Your Rights Explained

[CloggieVodka]

All,

See below for a well-laid out document giving just the information one needs when one comes to Ireland... all rights easily explained by criteria!

Many thanks to Runie for providing the info!

some more info to read

http://www.immigrantcouncil.ie/family-matters.htm


Internal document from emigrant advice
-------> http://www.emigrantadvice.ie/Rights%20a ... 202007.pdf

[archigabe]

I'd add this page to that.
http://www.mrci.ie/know_rights/index.htm
http://europa.eu/scadplus/leg/en/s17000.htm
http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf
http://www.immigrantcouncil.ie/handbook.htm
http://www.mrci.ie/publications/documen ... Rights.pdf
http://www.mrci.ie/publications/index.htm
http://www.emigrantadvice.ie/Rights%20a ... 202007.pdf
http://www.iccsi.ie/information/index.html
http://europa.eu/scadplus/leg/en/lvb/l33152.htm

link to explanation on various stamps.
http://www.mrci.ie/know_rights/legalsta ... idency.htm

Refugee information service.
http://www.ris.ie/default.asp


Directory of Migrant Led Groups in Ireland.
http://www.immigrantcouncil.ie/mlco.htm

Free movement and Residency rights of undocumented spouses of EU nationals
http://www.mrci.ie/news_events/document ... 07_000.doc

[archigabe]

Residency should be granted to spouses irrespective of nationality...ie it does not matter that the spouse is a third country national.Secondly,the Irish government cannot even apply their National law on residency except to 'extended family'.This is a clear case of misinterpretation by the Irish government on the power of their national legislation (S.I 656/2006) over E.U families

From Directive 2004/38/EC, it is clear that national legislation only applies to extended family members (in-laws,cousins) and not spouses. The DOJ have no right to use their national legislation to refuse E.U1 applications for spouses.
Here's the relevant part of the Directive 2004/38/EC.

http://eur-lex.europa.eu/LexUriServ/Lex ... 048:EN:PDF

(5)The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of ‘family member’ should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage.

(6)In order to maintain the unity of the family in a broader sense and without prejudice to the prohibition of discrimination on grounds of nationality, the situation of those persons who are not included in the definition of family members under this Directive, and who therefore do not enjoy an automatic right of entry and residence in the host Member State, should be examined by the host Member State on the basis of its own national legis-lation, in order to decide whether entry and residence could be granted to such persons, taking into consideration their relationship with the Union citizen or any other circumstances, such as their financial or physical dependence on the Union citizen.

Their rejection of E.U1 applications and their application of Irish S.I 656 on E.U families completely violates E.U treaties.

See EIND case also.

http://www.immigrationboards.com/viewto ... highlight=

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Status of third-country nationals who are long-term residents

Council Directive 2003/109/EC of 25 November 2003 concerning the status of third-country nationals who are long-term residents.

http://europa.eu/scadplus/leg/en/lvb/l23034.htm
http://europa.eu/scadplus/leg/en/s17000.htm

[vino22]

Hi Guys,
I have been living in UK for the past 5 years in student visa. I have got an interview in ireland for a research post. I called up the irrish embassy in london to enquire about the visa for attending interview. They said I cannot obtain visa to ireland from irish embassy in Uk, as my current student visa runs out in june. They need my current UK visa to be valid untl july,2008 ( I cannot extend my UK student visa now, as I have to finish my Phd viva first and then apply for any valid UK at a letr stage) . I enquired Visa facility services(VFS) back home (India), who said I can post my documents to them and they can forward my passport to Irish embassy in India. But I am planning to travel to Ireland directly from UK. I dont know how far it is possible to apply for Irish interview visa by posting the documents to irish embassy in India, as am currently resident in UK. But VFS said it is possible. Kindly advice me about any other possibilities, if ther are any. Any valid suggestions are appreciated.

[vda]

Was looking for an answer for an hour now, no luck. Here's the question:

I was working in Ireland, but then quit and now have found another employer, again in Ireland. But I am not in Ireland at the moment, so I will need to fly back. I am not from EU country (Ukraine).

I still have GNIB card and it has not expired (valid till July 2008). Visa which was issued to me, though, expired (it was for 3 months only). It seems to be common practice - all my former co-workers which were foreigners also had such "short" visas and "longer" GNIB cards.

Guys, in your experience, do I need to have a new visa in order to cross the border, or GNIB card (and, naturally, passport) is enough?

Law seems to be a bit confusing. It seems to say that GNIB and a passport stamp ("Permitted to remain till XXX yadda yadda"), which was stamped in passport when I got the card, seem to allow me to _stay_ in the country, but does not allow to _enter_ it. wtf?! So I am asking, what happens in practice in airport? Do you guys (those who travel) have visa in addition to GNIB card and stamp in passport?

[archigabe]

Couples whose E.U1 applications are refused or waiting can apply for rent assistance/medical card and unemployment benefits if their family income falls below a certain level while their cases are being sorted out. Contact your local community welfare officer.
Do also contact your solicitor to see if claiming unemployment benefits while waiting E.U1 decision can harm your application as you being a 'burden' on the state.

[maiadestinee]

Yes!! Nice information that you have shared with us.

Thanks for sharing this nice link.

Thank you very much....

[archigabe]

If there is a change of status or your address, do write in to the E.U treaty rights section to update them.

http://www.inis.gov.ie/en/INIS/Pages/EU ... cumstances