EEA Family Permit query (employment contract)

Docterror · Post by **Docterror** » Wed May 30, 2007 1:23 pm

rafo wrote:The only problem is if they deny her application from Dublin due to the pending residence status

...therefore she got her residence denied after 10 months waiting.

I am a bit confused. Was your wife's Residence Card application denied or is it still pending?

rafo · Post by **rafo** » Wed May 30, 2007 2:51 pm

Sorry about the confusion Docterror.

Here is the letter we received from the Irish Department of Justice after 10 months waiting.

Dear Ms....,
I am directed by the Minister of Justice, Equality and Law Reform to refer to your application for residence under the provisions of the European Communities (Free Movement of persons)(No.2) Regulations, 2006, which was submitted on Form EU1 and which was received in the Irish Naturalisation and Immigration Service on XXX.
The provisions of Regulation 3(2) require in order to avail of residency rights under the regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland. Following a thorough examination of your file, it was decided that no evidence was submitted to satisfy the requirement and that therefore, residence can not be granted. In addition Article 8 of the European Convention on Human Rights has been considered in this context.
Judicial Review proceedings relating to a similar decision are currently ongoing in the High Court. Until these proceedings have been decided however, the provisions of Regulation 3(2) continue to have effect and must therefore be complied with in order for residencey to be granted.
In accordance with the provisions of Regulation 8(1), it is not possible to grant residency on a temporary basis.
Regulation 8(1) provides:
Subject to Regulation 20, the period of validity of a residence card shall be equivalent to the envisaged period of residence in the State of the Union citizen of whom the recipient of the card is a family member, or not less then 5 years from from the date of issue of the card, whichever is lesser period.
You application might be elibable for reconsideration pending the outcome of the above mentioned High Court proceedings.

Docterror · Post by **Docterror** » Thu May 31, 2007 4:50 pm

Ah, rafo! That kind of clears up the matter ...I think.

rafo · Post by **rafo** » Fri Jun 08, 2007 3:22 pm

Hi,
Just to update you regarding this.
I went this morning along with my wife to the British Embassy here in Dublin to apply for the EEAFP.
Well, the conclusion is that she is not entitled to apply for a visa from Ireland as she has no valid stamp in her passport. The letter from the Department of Justice stating the case in the High Court made no difference.
As the Court has just postponed the case once again, she has no choice but apply for the EEAFP from Brazil.
Regards.

Post by **Directive/2004/38/EC** » Fri Jun 08, 2007 9:33 pm

rafo wrote:Hi,
Just to update you regarding this.
I went this morning along with my wife to the British Embassy here in Dublin to apply for the EEAFP.
Well, the conclusion is that she is not entitled to apply for a visa from Ireland as she has no valid stamp in her passport. The letter from the Department of Justice stating the case in the High Court made no difference.

Could I ask on what basis she entered the country? Did she have a visa, but it is now expired?

Docterror · Post by **Docterror** » Sat Jun 09, 2007 6:15 pm

Rafo, so sorry to hear about the news. Are they positive that they cannot take the application? Maybe a plea with the ambassador explaining the condition about having to travel all the way to Brazil might make a difference. Also asking in writing the reason for not accepting the application might also make them reconsider. Just a thought.

Platinum · Post by **Platinum** » Sun Jun 10, 2007 12:48 pm

the conclusion is that she is not entitled to apply for a visa from Ireland as she has no valid stamp in her passport. The letter from the Department of Justice stating the case in the High Court made no difference.

Oh, talk to. Really? I was planning to do this. I just *knew* that the Irish refusing to stamp our passports was going to be a pain in the mule. Honestly, it's as if we're living illegally in the damn country.

Post by **Directive/2004/38/EC** » Sun Jun 10, 2007 9:52 pm

Rafo,

Did they turn you down because your passport was not stamped, or because they entry period had expired, or for some other reason?

Did they turn you down or did they not accept the application?

I would strongly encourage you to do two things.

