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well i guess no point in trying if this statement is correct ?SanMex wrote:I found in this link http://ec.europa.eu/justice_home/fsj/im ... ily_en.htm
"This Directive does not apply in the United Kingdom, Ireland or Denmark"
mmm...does this means we arer doomed?
http://europa.eu/scadplus/leg/en/lvb/l33118.htmThird country nationals who hold a residence permit valid for at least one year in one of the Member States and who have the genuine option of long-term residence can apply for family reunification. However, this Directive does not apply to a third country national applying for recognition of refugee status whose application has not yet given rise to a final decision or who has temporary forms of protection, nor to members of the family of a Union citizen.
I have always said "BrownBono is the man" and everytime you write here something you confirm that.brownbonno wrote:The issue in the directive in question has no relevance to spouse/family member of an EU national.Its centred on the rights of third country national legally residing within the EC member states and their family unification.
The cases of members of this forum is derived from Directive 2004/38/EU.
you might have notice my past posts could have been intrepreted doubt on whether or not the kumar case would be successful, by stating issues that eu law could not impose on any country as each country still enjoys soverignity when putting directives into domestic law. another example of where ireland, britain and denamark never went a long with other european countries was the schegen scheme. but, i am not a judge. we dont know what will happen. maybe a disentin obiter from a judge will highlight an issue that might be used in another case similar to kumar.runie80 wrote:well i guess no point in trying if this statement is correct ?SanMex wrote:I found in this link http://ec.europa.eu/justice_home/fsj/im ... ily_en.htm
"This Directive does not apply in the United Kingdom, Ireland or Denmark"
mmm...does this means we arer doomed?
can anyone cross check and let us know do we still have hope or this is it.
What strickes me is that they mentoned UK in this. but UK is giving spouce visas AFAIK any or may be i am reading it wrong ?
Renie80,Thanks for the commendation.Knowledge not shared is a waste.runie80 wrote:I have always said "BrownBono is the man" and everytime you write here something you confirm that.brownbonno wrote:The issue in the directive in question has no relevance to spouse/family member of an EU national.Its centred on the rights of third country national legally residing within the EC member states and their family unification.
The cases of members of this forum is derived from Directive 2004/38/EU.
You definately are one of the most Knowledgable people with regards to EU directive and if in future we need representative i believe you definately cen represent.
Keep up the good work !
you are correct. when i said asylum seekers, i was referring to some people who may have come to ireland as such people and unfortunatley be refused., and then whilst in ireland fall in love and marry an eu person. basically when i mentioned ayslum seekers i was referring to those people who have also applied for eu1.brownbonno wrote:Renie80,Thanks for the commendation.Knowledge not shared is a waste.runie80 wrote:I have always said "BrownBono is the man" and everytime you write here something you confirm that.brownbonno wrote:The issue in the directive in question has no relevance to spouse/family member of an EU national.Its centred on the rights of third country national legally residing within the EC member states and their family unification.
The cases of members of this forum is derived from Directive 2004/38/EU.
You definately are one of the most Knowledgable people with regards to EU directive and if in future we need representative i believe you definately cen represent.
Keep up the good work !
walrusgumble,
Remember people concerned in this cases are spouse/family members of EC citizens.They should not be portraits as asylum seeker and should try not(directly or indirectly) be seeking asylum.
It is as at now clear with the Jia case,that ''live in another state'' is not a yardstick for free movement.
Forum members should make appeal on an refusal decision based on the Jia case(this is only case law at the moment).Instead of waiting for the Judgement on the ''Kumar case''
fair enough, i do understand your situation.runie80 wrote:walrusgumble
I personally believe that applying for humanatarian grounds and etc etc are just a smoke screen.Why we apply for something which is less of a right when our rights of major importance<spouse of eu citizen> are not granted.
Your sugessions might be usefull for someone who dont have a career and just have his all life to get "VISA"
For me personally this is it.If they have to give me Visa it will be EU spouse i will not seek alternatives.
I am a man seeking career and life.I dont have time to waste all my life for this Bloddy Visa.There is loads more to life then just this visa.
I will be looking all other options after this month.Waiting years in this system might suit those who dont have careers.
I know we shouldnt give up for our right and i have never compromised on my principles but when i see the time frame in order to pursue this thing i feel i am missing the bigger picture
On the other hand I will go UK or Poland and if nothing work our there After 6 months i will be back here with all the requirements of Irish Gov
and then they dont have a leg to stand on !
that's troubling news...we really don't know the immigration history of Kumar, and if it was any way similar to Akrich who was a moroccan immigrant deported twice from the UK, before he used a british woman to try to immigrate to Ireland.dsab85 wrote:Hi together,
it appears to be true that the court has decided in favour of the Justice Department in the Kumar Case. I just got the following response from Solvit:
****************
The Irish SOLVIT Centre understands that the Court has decided in favour of the Department of Justice, Equality and Law Reform. However, we have not received the approved written Judgment yet. This will be posted on the Courts Service website (www.courts.ie). There is also the possibility that the case will be appealed to the Supreme Court.
Until SOLVIT receive instruction from the Department of Justice, Equality and Law Reform, we cannot advise on refused residency applications. I will let you know as soon as we receive further information.
****************
Just FYI.
Cheers,
dsab85