EU1 residence Not granted

[tomasmv]

Well as lots of you, today I received the letter with my EU1 Form denied...it says that judicial review proceedings relating to similar decision are currently ongoing in the High Court, so untill this proceedings have been decided however, the provisions of regulation 3(2) continue to have effect and must therefore be complied with in order for residency to be granted. So in accordace with the provisions of regulation 8(1), it is not possible to grant residency on a temporay basis......
Now, my question is, can my wife apply for a Stamp 3, so she will be able to stay, travell, go out and come back.... but not to work.....?
Thanks.

[SanMex]

After we get the residence denied can we apply for student visa?I mean I have to and need to work while they decide our destiny

[archigabe]

I think this situation really needs to get sorted out...If work permit holders from Non-EU Countries have the right of family reunification, does this mean E.U citizens have less rights in Ireland than non E.U citizens?
http://www.europarl.europa.eu/comparl/l ... ult_en.htm

I think we need to request the full judgement of the Kumar case and try to figure out what went wrong.

[kevarms]

Guys, I am sick with worry after hearing the result of the court case. Our EU-1 application was only made a couple of months ago but I can't just sit and wait until the inevitable rejection. I want to fire off a load of letters, but don't know who should feel my wrath first:

Justice Minister:

Foreign Minister: I'm really pissed off that we were given incorrect information by the embassy in Tokyo. What are these guys at ?! They don't even know the laws in the country they represent ?!

Taoiseach: probably not much use, but my mum always said talk to the organ-grinder not the monkey.

Local TDs: one of them happens to be the Foreign Minister, was also wondering what Fine Gael and Sinn Fein think about non-nationals rights being denied.


I've been following the board for a while now and frankly I'm confused by all the EU and immigrant bodies that keep being mentioned (Solvit etc). Which of them is the most useful? Please bear in mind that our application is still only pending, but I'm expecting a rejection.

[Flor_mz]

Hi Tomás,

Sorry to hear about the rejection.

I e-mailed you about this, but my main question is: Do they actually state that they cannot grant you temporary residence in your refusal letter?

Best of luck with everything.

tomasmv wrote:

So in accordace with the provisions of regulation 8(1), it is not possible to grant residency on a temporay basis...

[Sahil]

Hi Tomás,

Sorry to hear about the rejection.

I e-mailed you about this, but my main question is: Do they actually state that they cannot grant you temporary residence in your refusal letter?

Best of luck with everything.

Tomás wrote:

So in accordace with the provisions of regulation 8(1), it is not possible to grant residency on a temporay basis...

well yes in my refusal letter they said that !!

[Flor_mz]

Thanks Sahil!

Can anyone post the complete text of the refusal letters? Of course, deleting your full names and any other personal information.

I'm particularly interested in the recent refusals, as I have applied only a few months ago.

Thanks!

[Sahil]

Hi Flor_mz, this is what i got in April'07 but i did applied on July'06.

Dear Mr....,

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

[Flor_mz]

Thanks so much!!!!

[bulmash]

I received the exact same letter and I was told that I cannot be granted temporary residence as well.

[checo]

Me too. I have got exactly the same letter. It seems they have got this template in their computer and they are sending it to everyone.

[SanMex]

But what do they want as residence. For what I can understand new couples have absolutely no way of how to get a residence as we do not have several years of marriage and we didnt lived together(and by this I mean I didnt have a residence card) in any other member state
This is an outrage

[tomasmv]

exactly same letter to me.....

[Static]

yep same letter here as well.

[Flor_mz]

Thanks guys for the info.

The reason I was asking is the following: As soon as I received the letter requesting proof of prior residence in another EU state, I got in touch with the Embassy of Ireland in Argentina.

They told me that Ireland was requesting prior residence in another member state to grant the 5-year residence card (I wish they told me that earlier this year, before coming, instead they told me back then that everything would be easy). they said that what I could do is write a letter ackowledging that I can't comply with Regulation 3(2) and request a one-year renewable stamp 4 instead of the residence card.

But, according to other legislation (Regulation 8(1)), they can't grant that on the temporary basis. I wanted to verify if the DoJ was including that in the refusal letters.

Unfortunately, you just confirmed my fears and it's quite obvious that the Embassy is giving me the wrong information again. I will not sit and wait any longer for refusals...

