Stamp 4's - new info - please read!

[megmog]

Hi everyone,

So i just got an email from Solvit.. they have recieved new information from DoJ..

Please see http://www.entemp.ie/trade/marketaccess ... solvit.htm

This means, from what I can gather from Solvit (just clarified) that anyone who applied for EU1 who was legal in Ireland at the time (tourist visa etc.) and who has been rejected/is going to be rejected because of the regulation " previous residence in another EU member state" can go to their local immigration office (usually local garda station where they have immigration officer) and can apply for regularisation... eg. Stamp 4.

I will post more info when i get it.

Oh, and apparently the DoJ has informed local immigration officers of this change!

[BigAppleWoodenShoe]

This means, from what I can gather from Solvit (just clarified) that anyone who applied for EU1 who was legal in Ireland at the time (tourist visa etc.)

No, anyone who had a legal stamp in his pasport (stamp 1,2,3,4,5 or 6) at the time of his residence application can get that renewed pending the desicion of the high court in the Kumar case.

From the website:

If the applicant was legally resident in the Irish State at the time of the application and had one of the following Stamps in their passport – Stamp 1, Stamp 2, Stamp 3, Stamp 4, Stamp 5 or Stamp 6 – the applicant can return to the local Immigration Registration Office to enquire about a renewal, or regularization, of permission to remain in the State.

Anyway, it is some good news, not for me though. I hope that the people that already have a stamp can make use of it.

[kevarms]

When my wife arrived she didn't get any of those stamps mentioned. It just says "For the purpose of....Reside".

[limey]

When it comes to EEA/EU treaty rules, the Irish immigration system seems to be an utter and complete shambles right now!

[checo]

To: megmog

Wow! Finally good news, thank you for that link! ))

[archigabe]

I assume what megmog means is that aside from what's written on the DETE site,he has additional info from SOLVIT that DOJ will issue the appropriate stamp as long as you are here legally.

[dsab85]

That means that hundred of EU nationals will have to leave the country (if they don't want their non EU spouses to be "deoprted") because their wife/husband has the wrong passport. That's disgraceful, IMO (assuming that the Info on the dete website is final and no other provisions will be made).

Thank god we made the move to the UK in time.

[megmog]

I am due to speak to my local immigration officer later on today to find out if this change is actually being implemented and who can get it/when/what you need to take,

will keep you posted!

[megmog]

what a surprise... my immigration officer knows nothing about it!

[Sahil]

Guys .... i just want some info regrading this.

My stamp 2 visa expired on 30 June'06 and i applied EU 1 on 28th July'06 ....... so is that mean that i am not entitled to get stamp 4 ????

Thanks in Advance !!

Sahil

[megmog]

i believe what you are saying is correct sahil, that unfortunately you would not be entitled.

unless you had another stamp/visa covering that period in between?

i still dont know if this is actually going to happen.. apparently the GNIB knows nothing about it! so it remains to be seen whether or not they will issue anything..

[archigabe]

Guys .... i just want some info regrading this.

My stamp 2 visa expired on 30 June'06 and i applied EU 1 on 28th July'06 ....... so is that mean that i am not entitled to get stamp 4 ????

Thanks in Advance !!

Sahil

I think it's a good possibilty you may be eligible.No harm in trying.
We can try calling the Dept. of Justice tomorrow on their helpline and ask them about their policy of issuing the Stamp to people who are here legally.

[kevarms]

what a surprise... my immigration officer knows nothing about it!

I am also quite amazed to hear that.

[checo]

Guys, my friend went today to Burgh Quay and got Stamp 3 for 6 months. He is married to EU national and his EU1 application was refused previously. He paid EUR 100 for that. He cannot work, but can travel in/out.

[greengrass]

Guys, my friend went today to Burgh Quay and got Stamp 3 for 6 months. He is married to EU national and his EU1 application was refused previously. He paid EUR 100 for that. He cannot work, but can travel in/out.

wow, that's interesting! meaning that they will just benefit from the people who really want to visit their family in their homecountry. how would you call this? in my words, excuse my french, it's exploitation of migrant workers. the EU spouse is the only one earning the bread and would need to pay the 100 euros to have her husband travel with her as well. double punishment... the GNIB should have given a stamp 4 when the non-EU spouse entred in Ireland with a D-type "Spouse of EU citizen"" entry visa, imho.

think about it:
- GNIB never informed us about this until recently
- now the same GNIB is doing this!
this makes me feel so "exploited".

