Ok, Signpost service does not do much good, however, if you feel the need to rant at someone... then they do certainly provide a listening ear...
The experience is like writing to a very disinterested though listening obudsman.
Here's a reply to our letter.
The letter addressed INIS lack of action in processing EU1 applications and the change in 'requirements' and furthermore asked if there will be any EU action in this matter..
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Reply
Thank you for your inquiry.
This is an issue that has been brought to our attention on numerous occasions by similar couples .i.e. EU citizens with a non-eu spouse seeking a residence permit in Ireland.
The requirement that you live in another EU country before moving to the host country (Ireland in this case) does not appear in any of the EU Directives. This appears to be a provision introduced by the Irish authorities.
Under EU law, the following family members, whatever their nationality, have the right to reside with you in the host Member State:
• your spouse (as in your case);
• the partner with whom you have contracted a registered partnership in a Member State, but only if the legislation of the host Member State treats registered partnerships as equivalent to marriage and in accordance with the conditions laid down by the host Member State;
• your descendants and those of your spouse or registered partner who are under the age of 21 or are dependants;
• your dependent relatives in the ascending line and those of your spouse or registered partner.
Member States must also facilitate the entry and residence of:
• other family members who are dependants or members of your household or who require your personal care due to serious health grounds, and
• the partner with whom you have a durable relationship, duly attested.
If the family members are EU citizens, they may be required to register with the competent authority, in which case they will be issued with a registration certificate.
If they are third-country nationals as in the case of your spouse, they will be issued a residence card, valid for five years or for the envisaged period of residence of the worker if this period is less than five years. Under EU law an entry visa may also be required by the host Member State (Ireland) to enter the territory of the host Member State.
Only the following documents may be required for issuing the registration certificate or the residence card:
• a valid identity card or passport; if the family members are third-country nationals, they must produce a valid passport;
• proof of the family relationship or of the registered partnership;
• the registration certificate of the worker or, in the absence of a registration system, any other proof of residence in the host Member state;
• in the case of dependant relatives, other family members or durable partnerships, proof that they fall into these categories.
Family members also qualify for the right of permanent residence after a continuous period of residence of five years in the host Member State. If they are EU nationals, they will be issued, upon application, with a document certifying permanent residence. If they are third-country nationals, they will be issued with a permanent residence card renewable every ten years.
They may retain, under certain specific conditions, the right of residence in case of divorce, annulment of marriage, termination of registered partnership, death or departure of the worker.
Members of the family who have the right of residence in the host Member State have the right to work in the host Member State whatever their nationality. If they are third country nationals, this means that no work permit will be required. They have the right to equal treatment, including the award of social advantages.
The children of the worker, whatever their nationality, have the right to education in the host Member State on the same terms as its nationals. This includes, for instance, a right to equal treatment in relation to study grants.
I wish to advise you that anyone may lodge a complaint with the Commission against a Member State about any measure (law, regulation or administrative action) or practice which they consider incompatible with a provision or a principle of Community law. For example, you refer to the EU1 application and the need to have lived in another EU country before this is granted. The only reason I can foresee for the Irish authorities introducing such a requirement would be special rules that they have enacted concerning or to prevent marriages of convenience and this might explain the requirement to have lived in another Member State as a married couple (but then of course there might be other reasons which you need to establish). Special rules on marriages of convenience exist in a number of EU Member States (Czech Republic, Ireland, Lithuania, Luxembourg and the UK). For example, under the Lithuanian rules all spouses married less than five years deserve special scrutiny. In Ireland, as you are aware, recently married couples have to provide extensive information on the history of their relationship.
If you wish to submit a formal complaint to the Commission you can use this form although you are not obliged to do so and you may also submit a complaint by ordinary letter:
http://ec.europa.eu/community_law/compl ... orm_en.rtf
You will see from the form that you can send the form in the link above by ordinary mail to the following address:
Commission of the European Communities
(for the attention of the Secretary-General)
B-1049 Brussels
BELGIUM
You may also hand in the form at any of the Commission’s representative offices in Ireland:
European Union House,
18 Dawson Street,
Dublin 2
Tel: (01) 634 1111
Fax: (01) 634 1112
E-mail:
eu-ie-info-request@ec.europa.eu
The advice given by the Signpost Service legal experts is independent advice and shall not be considered to be the opinion of the European Commission. As such it will not in anyway bind the Commission.
