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so we got decision of eu1 app from ireland but yeah it was refused, we are in uk under the family permit and sending our 6 + months of our time in ireland to uk home office soon, i am guessing status of eu1 has no bearing on the uk residence on the ss route???? we still have temp GNIB card from ireland, also do i need to let irish immigration know we left the country? rang my job and land lady and saw that we left :/ we feel bit stupid for not waiting few more weeks to get it but my wife being pregnant panic us to get back into uk as soon as possible, have we made a big mistake or will we be ok in the uk???

You could argue with the department of Justice, that the continuity of your residence has not been broken, as the reason for leaving the Irish state was due to pregnancy and child birth. Therefore you are entitled to the Residence Card for which you applied, and the refusal was wrong in law.

robsters wrote:so we got decision of eu1 app from ireland but yeah it was refused, we are in uk under the family permit and sending our 6 + months of our time in ireland to uk home office soon, i am guessing status of eu1 has no bearing on the uk residence on the ss route???? we still have temp GNIB card from ireland, also do i need to let irish immigration know we left the country? rang my job and land lady and saw that we left :/ we feel bit stupid for not waiting few more weeks to get it but my wife being pregnant panic us to get back into uk as soon as possible, have we made a big mistake or will we be ok in the uk???

Sorry to hear that Rob,
But what was the reason for refusal on letter states?

Obie wrote:You could argue with the department of Justice, that the continuity of your residence has not been broken, as the reason for leaving the Irish state was due to pregnancy and child birth. Therefore you are entitled to the Residence Card for which you applied, and the refusal was wrong in law.

would i complain to EU solvit on this? reason for refusal was because rang my job and my land lady both of them said we left for england, bit of a stupid reason to refuse us!

Thinking of it logically, why would you be issued with a residence permit when you are no longer resident?

Casa wrote:Thinking of it logically, why would you be issued with a residence permit when you are no longer resident?

But thinking of it legally, he is entitled to be out of Ireland for a period of 6 months in a year, or 12 months for pregnancy or maternity, without his residence being affected.
For a Residence to be refused because a person is away, is not legally consistent.

Even in the UK where there is violation of EU law, this does not usually happen. A person's application will continue to be valid even if they are outside the country.

Casa wrote:Thinking of it logically, why would you be issued with a residence permit when you are no longer resident?

From published EU1 guidance.
Ref: http://www.inis.gov.ie/en/INIS/Form%20E ... eaflet.pdf

... should apply for a residence card if they intend to reside in the State with the Union citizen for more than 3 months.

- perhaps caseworker was not persuaded of OP's intent.

5. Changes in circumstances
If your circumstances change (such as a change of address, a change in family status, or a change in the activities of the EU citizen) you must inform the EU Treaty Rights Section in writing immediately. Failure to do so may result in your application being refused.

The obligation is on the applicant at all times to provide satisfactory evidence as outlined below and to notify this office of any changes to their circumstances in accordance with Regulation 11(2) and 11(4) of the Regulations.

- it is understandable if caseworker applied section 5 of the published guidance when routine checks failed to detect the presence of OP in the state;
(and with no additional explanation or notification from applicant found in the file).

From the published guidance mere failure to notify changes in circumstance is stated to be enough grounds for refusal.

Procedurally, the application is judged on it's merits (& any/all supporting evidence) in order to issue a card that simply confirms status.

If there is insufficient information to determine the status that the card is intended to confirm then a refusal would not be unexpected, (according to the guidance).

I'm not sure if I'm missing something here....but if the applicant has left the country, where would the FP be sent. i.e I assume the Eire accommodation address was the one given on the application?

Casa wrote:I'm not sure if I'm missing something here....but if the applicant has left the country, where would the FP be sent. i.e I assume the Eire accommodation address was the one given on the application?

It's all moot, OP is quite clear in the forum he has left Eire to live in UK; it would have been a simple courtesy to share same with his previous host country.

http://www.immigrationboards.com/eea-ro ... l#p1246814

we dont really wanna go back to ireland it cost us so dearly being there pretty much bankrupt now with a child on the way

http://www.immigrationboards.com/irelan ... l#p1251564

we plan to remain in the uk anyway

You are completely right case,
My husband just his eu stamp 4 last week in Dublin. The week the permit was issued my work was called.

I think in robs case the landlord was called because employer said he had left and as casa pointed out, if you no longer reside in the address where will the letter for the stamp 4 be sent.
So I think challenging the decision is a waste of time especially since the stamp 4 won't be used anyway and even though it seems it's a breach of EU law, inis has a good reason for the refusal.
Robster focus on applying for your wife's eea in the UK, she won't be kicked out of the country, she's about to have a British baby, even if eea fails on col cos I know that's your main concern, she can always fall back on Zambrano so don't be all negative thinking of the worst situation.

Try n be positive about the whole process. In though you would have done the eea application by now. You have been back in UK for a while

yeah we want to get the EEA application sent off this week as we been back in the UK a whole month now, (on side note does anyone know if u have to show proof of address of the uk residence for the EEA2 application?) is waiting to long to submit it a bad idea? its taken some time to get through the form and get all paper work together, want to make sure its 100% what did u mean about the zumbro ? thingy/???

robsters wrote:yeah we want to get the EEA application sent off this week as we been back in the UK a whole month now, (on side note does anyone know if u have to show proof of address of the uk residence for the EEA2 application?) is waiting to long to submit it a bad idea? its taken some time to get through the form and get all paper work together, want to make sure its 100% what did u mean about the zumbro ? thingy/???

Zambrano (not zumbro)
http://www.ein.org.uk/blog/how-zambrano ... egulations

cool, cheers how would this work i guess would be going to court, also have i waited to long to send the EEA2 ? we are sending it this week, do we need to inc proof of uk address in the application?

Others have more knowledge and experience on Zambrano that I do.

yeah not to worried about that for now what i mean is for the SS route on the 5yr uk residence card, do we need to supply paper work to show where we live in the uk? or is it purely just the irish paperwork?

You don't need to include proof of addy but u obviously will fill in ur UK address details. Read the form Robster. The instructions are simple

Casa wrote:Others have more knowledge and experience on Zambrano that I do.

Zambrano is not engaged in a case like this.

Surprised that it was even suggested.

Obie wrote:

Casa wrote:Others have more knowledge and experience on Zambrano that I do.

Zambrano is not engaged in a case like this.

Surprised that it was even suggested.

I thought that might be the case Obie, which is why I avoided advising and hoped you would step in.

hi guys its ok, yeah we got most form filled out now with as much extra documents as possible, we submitted a lot with the family permit so we are hopeing this will be ok

Hi Robster,

Just out of curiosity what form did you fill in considering
the fact that you were denied a family permit in a EU country?

If you are pursuing Surinder Singh route the sponsor must
be a national of the country and have had exercised their
treaty rights in another EU country.
I hope all goes well for you, but see if you can answer the above.

Thank you,
Regards,

Aaron.

sorry to hijack thread.
we applied for eu1 a week before 3 months visa was due to expire.
we haven't heard anything yet for the last 6 weeks.
can we travel back to uk and apply for eea2 without the 6 month stamp in passport or is it better to wait.
4.5 months spent in state so far.

thanks for help guys