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Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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brownbonno
Member
Posts: 176
Joined: Tue Dec 05, 2006 12:02 pm
Netherlands

Post by brownbonno » Sat Jun 23, 2007 10:45 pm

dsab85 wrote:OK, you continue to hang onto that straw, and I continue living my life ...

And btw... I am still not convinced 8)
There is no need to be confrontational,this forum is for sharing of valuable ideas.Equally,people may also learn from others practical/professional experience.The world is all about learning.
Knowledge is Power
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archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Sat Jun 23, 2007 11:20 pm

Well, hopefully Ireland will sign up to the Charter of Fundamental Rights of the New E.U treaty. This will provide one more valuable point for us that the Irish government cannot spilt up families just because one spouse is not European.

From the International Herald Tribune.
FUNDAMENTAL RIGHTS

The deal confers legally binding force on the existing Charter of Fundamental rights, an exhaustive list including the right to freedom of speech and religion, shelter, education, collective labor bargaining and fair working conditions. It will be legally binding on 26 of the 27 EU members. Worried by the impact on business and its venerable legal system, Britain insisted on an opt-out.
http://www.iht.com/articles/2007/06/23/ ... glance.php
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walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Mon Jun 25, 2007 2:42 pm

brownbonno wrote:
dsab85 wrote:I am not sure why so many people see the Jia case as important in the context of our situation.

As far as I understand the Jia Case was about the residence permit for a non-eu parent of a non-eu spouse (who was legally resident in Sweden due to being married to a german citizen). I am not a legal expert, but that's a completely different situation to ours.
Yes,since you are not a legal expert.Certains things should be accepted ----hook and linen.Otherwise we will be running around in a circle.
The judgement was quite clear '' 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.''
ever consider that family reunification under eu law might mean that the non eu spouse should be married before his or her eu spouse has exercised his or her right to travel to another eu state? in otherwords actually being members of the family of a eu member
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