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EU1 documents delivered

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zaza7625
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EU1 documents delivered

Post by zaza7625 » Mon Nov 18, 2013 3:35 pm

Hi everyone
My EU1 application form with corresponding documents have just delivered today at Burg quay 13/14.
Did anyone go through with this issue before as how long would it take for the first interview? my visa valid till 21 of december and I would like to hope that for that period I get some notice from immigration office at least.
any suggestions appreciated .

Thanks

CalvinKlien
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Ireland

Post by CalvinKlien » Mon Nov 18, 2013 4:43 pm

There is no interview as such. In the next four weeks, yours and your partners original passports would be sent back to you and hopefully a temporary stamp 4 for six months would be issued. During the six months time, DOJ could ask you for further documents at different stages. so make sure you check your post every day.

There is a possibility that the Immigration can visit you and your partner at home and may be at your partner's work place for some checks but its rare. They will definitely call at your partner's work place to verify his/her employment.

All the best

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Mon Nov 18, 2013 6:20 pm

CalvinKlien wrote:There is no interview as such. In the next four weeks, yours and your partners original passports would be sent back to you and hopefully a temporary stamp 4 for six months would be issued. During the six months time, DOJ could ask you for further documents at different stages. so make sure you check your post every day.

There is a possibility that the Immigration can visit you and your partner at home and may be at your partner's work place for some checks but its rare. They will definitely call at your partner's work place to verify his/her employment.

All the best
thank you Calvinclien
please explain me what is a DOJ?
I am just wondering, during the 6 months period, my partner must work at all times in order my case to go through?
If someone intends to visit us, sometimes it happens so that my wife doesn't work because of casual work, or else if someone visits us, may be she (my wife) might be working during officer's visit.
and one more question please: when 6 months passes what happens than?
thanks very much

CalvinKlien
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Location: Dublin
Mood:
Ireland

Post by CalvinKlien » Mon Nov 18, 2013 7:09 pm

Hi zaza7625,

DOJ means "Department of Justice"

Yes, ur partner must be involved in an economic activity which involved ( Full time / part time work, Studying in a reputable university/college etc etc).

Your partner must be working for the next 5 years or should be involved in an economic activity as at the end of 5 years you have to apply for permanent residence card and without ur partner economic you will not be granted that....

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Mon Nov 18, 2013 7:19 pm

CalvinKlien wrote:Hi zaza7625,

DOJ means "Department of Justice"

Yes, ur partner must be involved in an economic activity which involved ( Full time / part time work, Studying in a reputable university/college etc etc).

Your partner must be working for the next 5 years or should be involved in an economic activity as at the end of 5 years you have to apply for permanent residence card and without ur partner economic you will not be granted that....
thanks for reply.
I am just wondering, we have 4 children and they need attention and care, so in this case what we have to do,there might be some solution saying authorities that mother has to look after the children as the mother care is very decisive in child's life whatsoever.
What if my wife not working and registered in FAS, is this taken into consideration by department of justice?
Thanks

jeupsy
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Post by jeupsy » Tue Nov 19, 2013 9:19 pm

Working or studying is the easiest way.

If she stops working you will have to rely on the fact that you family is self sufficient. If you are working yourself this could work, or otherwise you would have to show substantial savings or other sources of income which are enough to get the family going for a while - and it will not be as a black and white decisions as if she is working (ie they can say they are not convinced your savings are sufficient and deny the application; whereas as long as she is working they can't refuse the application).

Also shall you want to apply for permanent residence in 5 years, they will likely use any gap in her period of employment to deny it.

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Wed Nov 20, 2013 11:23 am

jeupsy wrote:Working or studying is the easiest way.

If she stops working you will have to rely on the fact that you family is self sufficient. If you are working yourself this could work, or otherwise you would have to show substantial savings or other sources of income which are enough to get the family going for a while - and it will not be as a black and white decisions as if she is working (ie they can say they are not convinced your savings are sufficient and deny the application; whereas as long as she is working they can't refuse the application).

