EU 1 Application

[Obie]

Hi,

I sent my application about a month ago but has yet to receive an acknowledge. I called the department and they said they sent an acknowledgment 2 days after they received it. They told me it might have been misplaced.

My passport, acknowledgment missing is causing me huge headache as i cant register with the police and most of the document i said could not be accounted for.

i was asked to provide further documentation, when the initial one i sent has been misplaced.

can you advise me what to do.

Also how does Ireland deals with article 3(2) cases.Do they approve if you can prove you have lived in same household as EEA national and supported by her aswell

[Directive/2004/38/EC]

You have your passport?

Ask them to send another acknowledgement letter, or ask them for the post office tracking number for the original acknowledgement.

[Obie]

They haven't provided me with the tracking number, neither have they offered to track it. They only told me to wait and see if it get delivered to them again, the passport unfortunately hasn't been sent either.The process has been going on for weeks and there seem to be no progress

[Directive/2004/38/EC]

I would suggest you be active with them. Insist that they send you a Letter of acknowledgement today. You will need it if you want to travel or if you want to work while the EU1 is being "considered". If they refuse, explain that you will have to take it up with Solvit and with the European Commission.

[Obie]

Hi

If they sent an acknowledge without a passport, will that be any good.

The GNIB people has said they will not register me without a passport.

Back to square 1.

It takes a long time to obtain a passport from my country, and worst of it we don't have a consulate in Ireland.

Would i need a re-entry if i want to travel

[Obie]

Hi everyone,

I just received a letter from the department stating they have enclosed all my documents and a letter to take to the GNIB to register my presence in the state.

Unfortunately this appears to be an invisible letter , as there was no letter in the envelope sent.

There was no explanation for the inaccurate statement they previously made that my document had gone missing.

My brothers passport was not sent, the department said they want to check the authenticity and are unsure when the process will complete.

They did not even send him an acknowledgment or allow him to work whiles their so called check is on-going.

Is this a normal occurrence in the Irish immigration or is it just me.

Can anyone provide us with advice on what to do now.

Regards All

[Directive/2004/38/EC]

Contact Solvit http://eumovement.wordpress.com/help-eu-solvit/

[Obie]

Hi Guys i went to INIS today and was told that non- EEA national Family members of EEA citizen can only be issued with three month Stamp 4, whiles their application is pending.

However i explained to the officer that the law says 6 months. He promised he will check and i should come in again on Tuesday.

I found this quite extraordinary and disgusting actually the way the Irish change the EEA rules on a regular basis.

I called the department to confirm with them, but they could not give me a straight answer.

The letter i was told was sent 8 days ago informing me to report for registration, seems to has lost again on transit for a second time.

It is been about two month now, no acknowledgement, no stamp 4 and no work, because of the incompetence of these people or deliberate actions i dont know.

I also want to know what would happen to non-spouse family member of EEA national if they choose to stay in the member state after the EEA national has left.

[guttu]

hy ..thanx for info ...
i am in more bad condition than yours
i have submited my application in september 2008 its been 7 months now and still i didnt got any letter from DOJ ... and i dont know when ever i tried to ring them and wotever i asked the reason never got the proper answer,, But ani how i met a solicitor and now llets see what happens ..


And i want to ask u that u was in Immigration office so what did they asked u for 3 months stamp4 ... did they asked u how u entered or all that kind of crazy questions or did they just saw ur marraige cert and ur partner is with u and gave u 3 months stamp easily .. because i am also planing to go to immigration for 3 months because i want to Travel for 2 weeks outside ireland and i have no visa nothing ,, so if u can give me some info about yesterday what they asked or what was the process i will be thankful ..

God bless

[Obie]

Hi Guys,

I got a reply from DOJ about minister's letter to take to Garda for registeration.

They initially told me they sent it 3 weeks ago, however i received a reply today saying it will be sent in due course, and that they hadn't send it as was previously informed.

What do they mean by due course. I thought that letter is meant to be issued immediately on receipt of application.

Can anyone shed light on this for me

[Directive/2004/38/EC]

Obie,

Contact Solvit for their assistance. http://eumovement.wordpress.com/help-eu-solvit/

[Obie]

Hi guys ,

I contacted solvit about the fact that the letter i received from the minister which states that another letter is enclosed, which i should use to register with the GNIB, was not sent and when i contacted DOJ via their infamous email address, i was told my application is been dealt with in the office-which i already know, and that i will hear from them in due course.

