application for a permanent residency

knapps · Post by **knapps** » Tue Aug 25, 2009 4:56 pm

I would like to get some input here. I have been married for nearly 4 years and currently have eufam 4 stamp. I first got stamp 4 nearly 4 years ago from local gardai station and then again after a year and then after two years immigration office asked me to send eu 1 form to dept of justice which i did and they sent me a letter for 5 years stamp 4 eu fam.

My question is can i apply for a permanent residency after when my 5 years completed from day first i got stamp 4 from local gardai office or i have to cont time from the time i got it from the dept of justice and naturalization.

I am guessing that my time starts from when i got first stamp 4. Is that correct??

Post by **Obie** » Tue Aug 25, 2009 5:00 pm

Hi Knapps, if you are going through the EU route, your time starts ticking from the time you and your EU partner start living together in the state and not when your Resident card was confirmed.

knapps · Post by **knapps** » Tue Aug 25, 2009 5:14 pm

hi, thanks but surly in ireland it works different way does not it. you apply for permanent residency from the time you get stamp 4.

akwadaa · Post by **akwadaa** » Thu Aug 27, 2009 9:59 pm

Hi knapps to apply for the permanent resisdence card all u need to do is to fill in the EU form 3 and provide evidence that u have resided legally in the state for 5yrs...it doesnt matter which stamps u've had in those 5yrs..
u need a prove of residence for that 5yrs...utilities bills or rental agreement,,,,P60s,,,letter from ur current employer,,,,and Marriage Certificate (if still married)

knapps · Post by **knapps** » Fri Aug 28, 2009 2:07 pm

but my two years as a student will not be count correct??? as i have lived in ireland legally for 6 years so far but 4 years under eufam 4 stamp.please advise??

akwadaa · Post by **akwadaa** » Fri Aug 28, 2009 5:31 pm

knapps go through this link and u will knw much abt wat to do...i think u can only when ur current stamp4 eufam is about to expire... say 6months prior to expiration...

knapps · Post by **knapps** » Fri Aug 28, 2009 6:58 pm

which link????

knapps · Post by **knapps** » Tue Sep 01, 2009 3:04 pm

hello Forum, any info plz

robby1 · Post by **robby1** » Tue Sep 01, 2009 7:54 pm

knapps
i am in same boat,four years on eufam4 residence card,i have contacted D.O.J they replied me with this e mail,

Dear Sir/madam,
You can apply for a Permanent Residence Card 6 months before you have 5years of EU Treaty Rights in the State.
Regards,
EUTr
EU Treaty Rights
Mail - In Query

Post by **Obie** » Tue Sep 01, 2009 8:01 pm

6 months before 5 years of treaty rights is correct, but it should not be 6 months prior to the expiry of the 5 years EUfam card.

The clock start ticking from the day the EEA national on whom you are dependent came to Ireland with you to start exercising treaty right, or the day you became a family member of someone exercising treaty rights in Ireland.

robby1 · Post by **robby1** » Tue Sep 01, 2009 10:06 pm

obie,
could you please explain (6 months before 5 years of treaty rights is correct, but it should not be 6 months prior to the expiry of the 5 years EUfam card)
really don't get.

knapps · Post by **knapps** » Wed Sep 02, 2009 10:36 am

yes, obiie please explain,
i wrote an email and got the following:

It appears that you were originally granted permission to remain
based on your marriage to an EU citizen in 2006 for 5 years so therefore in 2011 you can then apply for a permanent residence card . This
application is made on a Form EU3 and all information can be downloaded

so, 6 months prior means what .Do you mean 6 months before my 5 years stamp is going to expire or after??

Post by **Obie** » Wed Sep 02, 2009 11:08 am

Knapps there appears to be distinction between your reply and that of Robby 1.

In Robby 1, they told him to apply after the wife and him have been exercising treaty rights in the state for 5 years and in your case, they said after your 5 years they granted you in 2006 expires, which is totally wrong.

The Directive states that a Permanent Resident card should be issued after 5 years of residence in the state with your partner.

[b]Directive 2004/38EC Article 16(1&2)[/b] wrote:
RIGHT OF PERMANENT RESIDENCE
Section I
Eligibility
Article 16
General rule for Union citizens and their family members
1. Union citizens who have resided legally for a continuous
period of five years in the host Member State shall have the
right of permanent residence there. This right shall not be
subject to the conditions provided for in Chapter III.

2. Paragraph 1 shall apply also to family members who are
not nationals of a Member State and have legally resided with
the Union citizen in the host Member State for a continuous
period of five years.

Just to recap, the law says five years of residence with your spouse in the state!!! which has to be a lawful residence of course- meaning, your EEA spouse or yourself should not have been a subject of a deportation order, or were previously barred on grounds of Public Policy, Public Health or Public Security.

If these conditions don't apply to you, and you have evidence that you and your spouse have lived in Ireland for 5 years, you should send in your application on EEA3 as they stated and explain it to them- just in case the start acting stupid.

knapps · Post by **knapps** » Wed Sep 02, 2009 2:12 pm

well this is a very valuable information yes we got married in 2006 but we both were legally living atleast a year and few months before that ...i will get my dates collected and come back here...thanks ever so much

akwadaa · Post by **akwadaa** » Wed Sep 02, 2009 5:35 pm

Hi knapps this is wat the law says...;
Continuity of residence may be attested by any means of proof in use in the host Member State.

You are obliged to apply for a permanent residence card before your residence card expires. Failure to comply with the requirement to apply for a permanent residence card may render the person concerned liable to proportionate and non-discriminatory sanctions, excluding imprisonment or deportation.

Your right of permanent residence is evidenced by issue of a permanent residence card which should be issued within six months of the submission of the application.

The permanent residence card shall be renewable automatically every ten years. You should go to the relevant national authority with the card to be expired and you will be issued with a new one without the need to present any other documents.

OTHER RIGHTS

Having the right of permanent residence, Community legislation provides that you should enjoy equal treatment with the nationals of the host Member State in all areas covered by Community legislation, unless there is an express derogation from that principle.

http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html

akwadaa · Post by **akwadaa** » Wed Sep 02, 2009 5:37 pm

as u can see it clearly states that u can apply before your existing card expire..so applying 6month prior to expiration is correct...

Post by **Obie** » Wed Sep 02, 2009 6:10 pm

Akwadaa you are getting things wrong here. Article 16 deals with when one becomes eligible for a Permanent Resident Card, whiles Article 20 which you have quoted , stated that in order for member state not to take action against you, you have to apply before your Resident card expires.

They are two different and non-contradictory statements/rules.

knapps · Post by **knapps** » Thu Sep 03, 2009 10:28 am

there are two different sets of information here not sure about article 16 or 20. please clarify it to me so I can plan it. You know my situation already if any question plz ask

knapps · Post by **knapps** » Wed Sep 09, 2009 11:20 am

any reply

Post by **Obie** » Wed Sep 09, 2009 11:26 am

Try not to get confused by those legal jargon. You will qualify after you have lived with your EEA partner, in Ireland, for a period of 5 years, and has evidence to prove that.

knapps · Post by **knapps** » Thu Sep 10, 2009 11:18 am

thanks obie, i will send my application so to them after 5 years over together

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