<This is just my feeling and my expression. It's not meant to offend anybody/>

[checo]

Another news from Burgh Quay. My wife just left that place after 5h waiting. The haven't given her anything. They said she is illegal as the stamp in her passport is over 1 year expired (doesn't matter that she has been waiting for her EU1 application over the illegal period of time and that it was not her fault!). She said she has a friend who was there (in Burgh Quay) this morning and got 6 months stamp 3 (pls. read my previous post) - They said: "Tell your friend to come back and we will cancel it!"
She said that she red news on the website of Dept. of Enterprise, Trade & Employment, that she can get her Stamp 4 (http://www.entemp.ie/trade/marketaccess ... solvit.htm) and showed them the print-off of it and they kept saying that she is illegal.
What's wrong with this country? It is starting to piss me off...

[microlab]

She may get a stamp 3 only if she was refused,not before that.
While her application is under consideration she is not illegally in the country,more like a "limbo" status.

[groebben123]

It's a pitty. When they have a good notice, no one knows anything and at the end there are more questions than before...

Perhaps you can help us further with our querstions. We are still on pending for the EU1 form and because we are waiting for 3 month now we don't count for the decission before the end of next week !

1 question: What happens now with the decissions? They still get all denied and you have to go to the immigration office again to claim this decission and they will give you the stamp there? Or do they give now directly with the decission the note for the stamp 4?

2 question: We applied directly 3 weeks after our arriving here in Ireland for the EU1 form. My wife got directly a stamp at the immigration office for 3 month so that she is legal and we have time to apply (I don't think that is some special stamp, it says only "10/3"). So she was during her application 100% legal here in Ireland. Does it mean that she gets at the end a stamp 4?

The information they gave are a little bit rare - like always. I hope really yyou can help us with this.

[greengrass]

Another news from Burgh Quay. My wife just left that place after 5h waiting. The haven't given her anything. They said she is illegal as the stamp in her passport is over 1 year expired (doesn't matter that she has been waiting for her EU1 application over the illegal period of time and that it was not her fault!). She said she has a friend who was there (in Burgh Quay) this morning and got 6 months stamp 3 (pls. read my previous post) - They said: "Tell your friend to come back and we will cancel it!"
She said that she red news on the website of Dept. of Enterprise, Trade & Employment, that she can get her Stamp 4 (http://www.entemp.ie/trade/marketaccess ... solvit.htm) and showed them the print-off of it and they kept saying that she is illegal.
What's wrong with this country? It is starting to piss me off...

your friend might try this:
http://www.entemp.ie/labour/workpermits/marriedtoeu.htm
a illogical way to convince the friendly people of the GNIB to give a stamp for 12 months and it's free of charge.
telling your friend that she stayed illegal in the State is wrong because their spouse is an EU spouse. Somehow, she would have had a valid entry visa otherwise she has never entered Ireland. As long as your friend is not a danger to the Irish society and as long as the EU spouse is caring well for her there is nothing to be afraid of (in theory) and in my opinion.

I personally don't want to go back to the Immigration Officers without an official letter from the DoJ or DETE. They won't read extracts from citizeninformation.ie or extracts from the inis website. I've tried to defend myself/my wife in front of them before but it doesn't matter. They have made up their mind when they see your face. They want to see letters, therefore I also want to see letters from them otherwise we don't get anywhere and wait 5 hr for nothing (which is disgraceful! by the way, an example of being inefficient).

Personally, I don't know if my wife would use the "empoyment permit for EU spouse" since it seems to be a temporary "work around" from a different department. It will work for 1 year (that's what is says in the website). I've called them and the guy there told me that the processing would take about 2-3 weeks (fast-tracked). at least you will get the stamp 3 and it's free... i hope what i said is correct. let me know how you are doing. don't allow the immigration officers to make urself feel hopeless. stay positive.

take care

[greengrass]

It's a pitty. When they have a good notice, no one knows anything and at the end there are more questions than before...

Perhaps you can help us further with our querstions. We are still on pending for the EU1 form and because we are waiting for 3 month now we don't count for the decission before the end of next week !

1 question: What happens now with the decissions? They still get all denied and you have to go to the immigration office again to claim this decission and they will give you the stamp there? Or do they give now directly with the decission the note for the stamp 4?

2 question: We applied directly 3 weeks after our arriving here in Ireland for the EU1 form. My wife got directly a stamp at the immigration office for 3 month so that she is legal and we have time to apply (I don't think that is some special stamp, it says only "10/3"). So she was during her application 100% legal here in Ireland. Does it mean that she gets at the end a stamp 4?

