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Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
Hi Obie,Obie wrote:For permitted family member, the minister has imposed a new requirement , which is that, the relationship should not have been established for the objective of seeking residence rights in the state or in memberstate .
So they could refuse if they think it is for Surinder singh .
I second this, but with a slight twist? Is Surinder Singh affected? I.e. family members of an Irish citizen returning to Ireland after a period of residence in UK? Thank you for sharing your interpretation.Aaron-Law wrote:Hi Obie,Obie wrote:For permitted family member, the minister has imposed a new requirement , which is that, the relationship should not have been established for the objective of seeking residence rights in the state or in memberstate .
So they could refuse if they think it is for Surinder singh .
Good Evening!
Has any Non-EEA dependant parent or parent-in-law obtained a stamp 4 (complete 5 year residency card) in Ireland and then tried the Surinder Singh route to the EEA national's country?
Has this been successful for anyone yet? Please advise.
Thank you,
Warm regards,
Aaron.
Obie wrote:Further analysis of the regulations .
http://brophysolicitors.ie/the-european ... ions-2015/
yes, but that would entail someone going through the hurdle of it. no one wants to be first in an unchartered territory, you know...Aaron-Law wrote: It will only be a matter of time where a serious case goes to ECHR picking one of these issues and end up being rewarded costs/ compensation for such breach by the Irish authority/ government body. It's a shame that people don't think about the Tax payers wallet before structuring such things.
Was not this always the case? I remember reading that since permitted family members were never automatically entitled to join their EU family members, their applications had to be thoroughly examined before they would be rejected or approved?Obie wrote:
Negatives for Permitted family members.
1. A more detailed examination will be undertaken on their case, before they will be awarded this status.
To be honest, it never was easy for permitted family members. I know of a very small number of cases that were successful from the very beginning. I might be wrong, but I feel that the new guidelines are in fact easier and more straightforward in terms of guidelines. But this might be just on the surface.Obie wrote:
2. new form EU 1 A is being promulgated.
Things like extent , duration and nature of dependency will be taken into account.
The minister will then decide if they are Permitted family members.
The length of time for which they have been a member of the Union Citizens household will also be considered.
The minister has imposed a notion of abuse of rights like the UK, where a person may be refused on the basis of abuse of rights. Similar to the UK , but not as drastic and inhumane like the UK, who are removing Union Citizens for a period of 12 months if there is abuse of rights.
Marriage of Convenience is further defined as a marriage contracted in the State or outside it for the sole purpose of securing rights of residence.
But it appears the Irish authorities has taken a leaf of the UK book, wonder why that would have happened, and make their regulations as complex and cumbersome as possible.