*NEW* EU Treaty Rights FAQ on www.inis.gov.ie website

[greengrass]

Has anyone noticed this new FAQ?

http://www.inis.gov.ie/en/INIS/Pages/EU ... hts%20FAQs

here and the FAQ:
Q I wish to apply for EU Treaty Rights but don't know what form to fill out?

A - There are three forms for EU Treaty Rights
EU1 FORM – This form is to be filled up by each family member of a European Union, EEA or Swiss citizen who is not a national of an EU Member State and who intends to be resident in Ireland for more than 3 months.
EU2 FORM—This form is to be filled out by a European Citizen who has been resident in the Irish State for more than five years.
EU3 FORM—This form is to be completed by each family member of a European Union citizen who is not a national of a Member State and who has been resident in the State for more than 5 years.

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Q Where can I download the application form from?

A The forms are available here.

Form EU 1 - Application for a Residence Card
Form EU 2 - Application for a Permanent Residence Certificate
Form EU 3 - Application for Permanant Residence Card

You can find the application forms again by going to the website of the Irish Naturalisation & Immigration Service- INIS. www.inis.gov.ie and proceeding as follows
· Immigration
· Residency
· Dependents of an EEA National
· EU1 Form, EU2 Form, EU3 Form

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Q What documents do I need to supply with the application form?

A There is a checklist of documents that are required on the application form. When the application is received the EU Treaty Rights Section checks the documents submitted and requests any documents that are missing.

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Q Do I have to submit my original documents or can I send in copies of them?

A You have to submit the originals but once we receive them they will be sent back out to you by registered post. This may take up to one month.

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Q How long does it take for my decision to be made?

A Due to the heavy volume of applications it can take up to 6 months. When a decision has been reached the section will be in contact with you. A letter with your decision & any original documents on file will be sent out to you by registered post.

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Q I want to get my passport / documents back

A Since mid March 2007 once we receive a new application with original documents enclosed, we check , copy and return the documents immediately. Documents which were received before mid March, you should write a letter or email into the section quoting your 69 ref number, stating which documents you wish to be sent back to you. They will be returned to you by registered post.

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Q Can my case be prioritised?

A No. Applications are dealt with in chronological order of receipt.

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Q How can I find out the status of my application?

A To request an update on your application you can either phone the helpline on 01 6167700, option (3) and then option (2) or email the section at eutreatyrights@justice.ie. Please quote your reference number in all communications with our office.

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Q Where do I send my completed application to?

A
EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2

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Q. If my permission to remain expires before I get my decision, what can I do?

A. All applicants are in the State as application pending. You can attend your local Immigration Registration Office and you may be registered at the discretion of the Immigration Officer.
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Q What happens now if my application for a Residence Card as a non EEA family member of an EU citizen has been refused under Regulation 3(2) of S.I. No.656 of 2006?

A. The provisions of Regulation 3(2) require that in order to avail of residency rights in the Irish State under the provisions of the European Communities (Free Movement of Persons) (No. 2) Regulations, 2006, S.I. 656 of 2006,applicants must submit evidence showing lawful residence in another EU Member State priorto arrival in Ireland.

If insufficient or no evidence is submitted by the applicant in their application to satisfy this requirement then an EU Fam card granting residence for a five year period can not be granted and the application will be refused in accordance with Regulation 3 (2).

The vires of Regulation 3 (2) was recently upheld in High Court proceedings. An Appeal has been lodged to the Supreme Court in this matter.

As the provisions of Regulation 3(2) continue to have effect, persons seeking to assert their EU Treaty rights in Ireland need to satisfy the requirement in accordance with that regulation as to lawful residence in another EU Member State immediately prior to their move to Ireland.

Otherwise, their applications for permission to remain in Ireland will be considered under national criteria and procedures.

If you were legally resident in the Irish State at the time of your EU Treaty Rights application and had one of the following( permissions to remain in the State) Stamps in your passport i.e., Stamp 1, Stamp 2, Stamp 3,Stamp 4, and your application has now been refused.

It is open to you to return to your local Immigration Registration Office to enquire about renewal or regularisation of your permission to remain.

If you were not lawfully resident at the time of your EU Treaty Rights application (i.e. you had no entry visa or your permission to remain has expired) and your application has now been refused.

You will be issued with a notification under Section 3(4) of the Immigration Act, 1999 ( as amended) by the Irish Naturalisation and
Immigration Service (INIS).

You will be informed of the alternatives open to you which include removal from the Irish State and in that context you will be given an opportunity to make representations as to why you should not be removed.

If you were subject to an extant Deportation /Removal or Transfer Order.

Your file will be forwarded to the Repatriation Unit for appropriate action. All further correspondence quoting your file reference number should be forwarded in writing to

REPATRIATION UNIT,
INIS,
13/14 Burgh Quay.
Dublin 2

If you were an Asylum Seeker at the time of your EU Treaty Rights application and that application has now been refused and your asylum application has been processed to completion and refused

Your file will be forwarded to the Repatriation Unit for appropriate action. All further correspondence quoting your file reference number should be forwarded in writing to

REPATRIATION UNIT,
INIS,
13/14 Burgh Quay.
Dublin 2

or

if you are still awaiting a decision on your Asylum application or Appeal

then all further correspondence quoting your file reference number should be forwarded to the Office of the Refugee Applications Commissioner or the Refugee Appeals Tribunal as appropriate.

ORAC
79-83 Lower Mount Street,
Dublin 2

RAT
6-7 Hanover Street
Dublin 2

NOTE (please include details of any file reference number which may have been issued to you in any correspondence with INIS,ORAC or the RAT )

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EU Treaty Rights Section
Irish Naturalisation and Immigration Service-INIS
JULY 2007

[BigAppleWoodenShoe]

It's nice that they have created a FAQ, but there is no new information on it.

First you had to ask them to send back your documents, now they do it automatically. The email address you can now get in contact with is also very nice.
Although we are already over the 6 month limit, we haven't heard anything new from INIS so I guess that is more words than actions.