(1) Write to the British Embassy. Request a written explaination of exactly why they have turned you down.
(2) Contact Solvit and ask for their assistance in resolving the matter

rafo · Post by **rafo** » Fri Jun 15, 2007 1:22 pm

Hi all,
I have contacted both Solvit representatives (Ireland and UK) on last Tuesday.
Solvit Ireland said they would be sending a request to the Irish Department of Justice to see if there is anything to be done. But I have not heard any update after that.
Solvit UK said that nothing can be done if my wife's passport does not have a valid stamp. They advised me to apply for the EEAFP from Brazil if we have urgency.
As I have to start my job in the UK on the 9th of July, my deadline is very tight now. Therefore I and my wife have decided to give up applying for the EEAFP from Dublin and we will be after a ticket to Brazil tomorrow unless a "miracle" happens in the meantime. She will apply for the EEAFP from Brazil and under the UK rules I suppose.
I have sent an email to the British Embassy in Brazil one month ago asking if they had any idea on how long it would take to get her application processed, but they never replied. From your experience, would you have any idea?
Best regards.

dsab85 · Post by **dsab85** » Fri Jun 15, 2007 1:58 pm

My wifes (not in Brazil) was done on the spot. On their website they state that they try to process them within 24 hours. But it might take 3 to 4 days in some cases. Probably depends how busy the embassy is.

BTW... I am one of the Irish "refugees" as well.

thsths · Post by **thsths** » Fri Jun 15, 2007 2:04 pm

Hi Rafo

rafo wrote:I am a Portuguese citizen who married to a Brazilian citizen two years ago in Ireland.
Unfortunately my wife is not able to renew her residence here (Ireland) as she has never lived in another EU member State apart of Ireland before and therefore she got her residence denied after 10 months waiting.
My Company is currently moving my Employment contract over to the UK and I should be starting in July. My wife will be returning to Brazil and applying for the "EEA Family Permit" in the meantime.

I just read that you got negative responses from all sides. In my experience, a lot of the national immigration law only deserves the label "cluster f*ck", certainly in Ireland and the UK. So what are your last minute options? I think you have 3:

1. Go to Portugal, and check the national law there. Since you are Portuguese, maybe they treat you better there? If you get a visa for your wife there, you could then apply for the EEA family permit from Portugal, and it should all be a fast process. If this works, it is probably much better than going to Brasil.

2. Just go to the UK anyway. Your wife can say she is just visiting. Since she does not need a visa for coming to the UK, she should get entry clearance on the spot. (This worked for me!)

3. According to the EU law, a spouse visa is not actually necessary for entering the member state, if you can prove your status with other documents. Now obviously this is a rather dangerous thing to do, especially if your status is being contested, but then again I can't imagine that they would refuse here, either.

Once you are in the UK, you should apply for EEA1 and EEA2 as soon as possible.

PS: If you have any expenses, sue the Home Office for compensation. They know that they operate outside of the law, but usually they get away with it!

rafo · Post by **rafo** » Mon Jun 18, 2007 12:56 pm

Hi,
I bought a ticket for my wife to Brazil last Saturday. We are deciding to apply from Brazil, exactly as the British Embassy advised us. This seems to be the most correct way to deal with this situation and we want to be safe in our actions. I want to avoid my wife to run in risk and going to another EU country even being to Portugal would be risky as her visa in Europe is expired.
Hopefully the Embassy in Brazil will issue her visa in a short time and we will be together again legally in the UK.
Regards.

Platinum · Post by **Platinum** » Mon Jun 18, 2007 6:15 pm

I e-mailed the British Embassy here in Dublin about applying for an EEAFP or spouse visa without the necessary Irish residency stamp in my passport. This is their reply:

For both visas you would need to a valid status in your passport, however because you do not have this you will need to get a letter from Irish immigration stating that they wont stamp your passport.

Please be advised that it is at the discretion of the Embassy as to whether or not they will accept this.

If you do not want to take this chance then you should return to the US and apply from there

I'm going to the GNIB on Burgh Quay tomorrow to ask-again!- for a stamp. If they say no again, I'll ask for a letter. I don't know what my chances are. I'm pretty sure they'll just say, No, we don't do that. I just can't believe how haphazardly and cavalierly they treat people there. And the total lack of formal immigration processes!

rafo · Post by **rafo** » Mon Jun 18, 2007 9:22 pm

Platinum,
All the best luck for you!
I and my wife tried exactly the same thing, but it did not work for us. Even so I think if you are prepared for the worst, you should try yourself. Best regards.

Platinum · Post by **Platinum** » Tue Jun 19, 2007 11:44 am

Thanks for the thoughts, anyway, rafo.

I'm just back from the GNIB. They said no, of course. But at least they told me no right at the window. They didn't make me take a number and wait two hours to be told no.

Useless.

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EEA Family Permit query (employment contract)

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