How long till you get temp stamp 4 after making application

[rachel29]

Hi

Could some one please help me we have made a application under eu treaty rights my husband is not being allowed to work as is he should be able to do under eu law. He had been told that he could get a temp stamp 4 from gnib but when he went was told they would not issue unless he made application under eu treaty rights even though it was eu treaty who told him to go to gnib. We have made the application nearley 4 weeks ago now and they keep sending letters asking for documents to add to our application even though we have provided more than is needed under eu law and explaind any documents we do not have we have gone to solvit bt they do not seem to get that my husband is being held back by not getting this temp stamp 4 while his application is being processed although they are dealing with our other issues. The letter keeps saying applcation will be processed further when documents recieved , does this mean no temp stamp till then? :?:My husband has already a eu residence under this directive from when we lived in other eu country.

[IQU]

you should write letter to eu treaty right explain them your husband have already residence card issue from such country.he is offer job in ireland.you will provide them another document when they will be aviable .so time being please issue your husband temporary stamp 4.can you please write in the details what another documents they want from you.in the meantime also contact your embassy and solvit.good luck

[knapps]

rachel..plz provide the list of documents you submitted with the application and then provide the list of documents they need


Your post is not clear:-)
by all means your hubby must get a temp stamp during this process...check another GNIB office

[rachel29]

Hi we have already wrote to the eu treaty stating these things and sent them the residence from other eu country.

We supplied to date:

Health insurance
rental contract
5 years eu residence in schengan country as spouse card
eu residecne in schengen letter
supports bank statements
supports pay slips
support letter
fas registering letter
bank letter-mine and my husbands
pps letter both for my self and husbands
hospital letter
insurance letter
letter detailing how utilites paid
marriage certificate- original and certifed translation
my passport
husbands passport
birth certificate- mine and husbands
flight info from when we arrived
bank statment -mine
deposit slips from support in to my account
p45 from last job in april which was in uk

We also have sent these items to solvit and the mep , and forwarded the relivent parts o the eu law and the advise from eu direct, your advice, and solvit to the EU treaty divison.

[koded]

Are you exercising eu treaty right by either working, self-employed or studying?
What are the documents they are requesting?
With the documents you submitted they should be able to provide your husband with temp. Stamp4 since you lodged application and application has been accepted for processing.
Residence card issued by other member state is not a requirement for EUFAm4 application.

[rachel29]

we are applying under self sufficent with third party support which is allowed under eu law. But irish are say this is not allowed we have checked with the eulaw and it is and we have checked with solvit and it is and also the mep has chekced this out and it is allowed as well we had also residence in other eu country under this criteria as well. They are keep asking for utility bills even though we have explained this, prtb and then bank statments/resources although we have also supplied this as well. They also in the last letter requested a letter of benefit claims which I cant get as have not made a claim and the welfare will not issue a letter stating am not claiming as i have not made a claim, p45 , p60 and fas registration letter which I had already supplied. When I contacted them about the benefit letter and not being able to get they then said as sufficent funds I dont need to supply these documents. Although we are apply under self sufficent I am also registered as a job seeker.

[koded]

I am not sure if resources 3rd party is supported as means of sufficient resources. It may be much better if the resources are transferred into your own account.
But as I said earlier your spouse should be issued with temp. stamp 4 provided you have made an application under eu law. And other remaining documents should be sorted out as the application is being processed.
I will advise you get a solicitor to assist you in making the application otherwise your spouse may not be issued with temp. stamp 4. Your solicitor should be able to advise you on what to do.

[rachel29]

National authorities must take into account the personal situation of the EU citizen
concerned but they can, when necessary, undertake checks on the existence of the
resources, their lawfulness, the amount and availability. Resources from a third party must
be accepted.

This is stated in the guide to free movement 2010.

http://ec.europa.eu/justice/policies/ci ... nt_low.pdf ( page 19)

We have also checked this with solvit and the Mep has also checked this and it is allowed.

[rachel29]

COMMUNICATION FROM THE COMMISSIONTO THE EUROPEAN PARLIAMENT AND THE COUNCIL
on guidance for better transposition and application of Directive 2004/38/EC on theright of citizens of the Union and their family members to move and reside freely withinthe territory of the Member States

2.3. Residence of EU citizens for more than three months
2.3.1. Sufficient resources
Article 8(4) prohibits Member States from laying down a fixed amount to be regarded as
"sufficient resources", either directly or indirectly, below which the right of residence can be
automatically refused. The authorities of the Member States must take into account the
personal situation of the individual concerned. Resources from a third person must be
accepted26.