As i ever spot out in my posts,appeal the decision and you may have claims for delays in decision and lost of earnings.The European parliament petition made this correspondence-
Summary of petition
The petitioner, who is a Polish national and who has resided lawfully in Ireland since 2004, complains that the Irish authorities have rejected her Bulgarian spouse’s application for a permanent residence permit in Ireland. She cannot understand this decision since her spouse has resided lawfully in Ireland since 2002 and she is therefore asking Parliament to verify whether the attitude of the Irish authorities is in conformity with EU provisions on right of residence for Union citizens and their family members.
Commission reply, received on 5 May 2007.
Mrs. XXXXXX, a Polish national exercising her right to move and reside freely in Ireland, complains that her Bulgarian husband’s application for a residence card under Directive 2004/38/EC, lodged in August 2006, was rejected by the Irish authorities on grounds that he has not submitted any evidence that he had been granted residence in another Member State, as provided by Irish law.
The Commission services have received this complaint directly from Mrs XXXX and provided her with a substantial reply on 20 February 2007.
The reply stressed that every citizen of the Union shall have the right to move and reside freely within the territory of the Member States, subject to the limitations and conditions laid down in this Treaty and by the measures adopted to give it effect. The respective limitations and conditions are to be found in Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
When Mrs XXXX’s husband lodged the application, he was not a Union citizen yet. Under the conditions of the Directive, third-country family members of a Union citizen have the right to accompany or join her in the host Member State, where the Union citizen is exercising her right to move and reside freely.
As the petitioner was exercising her Community right to move and reside freely in Ireland, her husband had the right of residence in Ireland under Article 7(2) of the Directive.
In order to comply with those provisions of the Directive, Ireland brought into force the European Communities (Free Movement of Persons) Regulations 2006.
Section 3(2) of the 2006 Regulations provides that these Regulations shall not apply to a family member unless the family member is lawfully resident in another Member State and is seeking to enter the State in the company of a Union citizen in respect of whom he or she is a family member, or is seeking to join a Union citizen, in respect of whom he or she is a family member, who is lawfully present in the State.
By its judgment of 9 January 2007 in case C-1/05 Jia, the European Court of Justice confirmed that Community law does not require Member States to make the grant of a residence permit to nationals of a non-Member State, who are members of the family of a Community national who has exercised his or her right of free movement, subject to the condition that those family members have previously been residing lawfully in another Member State.Section 3(2) of the 2006 Regulations would appear to be contrary to Community law as the right of residence in Ireland cannot be made conditional upon having resided legally in another Member State before arriving in Ireland.[/u] The Commission services envisage drawing the attention of the Irish authorities to this judgment and require that the Irish legislation fully complies with Community law.
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) This statement verifies that the European court has already ruled in favor of the current Irish restrictions. However, they feel the Irish legislation may be infringing upon the free movement directive. So, mainly, this topic is now going to be up for debate as seen in the Euro-parliament petition. It may be a step in the right direction, but given the fact that there has already been a ruling in favor of the legislation and that the beaucratic process is exceptionally slow, I believe this is going to take awhile to clean up.
I hope this works out. Brownbonno.. thanks for posting and please give us contact details?