EU SPOUSE MINISTER PROPOSES TO REFUSE... PLS HELP

[Davinci4040]

Hi guys,

My wife is British and we both have an irish son who's only 8 months. Been in ireland since last year and already have temporary stamp 4.

Just received a letter that says The Minister has examined your application and now proposes to refuse your application for a residence card under Regulation 27 (1) for the following reasons:

You entered this state on the ....... It is noted that prior to your arrival to the state, you resided in the uk and applied for permission to remain in the uk to the relevant authorities. Your application was refused as you failed to satisfy the requirements of the immigration rules and appeal rights exhausted after dismissal of the appeal.

having examined all the information provided and the information available from the uk authorities, the minister has concerns that the application at hand has been contrived with the objective of obtaining an immigration reemission to remain in the state as a conduit of obtaining residence in the united kingdom under EU treaty rights. In that regard, the minister now proposes refusing your application to be treated as a pERMITTED FAMILY MEMBER of the EU citizen in accordance with provision of regulation 27(1 a.

pls take note of the "permitted family member statement"

I believe this is not applicable to me as i'm deemed a qualifying family member rather than permitted" we are married and submitted marriage certificate with the application. I believe this is due to the fact that the solicitor probably erroneously in her application requested that my application be treated in accordance with regulation 5 as ver permitted family member. this is the height of incompetence.

Anyways, yes we applied in the uk and got refused, went for judicial review and won there, the judge asked the uk to reconsider, and they did reconsider but still refused but with a right of appeal. I appealed to the tribunal and along the line withdrew the appeal when we decided to come and settle in ireland. We don't want to go back to the UK at all. infant i actually hate it there more than anything else with the way i been treated. No criminal history, No criminal record, No deportation orders. etc

Now we have 21 days to make representation as to why the minister shouldn't refuse.

The worst is that my solicitor handling the case maintains that the application had already been refused and already talking about his appeal charges.

What do you guys think?

[TMM1305]

I would get a solicitor to show that the UK does not abide by EU rules for spouses and family members, and thus their relatives refusals unlawful under EU law, and should not be used in Irish immigration law.

The UKs refusals for spouses and families are often deemed unlawful when they get to the Tribunal Court. There have been former employees explaining that basically all applications are rejected. That they are tasked with finding any reason to reject.

Sorry I can’t help any further, but I do know that the UK laws for spousal immigration do not follow the EU rule so on the subject. And therefore, your lawyer should be able to appeal.

[Dontjoke001]

Hi guys,

My wife is British and we both have an irish son who's only 8 months. Been in ireland since last year and already have temporary stamp 4.

Just received a letter that says The Minister has examined your application and now proposes to refuse your application for a residence card under Regulation 27 (1) for the following reasons:

You entered this state on the ....... It is noted that prior to your arrival to the state, you resided in the uk and applied for permission to remain in the uk to the relevant authorities. Your application was refused as you failed to satisfy the requirements of the immigration rules and appeal rights exhausted after dismissal of the appeal.

having examined all the information provided and the information available from the uk authorities, the minister has concerns that the application at hand has been contrived with the objective of obtaining an immigration reemission to remain in the state as a conduit of obtaining residence in the united kingdom under EU treaty rights. In that regard, the minister now proposes refusing your application to be treated as a pERMITTED FAMILY MEMBER of the EU citizen in accordance with provision of regulation 27(1 a.

pls take note of the "permitted family member statement"

I believe this is not applicable to me as i'm deemed a qualifying family member rather than permitted" we are married and submitted marriage certificate with the application. I believe this is due to the fact that the solicitor probably erroneously in her application requested that my application be treated in accordance with regulation 5 as ver permitted family member. this is the height of incompetence.

Anyways, yes we applied in the uk and got refused, went for judicial review and won there, the judge asked the uk to reconsider, and they did reconsider but still refused but with a right of appeal. I appealed to the tribunal and along the line withdrew the appeal when we decided to come and settle in ireland. We don't want to go back to the UK at all. infant i actually hate it there more than anything else with the way i been treated. No criminal history, No criminal record, No deportation orders. etc

Now we have 21 days to make representation as to why the minister shouldn't refuse.

The worst is that my solicitor handling the case maintains that the application had already been refused and already talking about his appeal charges.

What do you guys think?

Hello, very sad that you treated badly from UK and Ireland too. Some shit officers are working in Irish immigration department too. Those idiots don't follow the EU law. Those idiots making decision through their own idea. Anyways, did you submit your first application through lawyer or yourself??

[mgb]

pls take note of the "permitted family member statement"

If you apply on the wrong basis you get a wrong decision.
Appeal and point to the error of your solicitor.

[broli]

hmmm application form did you use in ireland ?

