birdy** » Wed May 23, 2007 3:31 pm

yankeegirl wrote:Birdy that sucks:(

Don't bother calling the premium rate number; a number of people have received incorrect advice, and paid a pretty fortune to boot.

Try contacting the Law Centre in Northern Ireland. They have an immigration helpline and they were who I contacted with my own issues a while back and I found them to be really helpful. Until I spoke with them I didn't even know about the family permit and all, and the woman I spoke with was really good at breaking it down for me.

Spoke to them today Yankee girl thank you so much.

yankeegirl · Post by **yankeegirl** » Wed May 23, 2007 3:45 pm

You're welcome. I hope they were able to help you.

Post by **archigabe** » Thu May 24, 2007 3:49 pm

I heard from someone who knows someone in the DOJ, that we are experiencing these problems because of the large numbers of nigerians who are applying for residency through marriage to eastern european girls...i dont know how far this is true...i also heard that there is a possibility they might issue permits after the court hearing to people who applied before the new rule came into effect, ie people who applied before 31st December 2006...just a small ray of hope to encourage everyone to stick it out for a few more days.

Birdy · Post by **Birdy** » Thu May 24, 2007 3:55 pm

Unfortunately this is very believable and plays to all of our desires i sincerely hope for anyone remaining that it is true, but not all of us can wait to find out and it is hardly Just to refuse someone on this basis no matter how they may be overburdened with "nigerians".

brownbonno · Post by **brownbonno** » Thu May 24, 2007 4:22 pm

This is a mere propaganda to stigmatise a set of people or individual as a diversion of attention from their misdeed.Applications are treated on case by case basis.Such an excuse is dimonising and must not be peddled around for any reason.The DoJ have breached the community law.Recent case law confirm such- (ECJ case of Jia (Case C-1/05).

Sahil · Post by **Sahil** » Thu May 24, 2007 4:42 pm

Guys .. in Jia case she got victory:

""
Seminar to address case on EU Nationals
(Published on Thursday, 11 January, 2007)

Practitioners who have been advising clients on the rights of EU nationals and their family members in recent months will have noted the immensely difficult hurdles placed on those who have not formerly resided in another Member State. The UK Government has justified this position hoping that the ECJ would rule favourably to them in the case of Jia (Case C-1/05). The ECJ handed down its long awaited judgment in Jia on 9 January 2007.

Essentially the ECJ rejects the suggestion supported by the UK Government that family members only benefit from Community law if they have previously resided lawfully in another Member State. The family member can apply for a residence card if he or she is lawfully present in the host Member State having come directly from his or her country of origin. This is a good victory! """

http://www.gardencourtchambers.co.uk/ne ... NewsID=289

cartaverde · Post by **cartaverde** » Thu May 24, 2007 4:45 pm

Case by case .. right.
They have been sitting on our case from the first of August last year. I'm not from Eastern Europe, and he is American. Is it that complicated for them? The fact that Ireland is not the only other country that I have lived in after moving away from the country I was born at can't take that long to get the additional data for if they are trying to tell they are after that.

I'm joining Birdy's fathwa, and looking at the direction of UK for the time being.

Oh, and I will make sure I'll do my duties to report every single illegal Irish I ever run to in the States ... that is equal opportunity immigration treatment.

brownbonno · Post by **brownbonno** » Thu May 24, 2007 4:49 pm

archigabe wrote:I heard from someone who knows someone in the DOJ, that we are experiencing these problems because of the large numbers of nigerians who are applying for residency through marriage to eastern european girls...i dont know how far this is true...i also heard that there is a possibility they might issue permits after the court hearing to people who applied before the new rule came into effect, ie people who applied before 31st December 2006...just a small ray of hope to encourage everyone to stick it out for a few more days.

Archigabe,

We should not be miss led by this petty talk from this ''DoJ Insider''.The error was committed in the original transposition of the Directive 2004/38/EC into Irish national law in 2006.

Post by **archigabe** » Thu May 24, 2007 4:56 pm

cartaverde wrote:Case by case .. right.
Oh, and I will make sure I'll do my duties to report every single illegal Irish I ever run to in the States ... that is equal opportunity immigration treatment.

Maybe your husband should write to his congressman about the hassels the Irish government is giving him and ask them to spread the same joy to the Paddies in Boston!

Static · Post by **Static** » Wed May 30, 2007 8:09 am

Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

runie80 · Post by **runie80** » Wed May 30, 2007 9:24 am

Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

Did they gave you a right to appeal ?

Thats madness
How long the whole process took ?

Birdy · Post by **Birdy** » Wed May 30, 2007 10:16 am

Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

Hey Static im sorry to hear that we have our tickets booked for the uk whats your plan?

runie80 · Post by **runie80** » Wed May 30, 2007 10:21 am

Birdy wrote:
Static wrote: Hey Static im sorry to hear that we have our tickets booked for the uk whats your plan?

Hi Birdy i am thinking about the same option

are you british ? have you checked with uk embassy here

I am sure it will not be a problem with UK.

Birdy · Post by **Birdy** » Wed May 30, 2007 10:22 am

runie80 wrote:
Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

Did they gave you a right to appeal ?

Thats madness
How long the whole process took ?

Ours took nine months we applied in september of last year and found out a fortnight ago.

Solvit advised there is no need to appeal as the DOJ have a record of everyone who has been refused and if there understanding is ruled unlawful they will be reviewing all of the refusals.