Also shall you want to apply for permanent residence in 5 years, they will likely use any gap in her period of employment to deny it.
thanks for reply jeupsy.

So as far as I understood during the 6 months period and after the 6 months I would possibly be granted 4.5 years eufam, my wife has to continue working all time in order to apply me for permanent residency here?
As I know when I have a stamp4, I will be able to work, my wife will be working as well. so in this case who looks after the children it doesn't care DOJ?
Thanks

jeupsy
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Post by jeupsy » Wed Nov 20, 2013 1:12 pm

Definitely make sure she is working during the initial 6 months - if they find out she's not they will deny your application and you will be in an awkward situation.

Once your application is granted you get a Stamp 4EUFam for an extra 5 years. During that period she should be either working studying, or in involuntary unemployment (ie if she gets laid-off and doesn't find another job immediately it doesn't affect your rights). In practice they are unlikely to regularly check whether she is working so not much will happen if she stops working after you get the EUFam. But there is always a small risk in case you have to deal with INIS before the end of the 5 years and they ask for updated documents, and also it could catch-up with you later if you are planning to stay in Ireland long term. Overall it is not a huge risk but you'd better be aware of it .

Even if she was alone in Ireland and not sponsoring her family to join her, your wife would not be allowed to stay in Ireland longer than 3 months without working, studying, or being self sufficient (ie exercising Treaty Rights). The propose of the European Directive when it comes to non EU family members is to allow them to accompany their EU family members who are exercising Treaty Rights. It means that your legal status fully depends on your wife's - which can be inconvenient but the DOJ is following European law here.

Brigid from Ireland
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Post by Brigid from Ireland » Wed Nov 20, 2013 1:22 pm

Your wife only needs to work part time, but she does need to work. Some mothers register as self employed, and the key to this is to keep good records and complete all necessary paperwork. They sell baby clothes on the internet, or craft work like for example they make and sell birthday/Christmas cards, or they babysit/mind old people... This is considered exercising treaty rights, and she would need to declare an income of about six thousand euro per year from this in my opinion.

In my opinion, the best option for a family with children is for one parent to work 20 hours per week, as this gains the FIS payment.

Unless one or both parents has a qualification that allows them to earn a high wage, working 20 hours plus FIS is the best option, as it allows time to be spent with the children and gives a good income also.

You can actually be better off to work 20 hours plus FIS plus medical card plus help with rent (no help with rent if you work more than 30 hours) so between 20-30 hours work for one parent is the sweet deal.

The DOJ have no interest in your childcare arrangements. They require your wife to fulfil the conditions. However, if you live in Ireland legally for three years and then have another child that child is an Irish citizen, because citizenship is granted to child born in Ireland if parent legal for three years first (that is the current rule, it could change). In this case the non-EU parent is safe as soon as the Irish citizen is born, as they now have a right to stay in Ireland to look after the Irish child, under a ruling called Zambrano.

In your case I think you already have an older child who is an Irish citizen, so you can actually make your application under EUFAM and under Zambrano, and if you get it under Zambrano your wife does not need to work at all (Zambrano is based on the need for you to work to look after the Irish citizen child, so your wife working is not relevant. The only problem with Zambrano is that they sometimes refuse it if the child has not lived in Ireland for the whole time period since birth.) So you can apply under Zambrano also, and if you get under Zambrano you win, as wife does not need to work.
BL

zaza7625
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Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Wed Nov 20, 2013 5:18 pm

Brigid from Ireland wrote:Your wife only needs to work part time, but she does need to work. Some mothers register as self employed, and the key to this is to keep good records and complete all necessary paperwork. They sell baby clothes on the internet, or craft work like for example they make and sell birthday/Christmas cards, or they babysit/mind old people... This is considered exercising treaty rights, and she would need to declare an income of about six thousand euro per year from this in my opinion.

In my opinion, the best option for a family with children is for one parent to work 20 hours per week, as this gains the FIS payment.