[Static]

Thanks guys for the info.

The reason I was asking is the following: As soon as I received the letter requesting proof of prior residence in another EU state, I got in touch with the Embassy of Ireland in Argentina.

They told me that Ireland was requesting prior residence in another member state to grant the 5-year residence card (I wish they told me that earlier this year, before coming, instead they told me back then that everything would be easy). they said that what I could do is write a letter ackowledging that I can't comply with Regulation 3(2) and request a one-year renewable stamp 4 instead of the residence card.

But, according to other legislation (Regulation 8(1)), they can't grant that on the temporary basis. I wanted to verify if the DoJ was including that in the refusal letters.

Unfortunately, you just confirmed my fears and it's quite obvious that the Embassy is giving me the wrong information again. I will not sit and wait any longer for refusals...

What are you going to do?

[Flor_mz]

Going back home

There's no point in staying here. My husband can't do what he came to do here working 10 hours a day, and there's no certainty of a quick resolution.

UK is out of the question now, our funds are not precisely abundant or even enough to start all over again.

Wish we knew before we ever came here...

[jhbmike]

just saw that a lot of you got rejected recently had you been waiting long my application is since jan and still no news

[tomasmv]

we sent the EU1 form in November and just got the letter back this monday.
Hope it helps the info., if you check other subject you will see when all aplied and got responses....
Regards

[stmani]

i sent mine in oct last year.......absolutely nothing!!!!

im more interested hearing something back from those eegits!!!!

[tomasmv]

I want to apeal, to my wifes residence not granted, can someone give me some info on how to do it.
thanks in advance
TomAs

[Sahil]

I want to apeal, to my wifes residence not granted, can someone give me some info on how to do it.
thanks in advance
TomAs

Hi Tomasmv..... see below ... thats how i wrote my apeal:

The first thing you will need to do is to write a letter of appeal to
the Department of Justice, Equality and Law Reform, and also to CC this
letter to the European Commission in Dublin (I've included the relevant
addresses at the end of this email). The letter should be from both of
you and include the following points (in your own words):

We (both names) feel that (name of non-EU spouse) should be granted
residency on the basis that ours is a genuine and subsisting marriage
with an EU national who is working and residing in the State.
While we recognise the Minister's obligation to ensure that the
integrity of the immigration system be maintained, we submit that the
Regulations as they are currently enacted fail to provide for those
persons who marry either in the Republic of Ireland or in a non-EEA
country, and for completely reasonable and legitimate reasons do not
reside in another member state other than the one in which they live and
work. In this regard the Irish regulations are disproportionate in terms
of their impact on all lawfully and genuinely married couples. Prior to
the enactment of these regulations there was no requirement imposed on
the spouse of an EU citizen to have resided within the European Union.
That the provisions of Regulation 3(2) European Communities (Free
Movement of Persons) Regulations 2006, upon which the Minister seeks to
rely as the basis for this refusal, is not a valid requirement under EU
law. The provisions in question Article 10(2) of Directive 2004/58/EC)
do not contain a requirement of this nature.

You should also mention the details of your relationship history; for
example, that you met in (country?) while you were (working? studying?)
and were married in the (country?) in (year?). try to include as much
information as possible in support of your appeal.

The addresses to send the letters to are:

Department of Justice, Equality and Law Reform

EU Treaty Rights Section

13-14 Burgh Quay

Dublin 2



EU Commission

European Union House
18 Dawson Street
Dublin 2



Always try to send the letters by registered post, and keep the receipt.

Hope it will help you !!

[microlab]

Thats exellent post sahil
Finaly something practical that may help people.
Most of the new threads are way off immigration problems and how to deal with them.
Rant,rant,rant and compleate boll¬¬¬ks,just a pub talk.

[tomasmv]

thanks it helps me a lot....
regards TomAs

[tomasmv]

I have one more question, after received the residence not granted for my wife, have already someone on the same situation travelled out the country and back to Ireland, they will have this info in the sistem in the airport computers, it will be ok and we will be able to come in again till the similar case in the high court is decided.
Someone has any info about the "self sufficiency" stamp, even my wife would not be able to work perhaps it will be easier for as till something comes up about all this eu1....
well thank in advance,
regards TomAs.