Birdy · Post by **Birdy** » Wed May 30, 2007 10:25 am

runie80 wrote:
Birdy wrote:
Static wrote: Hey Static im sorry to hear that we have our tickets booked for the uk whats your plan?
Hi Birdy i am thinking about the same option

are you british ? have you checked with uk embassy here

I am sure it will not be a problem with UK.

Im British

I am sending my American Wife home where she will apply for a spousal visa this will take one day to a week to arrive. We will be re united two weeks later in england where my wife will have all of her paperwork in order and will be ready to work once she gets her National insurance number.

The reason we are going this route instead of EU rights is the amount of time it takes for the EU rights to come through and various other Personal reasons. This should in no way reflect this being a better path just a matter of choice and preference.

runie80 · Post by **runie80** » Wed May 30, 2007 10:25 am

Birdy wrote:
runie80 wrote:
Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

Did they gave you a right to appeal ?

Thats madness
How long the whole process took ?
Ours took nine months we applied in september of last year and found out a fortnight ago.

Solvit advised there is no need to appeal as the DOJ have a record of everyone who has been refused and if there understanding is ruled unlawful they will be reviewing all of the refusals.

But if you appeal and the decision to appeal takes another six months
and in the mean time u can go for your UK plan.

What i mean to say is that appealing against the case will entitle you to reside in the country for next 6 monts as you can say you are awaiting decision

I am going to Bombard the Immigration department
As soon as the decision is made If made in our favour !

runie80 · Post by **runie80** » Wed May 30, 2007 10:30 am

Birdy wrote:
runie80 wrote:
Birdy wrote:
Static wrote: I am sending my American Wife home where she will apply for a spousal visa this will take one day to a week to arrive. We will be re united two weeks later in england where my wife will have all of her paperwork in order and will be ready to work once she gets her National insurance number.

The reason we are going this route instead of EU rights is the amount of time it takes for the EU rights to come through and various other Personal reasons. This should in no way reflect this being a better path just a matter of choice and preference.

Man thats going to cost u loads of money and hassle.Make sure u keep recpiepts of all so if the case goes in our favour you can put another case for damages due to wrong decision.

The F**ker mc dowell is responsible for all this + all those who did marriage of convenience

and finally we are the ones paying the price.

I would love to live in Ireland. But if they made problems and i didnt had any option then UK is my last resort as i have family there and i lived there for 3 years. Just left the place as it was getting tooo over crowded

brownbonno · Post by **brownbonno** » Wed May 30, 2007 10:41 am

Solvit advised there is no need to appeal as the DOJ have a record of everyone who has been refused and if there understanding is ruled unlawful they will be reviewing all of the refusals.[/quote]

If you don't make a formal appeal,there might be no ground to seek redress/compensation/damages for the breach of your rights.
SOLVIT is a toothless ''bulldog''.If they where so good,by now they would have been able to point the DoJ to the right direction.
Well,we have seen alot of constructive advise in this forum on how to deal with the DoJ situation.But people are still running around in circles,wasting their hard earning money,fustrating relationship etc without taking the RIGHT decision.
Members of this laudable forum are doing a lot to help but the needy are not ready or afraid to protect their rights.

runie80 · Post by **runie80** » Wed May 30, 2007 10:56 am

brownbonno wrote:Solvit advised there is no need to appeal as the DOJ have a record of everyone who has been refused and if there understanding is ruled unlawful they will be reviewing all of the refusals.

If you don't make a formal appeal,there might be no ground to seek redress/compensation/damages for the breach of your rights.
SOLVIT is a toothless ''bulldog''.If they where so good,by now they would have been able to point the DoJ to the right direction.
Well,we have seen alot of constructive advise in this forum on how to deal with the DoJ situation.But people are still running around in circles,wasting their hard earning money,fustrating relationship etc without taking the RIGHT decision.
Members of this laudable forum are doing a lot to help but the needy are not ready or afraid to protect their rights.

I am soo soo soo soo angry at this fcuking Piss take with all Eu-1 Applications.We are not asking them to pay money instead we are asking them to give us the right of work.

I can tell you guys how many jobs i have missed just for the reason that i dont have stamp 4 Which i am entitled to.

I hope the decsion comes soon and comes in our favour.

I am just venting my anger as i just finished a converation for a JOB offer.
which i cannot do only for the reason because i am not stamp 4

for F**k sake

*Opens coke diet now

Static · Post by **Static** » Wed May 30, 2007 12:55 pm

runie80 wrote:
Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time

Did they gave you a right to appeal ?

Thats madness
How long the whole process took ?

Yes I can appeal. It is almost 9 months now. On the 3rd of June it would've been 9 months.

Static · Post by **Static** » Wed May 30, 2007 1:26 pm

Birdy wrote:
Static wrote:Ok. Got mine today and I am also rejected based on not having lived in a member state before. This brings to light that you can't just live in a member state for 2 months without the proper paperwork in place. It doesnt' count as we were in England for 2 months prior to coming to Ireland and submitted evidence of this. So... that is not even an option. You'll need to completely immigrate to another country and then try to get back here. What a waste of time
Hey Static im sorry to hear that we have our tickets booked for the uk whats your plan?

Birdy, I have no idea. We don't have the finances etc. for me to go back to SA to get spousal Visa. What do we do with the kids then? My husband needs to work and can't look after them. Childcare is out of the question because of the money. Also.. I have nowhere to stay in SA so will have to be in a hotel which is also a fortune that we don't have. I have sent a complaint to solvit. Not sure what else to do. When you are so thoroughly miserable and at wits end it is hard to make decisions. Walking into the ocean is melodramatic but strangely logical at this stage.

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EU 1 - Has anyone got a response in the last 4 weeks?