The information they gave are a little bit rare - like always. I hope really yyou can help us with this.

answers. i'm sorry if they would be disappointing. this is what i know with the latest news
1) offically, Solvit is still waiting on an answer from Department of Justice. The head of Solvit Ireland has request the number of couples affected. Until the official answer and finalized policy is publiced to Solvit and sent to the people who are rejected, we only speculate.
2) my wife received exactly the same stamp! my has entered the country with D-type "spouse of EU citizen". we received rejection a few weeks ago after 7 1/2 months of waiting for this rejection. some people have to wait 11 months, see in the forum. according to EU rights, your wife is legal even without a invalid passport. as long as your wife (non-eu spouse) has a proof of ID like birth cert and legalized marriage cert and that you (eu citizen) can take care of her and that you are not a burden to the irish society, you just need to work. even not working for a short period will not make u a burden to the irish welfare system.
we all don't know if she gets the stamp 4. we thought, we would. if your wife has stayed with you for at least 6 months legally together with you in another EU country and you can prove that and you send this as prove, only then they will give a temporary residence permit. many of us don't meet this requirement. again, the requirement is not stated in the Directive 2004/38/EC.
you can already start by collecting evidence that you have a genuine and "real" and legitimate marriage.- Register marriage in your EU country (if you have not done this yet). -Register this with your embassy in Ireland.- Ask for a EU identity card at your Embassy in Ireland which states that you're married with your wife. Register your wife also as a tenant, together with you on the utility bills, have a joint bank account. Also send this all to the Department of Justice EU Treaty Rights, together with a letter with the facts and your wife's situation in Ireland.
In the meantime you might use this work around option so your wife can work during the long time of waiting...
http://www.entemp.ie/labour/workpermits/marriedtoeu.htm

take good care and wish you both all the best

[archigabe]

1 question: What happens now with the decissions? They still get all denied and you have to go to the immigration office again to claim this decission and they will give you the stamp there? Or do they give now directly with the decission the note for the stamp 4?

2 question: We applied directly 3 weeks after our arriving here in Ireland for the EU1 form. My wife got directly a stamp at the immigration office for 3 month so that she is legal and we have time to apply (I don't think that is some special stamp, it says only "10/3"). So she was during her application 100% legal here in Ireland. Does it mean that she gets at the end a stamp 4?

The information they gave are a little bit rare - like always. I hope really yyou can help us with this.

There is a possibility you will be denied unless you and your wife have both lived in another E.U country before.
Read through Sahil's post here with his recommendation for the appeal proceedure
http://www.immigrationboards.com/viewto ... 6&start=20

[Carlipao]

hi well i was reading everything about EU1 and at the last you write that is possible that persons that were legal here while they presented this application can get a stamp for work here, well this at least !!! anyway my cuestion is if somebady try to go to the immigration to see what happen there because there people are very especial and i dont know if they already know about this; if somebady went please write what happen there.
Any way i will go and i will see what happen,but before i would like to know this!!

[greengrass]

hi well i was reading everything about EU1 and at the last you write that is possible that persons that were legal here while they presented this application can get a stamp for work here, well this at least !!! anyway my cuestion is if somebady try to go to the immigration to see what happen there because there people are very especial and i dont know if they already know about this; if somebady went please write what happen there.
Any way i will go and i will see what happen,but before i would like to know this!!

-Your wife gets the employment permit from the DETE after about 2-3 of application
- your wife will go with the letter that she is will be permitted to work for 12 months, etc to the GNIB
- GNIB will give a stamp for 12 months that she is allowed to work, according to DETE the stamp is not renewable.

Anyways, you're not bringing a document from a website this time! You are bringing a document from the DETE, the same as what non-EU spouses of non-EU workvisa holders can do.
There are cases that this works and those are also here on the forum.

Sorry for saying to much information in my previous post.

[jooopo]

This morning, I went to Burgh Quay as well but everybody told me that's not possible to get a stamp 4 or another stamp because we are still waiting an answer of DOJ after we appealled of the decision. The guy told me we will probably have to wait again 6-7 months in order to get an answer! I've shown the document that I have printed out concerning the stamps I can get (according solvit and DETE) but the guy was very surprised and talked a long time with his supervisor. He just told me they don't do anything like this. He confirmed me that I'm still legal in this country with no rights at all!!! It's really a big mess...

[petereliot1]

thank you for the new information. this means we can have a good night sleep today since our eu1 form was submitted guys me and my wife had reached a boiling point where all hope was lost we have spent all our resources and now are left on the mercy of the decision by justice department.
please do post some more information on the ongoing stuff. thank you
At this moment any ray of hope seems to bea gift from god.
best of luck to all