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Could you not just get a new passport via your country's Irish mission? Without a passport, how are the GNIB going to endorse your Stamp 3 condition?dahmane wrote:hi huys ,i called GNIB about the stamp 3,i got no valid passport and they said u need new passport,by any chance if any one get this stamp3,with no valid passport ,pleas contact me and let me know what i sould do ,many thnaks
Has the DoJ sent you a letter confirming that you have been granted Stamp 3?dahmane wrote:i donit have new passprot,and i am illagle ,and can i egt the stamp 3,i got the refusal letter from doj,last year and any one got good advise,thanks
I understand. Your passport was valid when you came here and when you applied on EU1, but it's since expired. You have been refused EU1 (due to 3(2)?) and are looking to get Stamp 3 in the interim. Tricky one, I honestly don't know the answer, but I suspect you'd have to return to your country of origin to obtain a new passport, then come back to Ireland.dahmane wrote:i am illagel and i did get any thing from DOJ,,iget the resusal letter last year,,any chance to get the stamp3,thanks benifa
Which is irritating, because they lose original documents, in my experience.Zucker wrote:We went to the Garda Immigration, Burgh Quay, Dublin this morning to lodge application for EU1. After enquiring, we got told that EU1 applications are only handled by mail and should be either left in a box with the security guard or send by registered mail.
GNIB/DoJ/INIS should, IMHO, urge people to apply for EU1/EU4Fam as early as possible. Scam-applications can then be filtered as early as possible, and of course falsely issued permits can (and should) be revoked, if proven "marriages of convenience".Article 23
Related rights
Irrespective of nationality, the family members of a Union
citizen who have the right of residence or the right of perma-
nent residence in a Member State shall be entitled to take up
employment or self-employment there.
Article 25
General provisions concerning residence documents
1. Possession of a registration certificate as referred to in
Article 8, of a document certifying permanent residence, of a
certificate attesting submission of an application for a family
member residence card, of a residence card or of a permanent
residence card, may under no circumstances be made a precon-
dition for the exercise of a right or the completion of an
administrative formality, as entitlement to rights may be
attested by any other means of proof.
If this would still apply, it would be a direct contradiction to the following:---------- Forwarded message ----------
From: solvit@entemp.ie
Date: Fri, Aug 22, 2008 at 5:18 PM
Subject: Re: EU Treaty application
To: Christian
Dear Mr,
The Irish SOLVIT Centre are not experts in Immigration law so we cannot give a legal response to your questions. However, previously the Department of Justice clarified the issues of non-EU spouses of EU citizen not being permitted to work while their application for residency is pending.
The Department of Justice explained that a third country national spouse of an EU national is dependent on their 'eligible' EU national spouse to assert their EU Treaty Rights. It is not enough for a third country national spouse to state that they are eligible by showing a marriage certificate at the point of entry. To obtain EU Treaty Rights, both the non-EU spouse and the EU national must engage in an administrative process to establish the 'acquired rights' before they can be acted on. To do so, the couple must go through the administrative process in the host Member State. Where an EU national wants his/her third country national spouse to be a beneficiary of Directive 2004/38/EC, the EU national has to provide evidence that he/she meets the relevant criteria.
On arrival in the State, a third country national spouse/partner of an EU national receives a stamp 3 in their passport at the port of entry by the local Immigration Officer. A stamp 3 entitles the bearer to visitor conditions only. In the context of EU Treaty Rights (i.e. the intention to reside in the State for more than 3 months) stamp 3 conditions apply until such time as the decision on the EU Treaty Rights application of the third country national is issued (within 6 months from the receipt of the correctly completed application). If the third country national is successful and is issued with an EUFAM residence card, their status will be amended in their passport to a Stamp 4, which allows the applicant to work/engage in business in the State. If the applicant is refused EU Treaty Rights, the application may be considered under national provisions.
(...)
Article 23
Related rights
Irrespective of nationality, the family members of a Union
citizen who have the right of residence or the right of perma-
nent residence in a Member State shall be entitled to take up
employment or self-employment there.
Article 25
General provisions concerning residence documents
1. Possession of a registration certificate as referred to in
Article 8, of a document certifying permanent residence, of a
certificate attesting submission of an application for a family
member residence card, of a residence card or of a permanent
residence card, may under no circumstances be made a precon-
dition for the exercise of a right or the completion of an
administrative formality, as entitlement to rights may be
attested by any other means of proof.
