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raja.brit wrote:Dear All,
I am a British Citizen. Moved to Ireland last October and working since then. My mother visited me to UK mid last year and moved her last November to Ireland based on UK Family Visit Visa. She was stamped 2 months visa in Airport.
Submitted my mother's EU1 application in December last year and got my temporary Stamp 4 letter few days ago.
I submitted all the documents and the Stamp 4 letter didn't state for any need for any further additional documents and that the application has been accepted.
Went to local garda to sort the GNIB card few days ago.
The immigration officer looked at Ireland Entry Stamp which said it was visit for 2 months and started mourning about we terribly abusing the system and that I should have applied for the correct Visa from home country for my mother before she entered Ireland.
She also pointed out mother's UK Visit C visa and said that it is for visit purpose only for both UK and Ireland based on which Ireland stamped 2 months visit.
I told her I dint know about it and will keep in mind for future reference. Told her she did intend to visit initially but decided to live here and hence applied for RC.
She did have her moment and said that a lot of people are doing the same thing and this abuse will come to an end soon. She then took my mother's picture and finger print. She asked to come back in 2 weeks to get the GNIB card and I reckon would be given till June end as per Stamp 4 letter.
I totally dint expect this as my friends who got their Stamp 4 said it was straightforward and no fuss.
My heart was beating so fast when the lady initially had a moure at me. Thought she would say my mom had to leave the country and reapply from home country.
I hope this helps.
Just wanted to share my experience.
Not sure if this will have an impact on my mother's RC application.
I appreciate any thoughts from the forum members and what you think about the chances of approval?.
Many thanks for your response. Appreciate it!notrouble wrote:
Just a quick comment on your experience. The immigration officer who spoke to you is not fully aware of the EU Directive and I am not too surprised. I have seen it in many countries across the EU now...
The fact is that your family member does not even have to be legally in the country, or in case of Schengen countries can enter on a stamp/visa issued by a different member state. So even if your mother was illegal at the time, there is nothing that lady officer could have done. This should no have any influence on your right as an EU Citizen to be with in Ireland your family. So I am sorry you had to listen to all that nonsense.
The block appears to be on certain processing centers/nationalities. My wife was issued with a visa within 10 days last month. However we made it quite clear we would not be doing a 'Surinder Singh' and showed clearly if we wanted a UK visa we could get one.Hamza2013 wrote:Hi Fessy
That will make no difference, please see below link:
Irish government are stopping the cases deliberately,
raja.brit wrote:Dear All,
I am a British Citizen. Moved to Ireland last October and working since then. My mother visited me to UK mid last year and moved her last November to Ireland based on UK Family Visit Visa. She was stamped 2 months visa in Airport.
Submitted my mother's EU1 application in December last year and got my temporary Stamp 4 letter few days ago.
I submitted all the documents and the Stamp 4 letter didn't state for any need for any further additional documents and that the application has been accepted.
Went to local garda to sort the GNIB card few days ago.
The immigration officer looked at Ireland Entry Stamp which said it was visit for 2 months and started mourning about we terribly abusing the system and that I should have applied for the correct Visa from home country for my mother before she entered Ireland.
She also pointed out mother's UK Visit C visa and said that it is for visit purpose only for both UK and Ireland based on which Ireland stamped 2 months visit.
I told her I dint know about it and will keep in mind for future reference. Told her she did intend to visit initially but decided to live here and hence applied for RC.
She did have her moment and said that a lot of people are doing the same thing and this abuse will come to an end soon. She then took my mother's picture and finger print. She asked to come back in 2 weeks to get the GNIB card and I reckon would be given till June end as per Stamp 4 letter.
I totally dint expect this as my friends who got their Stamp 4 said it was straightforward and no fuss.
My heart was beating so fast when the lady initially had a moure at me. Thought she would say my mom had to leave the country and reapply from home country.
I hope this helps.
Just wanted to share my experience.
Not sure if this will have an impact on my mother's RC application.
I appreciate any thoughts from the forum members and what you think about the chances of approval?.
Aaron-Law wrote:
Hi RajaBrit,
I know it sounds a bit vague but the guys at the Garda desk have no understanding of the EU law and they think that everyone is just skipping or jumping the system. Actually the Garda have no right to question you nor your mother in regards to the residency rights or the method or the change in your personal circumstances.
As soon as they say things like that they have just breached your right to, "freedom of movement."
I had emailed GNIB and CC'd Treatyrights unit with a similar question and asking if GARDA had explicit authority over questioning NON-EEA national dependants of an EEA national (when they come to register their biometric data etc; at the Garda office for the 6 month stamp) and they didn't have anything substantiating their claim. Furthermore, I believe that it could have been a case of Xenophobia. It's unfortunate that your mother had to go through this.
Trust the system not the small people. Ireland is a beautiful and hospitable country.
I hope you guys don't face any more of those idiots again.
Thank you,
Best regards,
Aaron.
I have no idea if Nigeria is on the 'blocked list' but if I was to guess I would say yes it was.Fessy wrote:Hello Shakey,
Do you think the delay may not affect applicants from Nigeria. My family submitted her application yesterday. I don't know which country your wife applied through.
Anyways fingers crossed.
Thanks.
Thanks for response Aaron. Really appreciate your time and assistance.Aaron-Law wrote:
Hi RajaBrit,
Firstly; relax, there is nothing explicitly drafted stating that a non-EEA national dependant of an EEA national family member should hold a residency permit or equivalent whilst travelling together.
Secondly; even if your mother had no visa or residency (eg. even if her status was precarious), so long as she is a family member of an EEA national who is exercising his/ her treaty rights the dependant non-EEA national should be treated as if they are an EEA national or equivalent.
The most a host country can do is, put the relationship or the dependency to test. That would only be such as for them to ascertain the relationship/ dependency.
Let's say in your case, as long as you are exercising your treaty rights, your mother is solely dependant on you and you have documentary evidence (i.e.: your birth certificate, financial support etc.) they should be able to sort her residency.
I hope this helps.
Thank you,
Best regards,
Aaron.
Hi kak, I'm great to hear from your sharing. My wife is Malaysian too.hudaj101 wrote:Hi All,
This is my first time replying to this forum and im very much grateful for all the information given on this site..it has prompted me to come to ireland with my British husband last October 2015 because applying a spouse visa in the UK was impossible.. I am Malaysian and i applied for the EU1 application on the 23rd Dec 2015..i got a response from the INIS on the 9th Feb 2016 (which is quite fast to my surprise) requesting for some documents which i couldnt submit earlier such as my husbands Tax Credit & P60 as we had not received them during the time of application.
They also gave me a letter to submit to Garda for my Stamp4 which expires on 22/07/2016. Ive already gotten my Stamp4 card and stamp on my passport from my local garda station as mentioned in the letter to do so.
Now im just waiting for the 5 year RC inshaallah good luck everyone and if u have any queries, please feel free to ask