GNIB stamp due to expire, still waiting on decision..? help

[trokut]

Hi,

Ok, I'm an EU citizen, and I've been living in Ireland a few years now. My wife (American) applied for a 10yr residency months and months ago, and due to a backlog we're still waiting on the decision on that. According to eutreatyrights @ justice.ie, the decision will be made shortly.

The only thing I'm concerned about is that her GNIB card (stamp 4) expires next week. The GNIB officer in my town has been hesitant in the past to extend this, as she sees it as not her say-so, rather, it's down to INIS in Dublin. What happens therefore if we go in on Monday (when they re-open) and the don't give her another GNIB card/extension? I sort of feel like we're in limbo, and do NOT want to have any gaps in her stamps for when we apply for naturalization....

[IQU]

there is no point to visit gnib office in dublin because the staff from eu treaty right not going to meet there. the best is send them email they may reply?but eu treaty right section always send the decision at last minute. if you really want to make officail complaint than you can contact SOLVIT.

[CalvinKlien]

The EU Treaty Rights Section always make a decision on the last day of your six month of the application, I am an example to you where they have granted me my permanent residence card on the last day, i have other examples for my friends. You better to send them a letter explaining your concern. PLZ USE REGISTER POST (EXPRESS POST).

[trokut]

The EU Treaty Rights Section always make a decision on the last day of your six month of the application, I am an example to you where they have granted me my permanent residence card on the last day, i have other examples for my friends. You better to send them a letter explaining your concern. PLZ USE REGISTER POST (EXPRESS POST).

It's been much more than 6 months though, and I have had at least 3 letters of extension up to now.

[CalvinKlien]

This is the first of its kind... DOJ always make a decision with in 6 months, it's the law. Are you sure, your application is with the EU Treaty Rights ? If yes you can report them to SOLVIT...

[trokut]

This is the first of its kind... DOJ always make a decision with in 6 months, it's the law. Are you sure, your application is with the EU Treaty Rights ? If yes you can report them to SOLVIT...

Where have you heard that? Their letters have stated "I wish to let you know that currently the volume of review applications received by EU Treaty Rights Review Unit has made the average processing time for a review application to be in excess of six months."

[jeupsy]

Here is the European directive: http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Member States shall issue family members who are not nationals of a Member State entitled to permanent residence with a permanent residence card within six months of the submission of the application. The permanent residence card shall be renewable automatically every ten years.

If it is a permanent residence application under EUTR (which I assume it is based on what you said?) and they have had you waiting for much more than 6 months, they are clearly in illegal territory.

This is pretty strange though as they know the law and pretty much everyone on this forum has received a decision at the very end of the 6 months period.

[CalvinKlien]

@trokut: Please note, review applications have no time frame.... I am talking about EU1, EU2, and EU3 applications (They will all be dealt with in six months).

Your post states that its a permanent residence card application... You should have mentioned that the permanent residence card application is refused and we have applied for REVIEW.

Please note, review have a different story compared to EU3 applications.

[trokut]

@trokut: Please note, review applications have no time frame.... I am talking about EU1, EU2, and EU3 applications (They will all be dealt with in six months).

Your post states that its a permanent residence card application... You should have mentioned that the permanent residence card application is refused and we have applied for REVIEW.

Please note, review have a different story compared to EU3 applications.

Oh, apologies - I see. Well, to clarify - we were refused back in March, based on me not submitting the required information they wanted in time.
I therefore mailed in what they asked me to, and we've been waiting on the outcome of this review since then.

So is there anything I can do? Is she "illegal" here after Monday, even though we've still not had the decision?

[CalvinKlien]

Your review is pending and as long as a decision is not made, you are not in the category of Illegal...Keep sending them letters through the registered post and a friend of mine got decision after 8 months.

Good Luck

[trokut]

Your review is pending and as long as a decision is not made, you are not in the category of Illegal...Keep sending them letters through the registered post and a friend of mine got decision after 8 months.

Good Luck

But she'll have no GNIB card after Monday, is that surely not a problem ...? And she won't be able to leave the country to travel?
Also, it will affect the Naturalization application, no? (Being that there will be a gap in the visa stamps)

[CalvinKlien]

When did she applied for her naturalization ?

[trokut]

When did she applied for her naturalization ?

A month ago. They wrote to us last week asking for a passport scan from the back of her passport, but that's as much as we've heard from them as of yet.

[CalvinKlien]

Review will not affect ur wife's naturalization application as they are separate entities. Yes there is a risk involved, they might ask you for up to date GNIB card....but i have seen people that their GNIB cards are expired a year ago and they still got naturalization approvals.

It would say send them the passport scan from the back of her passport, and try to send another letter to the EU treaty rights section (as a reminder to make a decision on her review application).

Next, in case her review is refused, i would recommend you to apply for EU1 application again for her and there are 100% chances that she will get a visa for another 5 years. (If you are exercising EU Treaty rights)...

[trokut]

Review will not affect ur wife's naturalization application as they are separate entities. Yes there is a risk involved, they might ask you for up to date GNIB card....but i have seen people that their GNIB cards are expired a year ago and they still got naturalization approvals.

It would say send them the passport scan from the back of her passport, and try to send another letter to the EU treaty rights section (as a reminder to make a decision on her review application).

Next, in case her review is refused, i would recommend you to apply for EU1 application again for her and there are 100% chances that she will get a visa for another 5 years. (If you are exercising EU Treaty rights)...

Ok, thanks.
So until we hear on the residency decision, we should wait before applying for the EU1 then?

And she'll have no GNIB card after Monday, is that surely not a problem ...? And she won't be able to leave the country to travel?

[CalvinKlien]

Yes i would say wait and hope for the BEST outcome.
Good Luck mate