Unless one or both parents has a qualification that allows them to earn a high wage, working 20 hours plus FIS is the best option, as it allows time to be spent with the children and gives a good income also.



You can actually be better off to work 20 hours plus FIS plus medical card plus help with rent (no help with rent if you work more than 30 hours) so between 20-30 hours work for one parent is the sweet deal.

The DOJ have no interest in your childcare arrangements. They require your wife to fulfil the conditions. However, if you live in Ireland legally for three years and then have another child that child is an Irish citizen, because citizenship is granted to child born in Ireland if parent legal for three years first (that is the current rule, it could change). In this case the non-EU parent is safe as soon as the Irish citizen is born, as they now have a right to stay in Ireland to look after the Irish child, under a ruling called Zambrano.

In your case I think you already have an older child who is an Irish citizen, so you can actually make your application under EUFAM and under Zambrano, and if you get it under Zambrano your wife does not need to work at all (Zambrano is based on the need for you to work to look after the Irish citizen child, so your wife working is not relevant. The only problem with Zambrano is that they sometimes refuse it if the child has not lived in Ireland for the whole time period since birth.) So you can apply under Zambrano also, and if you get under Zambrano you win, as wife does not need to work.
thank you very much. the information given by you is very helpful, needful and concrete. thanks

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Wed Nov 20, 2013 5:19 pm

jeupsy wrote:Definitely make sure she is working during the initial 6 months - if they find out she's not they will deny your application and you will be in an awkward situation.

Once your application is granted you get a Stamp 4EUFam for an extra 5 years. During that period she should be either working studying, or in involuntary unemployment (ie if she gets laid-off and doesn't find another job immediately it doesn't affect your rights). In practice they are unlikely to regularly check whether she is working so not much will happen if she stops working after you get the EUFam. But there is always a small risk in case you have to deal with INIS before the end of the 5 years and they ask for updated documents, and also it could catch-up with you later if you are planning to stay in Ireland long term. Overall it is not a huge risk but you'd better be aware of it .
Thanks jeupsy, your information is very good and I will take into consideration of what you said
Even if she was alone in Ireland and not sponsoring her family to join her, your wife would not be allowed to stay in Ireland longer than 3 months without working, studying, or being self sufficient (ie exercising Treaty Rights). The propose of the European Directive when it comes to non EU family members is to allow them to accompany their EU family members who are exercising Treaty Rights. It means that your legal status fully depends on your wife's - which can be inconvenient but the DOJ is following European law here.

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Wed Nov 20, 2013 6:21 pm

Brigid from Ireland wrote:Your wife only needs to work part time, but she does need to work. Some mothers register as self employed, and the key to this is to keep good records and complete all necessary paperwork. They sell baby clothes on the internet, or craft work like for example they make and sell birthday/Christmas cards, or they babysit/mind old people... This is considered exercising treaty rights, and she would need to declare an income of about six thousand euro per year from this in my opinion.

In my opinion, the best option for a family with children is for one parent to work 20 hours per week, as this gains the FIS payment.

Unless one or both parents has a qualification that allows them to earn a high wage, working 20 hours plus FIS is the best option, as it allows time to be spent with the children and gives a good income also.


You can actually be better off to work 20 hours plus FIS plus medical card plus help with rent (no help with rent if you work more than 30 hours) so between 20-30 hours work for one parent is the sweet deal.

The DOJ have no interest in your childcare arrangements. They require your wife to fulfil the conditions. However, if you live in Ireland legally for three years and then have another child that child is an Irish citizen, because citizenship is granted to child born in Ireland if parent legal for three years first (that is the current rule, it could change). In this case the non-EU parent is safe as soon as the Irish citizen is born, as they now have a right to stay in Ireland to look after the Irish child, under a ruling called Zambrano.