I sent them another email and finally i got a reply saying they haven't sent the letter as of date and they will contact me in due course.

SOLVIT said they can't do much until after 6 month, even though article 10 0f the Directives states that a certificate of application should be issued immediately, which should enable applicant to work and study whiles their application is being processed.

Does anyone have an idea what i can do next

[Directive/2004/38/EC]

Since you have the time, you might consider making a complaint in writing to the European Commission and to the European Parliament

[Buzz]

Please I would appreaciate some help from members of the forum.

My wife is a british citizen and we relocated to Ireland about a month ago, unfortunately she hasn't been able to find employment.
She also registered for a FAS course but hasn't received any notification from them.

I have submitted the EU1 application but they are requesting for proof of employment , studying or benefits which we do not have.
So i was wondering if we could go thru self sufficiency and how much would constitute sufficient funds, also do the funds have to be in an irish account?

Thankks for your anticipated help

[Directive/2004/38/EC]

Your funds do not need to be in an Irish account, though that certainly makes it easier to get access to them if you need them.

To be considered self sufficient, you may need to have medical insurance and may need to have enough money to match the minimum welfare payment in the country you are in.

Note that your wife does not need to be working full time or earning a specific amount of money. She can work part time at McDonalds (or whatever), and that is sufficient.

You can also be working right now if you wish. No need to wait for EU1.

Finally, note that you are not required to leave Ireland if your wife can not find a job within 3 months. As long as she is actively looking for work, you and she can stay for longer. I am not clear there is an upper bound on how long. But in the mean time they are not required to issue the EU1 to you.

[Obie]

Your funds do not need to be in an Irish account, though that certainly makes it easier to get access to them if you need them.

To be considered self sufficient, you may need to have medical insurance and may need to have enough money to match the minimum welfare payment in the country you are in.

Note that your wife does not need to be working full time or earning a specific amount of money. She can work part time at McDonalds (or whatever), and that is sufficient.

You can also be working right now if you wish. No need to wait for EU1.

Finally, note that you are not required to leave Ireland if your wife can not find a job within 3 months. As long as she is actively looking for work, you and she can stay for longer. I am not clear there is an upper bound on how long. But in the mean time they are not required to issue the EU1 to you.

It theory the directive says you can work. In practice the Irish usually refuses to issue applicant with the proper acknowledgment which will enable them to receive PPS and GNIB Card "this is from a personal expirence". You should pressure them.

The other option is for your wife to provide them evidence she is actively seeking work and has a realistic prospect of securing one. She can even consider doing some business or self-employment direction or even student. The self-sufficient is usually for retired people , however she might work. I do believe it will better off be in your Ireland account as it show you want to resident in Ireland in good faith.

[Obie]

Hi Guys,

Has anyone registered lately with the GNIB for temporary stamp 4 , whiles EU 1 application is pending.

This seem outrageous, but after nearly 3 and the half months , the long awaited letter arrived and i went to the department 4 times before being told today that the minister's letter is not valid and that they need to receive theirs before they can register me and also that this might take about 3 week.

How ridiculous.

An order of the 4 events and excuses

1. Chief immigration officer is unavailable

2 Individual responsible for processing the stamp 4 is on leave.

3. Individual responsible is unwell, alcohol induced.

4. Child is unwell

5. Finally i was told copy of minister's letter is yet to be received. That it usually arrives before mine is received and that the authenticity of mine is questionable.

I informed the officer that this is causing my EU family member loss of earning and undue stress due to the hours she has to wait with a young child, and he just shrug his shoulder.

When i mentioned that this is a violation of our rights the Dregs of the GNIB workforce responded rudely "What rights".

I did not dignify his response with an answer as my family member advised me not to as it will be an unwise thing to do.

There medieval work ethos is speedily becoming a tremendous source of ridicule, would you guys not agree.

[iamanalien]

Note that your wife does not need to be working full time or earning a specific amount of money. She can work part time at McDonalds (or whatever), and that is sufficient.

Is there a minumum limit.

Would working 10 hours for minimum wage be acceptable?

[Obie]

[/quote]

Is there a minumum limit.

Would working 10 hours for minimum wage be acceptable?[/quote]

10 hours work is absolutely fine. They have absolutely no right to impose any limit the last time i checked. According to the EU Law anyway.

