EU4FAM stamp and EU fees assessment

[treefriend]

Dear Folks,
Hope everyone is we'll. We are having problems with my dependent sister's tuition fees assessment, whoes dependency is recognised by Minister of justice and has been granted EU4FAM stamp in 2013. She is 19 years old and is still dependent under irish family law.

Both I and my wife have been living in EU for last 7 years and supporting our non-eu sister before she arrived in the state. She has finished irish leaving cert and got admission via CAO in DIT. Her fees grant application is currently being assessed by SUSI. Under article of EU directive, we expect equal treatment for our sister as a state national. http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

However ,to our surprise, we are told that DIT assess fees status for students independently and is totally separate than SUSI.

DIT has just told us that as our sister has not lived in EU for last three years, therefore she has to pay international fees which we don't have. It means she is unable to continue her first level of education.

Can someone please advice/share a own experience? We are really worried and looking for any sign of light so that our sister does not miss her study.

Thanks

[jeupsy]

Sorry I don't have personal experience to share, but I can confirm it is also my understanding that as long as your sister holds a stamp 4EUFam any government funded organisation should treat her the same as an EU citizen and it doesn't matter for how long she has been living here.
So as long as DIT's subsidies to offer EU fees are coming from public finds they have to give it to up here (I don't really know the how they get finders but I assume this is the case).

I assume you have shown directive 2004/38/EC to them already?
If yes and they haven't replied yet I wound open a case with solve-it. Your case seems quite straight forward and once put in front of the facts by another government body they will most likely relent easily.

[CalvinKlien]

I don't have personal experience either. However your sister is not granted refugee status and not holding Irish travel document so that she could get fee exemption.

To my opinion what ever DIT has said is correct by law because ur sister is granted 4EUFAM and that she have to exercise her treaty rights on individual bases for at least 3 years for fee exemption.

Might be someone else can help further but this is my best advise i can give.

Good Luck

[treefriend]

jeupsy
Thanks for your response. I am going to share article 24 with DIT and have also written to EU advice center.

I read on one thread here on immigrationboard, that student in similar situation had o fight hard with UCC to get the exemption.

I am going speak with our TD and solvit.

Will update everyon one here

[Directive/2004/38/EC]

Definitely talk with solvit.

Have they given you their reason for the non-local Fees in writing? Would you mind sharing here the exact words they used?

[treefriend]

Definitely talk with solvit.

Have they given you their reason for the non-local Fees in writing? Would you mind sharing here the exact words they used?

Hey Directive,
They have been very conscious about it and only said on the phone that it is going to be rejected. But we are fighting hard and has sent them following email this morning. DIT head of international office is going to call me. I will let you all know soon. I will definitely ask for decision in writing. I have will also involve solvit and has asked for advice from EU advice centre.

My today email to DIT
Under the Article 24 of Community legislation 2004/38/EC , family member of EU nationals are entitled to the same treatment as the nationals of member state, so to require that family member of EU national pay any fees would be in breach of Community legislation.

[Directive/2004/38/EC]

When you talked with them, as precisely as you can remember what words did they use?

[treefriend]

When you talked with them, as precisely as you can remember what words did they use?

Their words were

"We can assess your sister application on your EU wife, however As your sister has not lived in Ireland or any other EU state for more than 3 years, therefore it is very likely that my manager is going to reject your sister application for fees exemption and she has to pay international fees. She has also just received the stamp4. I will ask my manager to call you"

I am waiting for this call for last three days.

[treefriend]

When you talked with them, as precisely as you can remember what words did they use?

My wife has just received following reply from EU advice centre which is confusing and more in line with what DIT (concerned institute) is saying

In response to your enquiry, a candidate will qualify for EU fees where they meet the following criteria:

- They are a national of an EU member state and are residing in an EU member state for three of the five years prior to the commencement of the programme.
- They are a national of an EU member state and have received all their post-primary education within an EU member state
- They have been in full-time employment in an EU member state for three of the last five years prior to the commencement of the first year of the course. This applies to candidates over the age of 23
- They have been ordinarily resident in an EU member state for three of the five years prior to the commencement of the programme and their parents have been in full-time employment in an EU member state for three of the five years prior to the commencement of the programme. This applies to candidates under the age of 23

According to this reply, our dependent sister ,as she has not lived in EU for 3 years, does not qualify for a EU rates. Totally contradicting article 24 of community. Or maybe I am not understanding something here.

Plz advice

Thanks

[CalvinKlien]

I am NOT discouraging any one here but as your sister has not resided in the EU state for over 3 years I am very much confident that DIT will not allow her EU fees, However, on human rights ground she might be eligible.

Anyway, keep us posted plz, will be interested to know the outcome.

All the best

[treefriend]

I am NOT discouraging any one here but as your sister has not resided in the EU state for over 3 years I am very much confident that DIT will not allow her EU fees, However, on human rights ground she might be eligible.

Anyway, keep us posted plz, will be interested to know the outcome.

All the best

Any non-eu student on stamp 2 who has spent 3 years in Ireland can avail EU fees status. So It means that there is no difference between student on stamp 2 vs student on EU4FAM stamp as long as they both stayed in Ireland for more than 3 years as both can avail EU fees rates.

In my current pursuit, I am also trying to find answer for this confusing point.

[CalvinKlien]

@ treefriend

I am a live example, i was on EUFam and had my under grad degree from University of Maynooth, in 2007. At the time i was on EUFam over three years and they accepted my application as an EU student. They were very specific about my proof of working / residence in the EU for at least three years.