In your case I think you already have an older child who is an Irish citizen, so you can actually make your application under EUFAM and under Zambrano, and if you get it under Zambrano your wife does not need to work at all (Zambrano is based on the need for you to work to look after the Irish citizen child, so your wife working is not relevant. The only problem with Zambrano is that they sometimes refuse it if the child has not lived in Ireland for the whole time period since birth.) So you can apply under Zambrano also, and if you get under Zambrano you win, as wife does not need to work.
Brigid from ireland: please let me know as how long takes whole zambrano process to be granted as such?
i have just sent my EU1 app form with docs and wondering if I apply for zambrano, these two cases would not be mixed up to each other?
In case of good solicitor, do I have a chance to qualify as a zambrano applicant?
cheers.

zaza7625
Member of Standing
Posts: 307
Joined: Thu May 21, 2009 11:03 pm
Georgia

Post by zaza7625 » Wed Nov 20, 2013 6:38 pm

Brigid from Ireland wrote:Your wife only needs to work part time, but she does need to work. Some mothers register as self employed, and the key to this is to keep good records and complete all necessary paperwork. They sell baby clothes on the internet, or craft work like for example they make and sell birthday/Christmas cards, or they babysit/mind old people... This is considered exercising treaty rights, and she would need to declare an income of about six thousand euro per year from this in my opinion.

In my opinion, the best option for a family with children is for one parent to work 20 hours per week, as this gains the FIS payment.

Unless one or both parents has a qualification that allows them to earn a high wage, working 20 hours plus FIS is the best option, as it allows time to be spent with the children and gives a good income also.

You can actually be better off to work 20 hours plus FIS plus medical card plus help with rent (no help with rent if you work more than 30 hours) so between 20-30 hours work for one parent is the sweet deal.

The DOJ have no interest in your childcare arrangements. They require your wife to fulfil the conditions. However, if you live in Ireland legally for three years and then have another child that child is an Irish citizen, because citizenship is granted to child born in Ireland if parent legal for three years first (that is the current rule, it could change). In this case the non-EU parent is safe as soon as the Irish citizen is born, as they now have a right to stay in Ireland to look after the Irish child, under a ruling called Zambrano.

In your case I think you already have an older child who is an Irish citizen, so you can actually make your application under EUFAM and under Zambrano, and if you get it under Zambrano your wife does not need to work at all (Zambrano is based on the need for you to work to look after the Irish citizen child, so your wife working is not relevant. The only problem with Zambrano is that they sometimes refuse it if the child has not lived in Ireland for the whole time period since birth.) So you can apply under Zambrano also, and if you get under Zambrano you win, as wife does not need to work.
Brigit from ireland: could you give me an information whether there is an application form for zambrano? if no, how can I apply for it?
Thank you

Brigid from Ireland
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Post by Brigid from Ireland » Sun Nov 24, 2013 8:37 pm

All correspondence in relation to the Zambrano Judgment should be sent to:

Repatriation Division,
INIS,
13-14 Burgh Quay,
Dublin 2

The child must be 'ordinarily resident' in Ireland in order for Zambrano to apply. I think your chances of getting Zambrano are higher if you get EUFAM on basis of being spouse of EU citizen first. Then try to change to Zambrano, making the case that your child is now 'ordinarily resident' as you have EUFAM and intend to stay in Ireland and that you want Zambrano instead of EUFAM because your wife 'does not wish to be obliged by economic necessity to engage in labour to the neglect of her duties in the home' when the children are young. That phrase comes directly from the Irish constitution, and it would be the precursor to your family taking a Supreme Court case arguing that the refusal to grant Zambrano forced your wife to continue working and that this is repugnant to the Irish Constitution. It would be a messy case, so any individual with brains would move you to Zambrano fast, as losing that type of case would be difficult for the government. It raises all sorts of issues, none of them pleasant for the government.
BL

jinkazama_11
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Post by jinkazama_11 » Thu Dec 05, 2013 7:34 pm

I have sent the application yesterday and it was delivered this morning. When i tracked the parcel it say delivered to some parcel centre in Dublin 12 @6:10.
This is confusing, is there anyone like a security guard at 13/14 burgh quay @ 6 in the morning. It weired it says delivered to parcel centre rather than actual destination

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