Appeal letter DOJ decision

[kmrsj]

Hi,
First of all I'd like to say a big "thank you" to everyone who's posted on the site - it's been a great source for information and updates on the EU1 fiasco.
We've also been caught in this - I'm the EU National and my now husband is from NZ. He initially entered the country on a working holiday permit for a year and we thought that if we liked it, we would get married in Ireland. We were told that once we had the marriage certificate, all we had to do was apply for the EU1 and voila, he would be able to stay and work without any problems. The application was lodged in January 07, the decision letter arrived August 07. The letter stated that there was a pending court case (the infamous one) in October, so we decided to wait it out and see what would happen. We were also going on holiday at the end of August, so we left and my husband then re-entered the country on the 18th December 07. At passport control, he got a tourist visa till the end of January. We went to Immigration in Cork to enquire about "renewing same" (last paragraph of decision letter) and were told that no, he couldn't renew the work permit he initially entered the country in. So we asked if he could at least get Stamp 3 - I brought along my salary cert, proof of health insurance, tenancy agreement from New Zealand to show that we've been a relationship before entering Ireland etc - but the officer said that since the DOJ letter didn't state that we could ask for Stamp 3, we had to appeal the decision letter and ask if we could apply for Stamp 3. Having read that some people got their EU1's granted, I'm wondering what our next step should be. Ideally we'd like to get the EU1 - two salaries are better than one but if not, then at least Stamp 3, so my husband can stay here while I work out the commitment I've made with my job.
We are not sure whether we should get a solicitor or whether this is something we can do ourselves.
Has anyone drafted an appeal letter themselves and been successful?
Apologies for the long post any advise will be much appreciated!
Kind regards & Happy 2008!
K

[archigabe]

Have a read through this post on receiving Stamp3 while waiting for E.U1
http://www.immigrationboards.com/viewto ... highlight=

This is what someone wrote in their appeal letter.

http://www.immigrationboards.com/viewto ... ght=#97158
http://www.immigrationboards.com/viewto ... 74&start=0

Some people received a two year Stamp4, but no one knows what it was about their cases that they were successful.

http://www.immigrationboards.com/viewto ... 86&start=0
http://www.immigrationboards.com/viewtopic.php?t=18817
http://www.immigrationboards.com/viewto ... sc&start=0


Have a read through some of the sticky notes on the main Ireland page.
http://www.immigrationboards.com/viewforum.php?f=34

[Directive/2004/38/EC]

I would urge you to document all of the times you have been resident in other EU member states (any visits as a married couple), and make that a core part of any appeal.

For details, see http://eumovement.wordpress.com/2007/06 ... -question/

In general it is worth basing any appeal on what is written in Directive 2004/38/EC.

[kmrsj]

Thanks so much for your help! I hope they will accept our appeal since the letter from the DOJ arrived longer than 3 months ago - I'm hoping that the appeal time frame is 6 months...
Regards,
K

[Directive/2004/38/EC]

Thanks so much for your help! I hope they will accept our appeal since the letter from the DOJ arrived longer than 3 months ago - I'm hoping that the appeal time frame is 6 months...

I do not know what the appeal period is.

If it took them more than 6 months to decide to turn you down, do point out in the appeal letter that they should have made their decision within the legally required 6 months.

I would also take pains to refer to the ECJ decision in Jia. See http://courtofjustice.blogspot.com/2007 ... 5-jia.html
Basically you can say that, in part, you also base your appeal on the decision of the ECJ in Jia v Migrationsverket (Case C-1/05), where the court held that prior residence in another EU member state is NOT a prerequisite for the non-EU spouse benefiting from EU law.