But with the Irish DOJ being the DOJ i will not be surprised if they were to add some illegal clause to this at some time in the future

[Directive/2004/38/EC]

It has to be a real and substantial job. But it can be part time.

I don’t think it can be a fake job where you set up a company to pay yourself money and you do not have to do anything for the money. And I doubt a job of one hour per week would be very safe.

[Obie]

That right. It has to be a meaningful (not in terms of money earned though), genuine and effective occupation.

It is advisable for one not complicate matter or produce something absurd as they will go on you like a tonne of brick.

If a job is unavailable she can register with FAS as this is covered in the directive, or register for a course which she will be attending.

DOJ are complicating and confused enough to make matters even more complicating for them.

[Ben]

Hi Obie,

Those excuses you've been given by the GNIB are shocking.

Important to remember though, 6 month's Stamp 4 pending EU1 processing is Ireland's (new) internal process. It's not an automatic right nor an entitlement.

Of course, family members who have the right of residence do so by virtue of their relationship with the EU national. They have rights equivalent to what Ireland calls "Stamp 4" from the moment they enter the country.

The 6 month Stamp 4 card is indeed a welcome provision, to help ensure that the family member's rights are easily recognisable, but these rights are unaffected by the issuance or non-issuance of same.

[iamanalien]

Thank you so much for the advice. Much appreciated.

[Obie]

The 6 month Stamp 4 card is indeed a welcome provision, to help ensure that the family member's rights are easily recognisable, but these rights are unaffected by the issuance or non-issuance of same.

Ben thanks for your response.

I beg to defer with you on the last paragraph though. The reason being, Article 10 state that member state should issue a certificate of Application immediately as opposed to 3and half months after submitting application, and after having requested several additional documentations.The certificate of application is the equivalent to the minister's letter i think.

Article 23,24, and 25 deals with equal treatment, entitlement to employment or business activity and the fact that the exercising of these rights should not be dependent on producing a certificate of Application , or document attesting submission of application for the exercise of treaty.

I understand that the directive did not explicitly mention stamp 4 as it doesn't stamp4eufam that are issued by the Irish. In practice it require the Irish authority to issue a document providing the rights conferred or similar to those of stamp 4 or facilitate a means by wish non- EEA family members of EEA nationals can exercise their rights without stamp 4.

Therefore i think my rights are affected by the Irish authority non-issuance of a document awarding rights similar to that of stamp 4 and hence preventing me from either working , opening business or college.

The department of Justice are the ones who wrote a letter which doesn't seem to be coordinated or communicated ( deliberate act) to other parties, costing us 4 valuable day, loss of earning for my EEA family member, and intimidation by unprofessional and ignorant staff.

[Ben]

Hi Obie.

The reason being, Article 10 state that member state should issue a certificate of Application immediately as opposed to 3and half months after submitting application, and after having requested several additional documentations.The certificate of application is the equivalent to the minister's letter i think.

Any document affirming receipt of the EU1 form is a certificate of application. They used to merely stamp a section of the EU1 form, tear it off and send it back to the applicant. That is equally a certificate of application.

I understand that the directive did not explicitly mention stamp 4 as it doesn't stamp4eufam that are issued by the Irish.

It mentions that a Residence Card of a family member of a Union citizen must be issued within 6 months of application.

In practice it require the Irish authority to issue a document providing the rights conferred or similar to those of stamp 4 or facilitate a means by wish non- EEA family members of EEA nationals can exercise their rights without stamp 4.

Indeed, this is the Stamp 4 EUFam card - a Residence Card of a family member of a Union citizen, which is issued within 6 months of application. This is the document providing the rights conferred. The certificate of application is not, it is merely a document confirming receipt of an application for a document providing the rights conferred.

Therefore i think my rights are affected by the Irish authority non-issuance of a document awarding rights similar to that of stamp 4 and hence preventing me from either working , opening business or college.

But they are not obliged to produce such a document before 6 months from the date of submission of application for same.

The department of Justice are the ones who wrote a letter which doesn't seem to be coordinated or communicated ( deliberate act) to other parties, costing us 4 valuable day, loss of earning for my EEA family member, and intimidation by unprofessional and ignorant staff.

Agreed, they must issue a certificate of application (however form that may take) immediately. They are not, however, obliged to provide a 6 month Stamp 4 card. It's great that they do, don't get me wrong. But they're not obliged to - this should be remembered.