New to this board...

[bulmash]

I am new to this board. My husband, a Swedish National, found it for me. The lawyer for his company informed me that they had ruled on the Kumar Case and here is what she emailed me...

"A barrister contacted me yesterday to advise that there had been a judgment on Tuesday last from Judge Hanna in the case of Kumar v The Minister for Justice. This case is similar to your case in that Mr. Kumar was refused a residency card on the grounds of Regulation 3(2). Unfortunately the High Court upheld the validity of Article 3(2) of the Regulations saying it was intra vires the EU Directive i.e. permitted under the Directive.

However, the barrister also told me that the facts of the case is likely to have influenced the Court, as in his decision Judge Hanna seemed to have relied solely upon an European Court of Justice judgment (Akrich) having regard to an individual's behaviour in terms of circumventing national immigration laws. Mr. Kumar did not have such a straightforward case as your case and so this is likely to have affected the Judge's decision.

Mr. Kumar may of course appeal this decision to the Irish Supreme Court who have jurisdiction to reverse the decision. However, a Supreme Court Appeal could take many months. In the interim period there are likely to be other cases more in line with your own set of facts and so if there is a positive determination in any of those cases, this will clear the way for you to obtain a residency card (subject of course to the State appealing any such decisions"

She has advised me to try to apply for a Student Visa. Has anyone begun this process?

My concern is that I'm leaving the country to go to Sweden at the end of the month, and I'm concerned I will not be let back in. Has anyone left recently, at least since we've received the "denial" letters?

I appreciate any feedback I can get.

Thanks,
Stacie
American woman, married to a Swedish National

[SanMex]

So basically this means that we have no hope and that the case will not be in ur favor?
Well I called the DoJ and ask if I could apply for a student visa and they told me that I cant

[runie80]

Student visa I am already on it

And dont ask what pain it is.You cannot work full time Legally

And you will be paying 2500 euros for lovely course
Plus u will be required to have 85% attendance at the end of the year
to get you next years student visa
Some colleges hold ur letter ransome if u dont intend to take further admission.

Its NIGHTMERE. I would NOT recommend anyone entering student visa market !

So can oneone confirm that the decision has been delivvered

[archigabe]

"A barrister contacted me yesterday to advise that there had been a judgment on Tuesday last from Judge Hanna in the case of Kumar v The Minister for Justice.
Thanks,
Stacie
American woman, married to a Swedish National

Some of us went directly to the High court where they informed us that the case has been postponed...so I am a bit confused how they could have ruled on this case already.
Since you hold an american passport, you might not be stopped from entering the country since Americans don't require a visa to enter Ireland.I would suggest you confirm with Irish Dept. of justice before you leave the country.

[Flor_mz]

Bulmash,

I hold an Argentine passport (just like the US, I don't need a visa). Last week I was at the GNIB and they made a note (they took my picture and they gave me a registration number) that I was going to leave he country.

The BIG difference is that I'm still awaiting a response, I haven't received any rejection letters yet.

[BigAppleWoodenShoe]

Bulmash...I sent you a PM, but what I have heard from various departments is that an American should be allowed to leave and re-enter. However, there is no guarantee that they will let you back in....or at least not without a hassle.

[stmani]

so the kumars case's denied!!!!!!! the only hope..........i wonder what they doing with my application, its 8 months now no reply nothing.....whats taking so long to deny my case????????