[Davinci4040]

I would get a solicitor to show that the UK does not abide by EU rules for spouses and family members, and thus their relatives refusals unlawful under EU law, and should not be used in Irish immigration law.

The UKs refusals for spouses and families are often deemed unlawful when they get to the Tribunal Court. There have been former employees explaining that basically all applications are rejected. That they are tasked with finding any reason to reject.

Sorry I can’t help any further, but I do know that the UK laws for spousal immigration do not follow the EU rule so on the subject. And therefore, your lawyer should be able to appeal.

Thank you for your prompt and kind response. Are you also implying that the application has already been refused? I would think that the minister is for now only proposing to refuse and therefore still have a chance if a proper and strong representation is made as they have requested.

[Davinci4040]

hmmm application form did you use in ireland ?

Form EU1

[Davinci4040]

Hi guys,

My wife is British and we both have an irish son who's only 8 months. Been in ireland since last year and already have temporary stamp 4.

Just received a letter that says The Minister has examined your application and now proposes to refuse your application for a residence card under Regulation 27 (1) for the following reasons:

You entered this state on the ....... It is noted that prior to your arrival to the state, you resided in the uk and applied for permission to remain in the uk to the relevant authorities. Your application was refused as you failed to satisfy the requirements of the immigration rules and appeal rights exhausted after dismissal of the appeal.


having examined all the information provided and the information available from the uk authorities, the minister has concerns that the application at hand has been contrived with the objective of obtaining an immigration reemission to remain in the state as a conduit of obtaining residence in the united kingdom under EU treaty rights. In that regard, the minister now proposes refusing your application to be treated as a pERMITTED FAMILY MEMBER of the EU citizen in accordance with provision of regulation 27(1 a.

pls take note of the "permitted family member statement"

I believe this is not applicable to me as i'm deemed a qualifying family member rather than permitted" we are married and submitted marriage certificate with the application. I believe this is due to the fact that the solicitor probably erroneously in her application requested that my application be treated in accordance with regulation 5 as ver permitted family member. this is the height of incompetence.

Anyways, yes we applied in the uk and got refused, went for judicial review and won there, the judge asked the uk to reconsider, and they did reconsider but still refused but with a right of appeal. I appealed to the tribunal and along the line withdrew the appeal when we decided to come and settle in ireland. We don't want to go back to the UK at all. infant i actually hate it there more than anything else with the way i been treated. No criminal history, No criminal record, No deportation orders. etc

Now we have 21 days to make representation as to why the minister shouldn't refuse.

The worst is that my solicitor handling the case maintains that the application had already been refused and already talking about his appeal charges.

What do you guys think?

Hello, very sad that you treated badly from UK and Ireland too. Some shit officers are working in Irish immigration department too. Those idiots don't follow the EU law. Those idiots making decision through their own idea. Anyways, did you submit your first application through lawyer or yourself??

No I submitted through a solicitor handling the case. He has obviously made a fatal mistake. What do you think?

[Davinci4040]

pls take note of the "permitted family member statement"

If you apply on the wrong basis you get a wrong decision.
Appeal and point to the error of your solicitor.

I don't understand please. The application has not yet been refused is what some other people are saying.

[Dontjoke001]

Divinci....even if you made application with wrong form and you declared that you are married then off course department should inform you to apply through EU1 form. I had very bad experience with them in past. There are some facing bastard working to refuse genuine applicants. If UK refused you 100 times what is their problem in Ireland. They should follow Irish law not UK one. Really those idiots made me mad with my application and i moved back to UK. I am so happy in UK. But those bastard giving visa easily for fakers

[Davinci4040]

Exactly my thoughts. This cannot be right!

[Davinci4040]

Hi all just a quick update here, received a positive response. Stamp4EUFAM has been issued. it turned out that the useless solicitor handling my case was wrong in applying under the wrong regulation. I wrote a letter to INIS requesting pointing out the correct regulation and attached a copy of marriage certificate again and asked them politely to reconsider the case based on this fact. Don't always trust these solicitors and trust your guts.

[broli]

congrats that what i have been screaming in this forum . Some people in this forum know a hell lot more than those lawyers.


Before going to a solliscitor check the rules yourself and test that solliscitor first .


A very expensive (i think the most expensive that used to be in dublin) gave totally wrong advice that could have caused me the residence card )

[Mal111]

true!!

what I fail to understand is how a solicitor can make such mistakes you can Google most information and there is everything crystal clear in the directives.
i think i would more consider the advise of members on this board at my own risk then a solicitor.

[jul1]

when applying for the resident card under eu treaty right you DO NOT need a solicitor at all!!!

everything is straight forward and u can sort it out by yourself!!

i guess u were afraid to make some mistakes that is why u got the solicitor, usually they charge 150eur/ hour the bastards, only to make u trouble, or maybe he intentionally did that knowing that he can correct his intentional mistake... rip off solicitors.....