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Directive/2004/38/EC Guru
Joined: 25 Oct 2006 Posts: 6418 Location: does not matter if you are with your EEA family member
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Posted: Wed Jul 28, 2010 9:55 am Post subject: |
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I am sorry to hear you left Ireland. You might consider suing the DOJ if leaving Ireland has cost you a lot of money. To me it looks like they messed up badly, though I do not know a whole lot of details of your case. _________________ Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
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adamkara Newbie
Joined: 10 Jul 2010 Posts: 9
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Posted: Wed Jul 28, 2010 6:37 pm Post subject: |
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| they messed up more than 10 famıly every day and most of them they dont have a chance to leave and waıt almast 1 year to get f... ırısh resıdent card but ı have enough money and tıme for me and my famıly,I ll show them how to make a paın ın turkıye and canada. there ıs lots of ırısh comıng here and lıvıng , but game ıs over for them |
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archigabe Moderator
Joined: 26 Jan 2006 Posts: 1352 Location: Dublin
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Posted: Thu Jul 29, 2010 8:07 am Post subject: |
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I would also recommend
https://e-justice.europa.eu/home.do
| Quote: | | The European e-Justice portal – an electronic one-stop-shop for access to justice throughout the EU. The web site intends to benefit citizens, businesses, lawyers and judges with cross-border legal questions; it boosts mutual understanding of different legal systems by contributing to the creation of a single area of justice. |
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riseen Junior Member
Joined: 16 Jun 2011 Posts: 25 Location: United Arab Emirates
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Posted: Mon Dec 12, 2011 9:14 am Post subject: |
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Reply from Your Europe Advice service on Residency rights of Non EEA parents of Irish chil in Ireland based on Zambrano Judgement;
It is certainly arguable that you have a right to reside in Ireland with your Irish child based on the Zambrano case. However, the matter is not entirely clear. I am not surprised that you are receiving mixed messages from other States. The Zambrano case is relatively recent and the full implications of the case have yet to be drawn.
In your case, it appears that the entire family is residing outside Ireland. If this is the case, you could rely on the fact that the refusal by Ireland to allow your child to take up residence in Ireland deprives your child of his right as an EU citizen to reside in the EU. In Zambrano, the Court of Justice established that the EU citizen concerned must face a potential deprivation of the ‘genuine enjoyment of the substance of the rights’ conferred by virtue of the status of Union citizenship. The applicant’s children in Zambrano faced the threat of the most far-reaching deprivation of their rights as Union citizens, running the risk of having to leave the territory of the Union. However, the difference between your case and that of Zambrano is that in Zambrano, the family continued to reside in the EU.
If it is the case that your child is residing in Ireland but you, as his parents, are being refused residence, you could again rely on both Zambrano and on the recent Dereci C-256/11 ruling of the Court of Justice which provides that if a refusal to allow a family member to reside in the EU with an EU minor would lead to a loss of enjoyment of his rights as an EU citizen and may force him to leave the EU, the refusal would be in breach of EU law.
You should appeal the decision of the Irish authorities to refuse to grant residence to you. If the appeal is unsuccessful, you may wish to consider referring the matter to the Irish Immigration Council at www.immigrantcouncil.ie which can both advise and assist citizens where alleged breaches of EU rights of free movement have occurred.
I trust that this information is of assistance to you.
Yours sincerely,
Your Europe Advice
To submit another enquiry, please visit Your Europe Advice, but do not reply to this e-mail.
Yours sincerely,
Your Europe Advice |
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