With love from Azerbaijan...

wiz · Post Number:**#51** **Posted:** 17 Dec 2011 18:27

Reporting his/her presence:

ARTICLE 5.5 wrote:

5. The Member State may require the person concerned to report his/her presence within its territory within a reasonable and non-discriminatory period of time. Failure to comply with this requirement may make the person concerned liable to proportionate and non-discriminatory sanctions

Not necessary to report if they have NOT been asked, in my view.... it is clear.

Any how congratulations for finding the Job and I am sure as soon as you have the contract you will apply for her Resident Card! Good luck. Once your wife has been issued the Resident Card....... no stopping you!

She will be able to travel, together with you, in every country of the EU with NO Visa.

Enjoy married life now. [thumbs.gif]

johnstandy · Post Number:**#52** **Posted:** 20 Dec 2011 23:52

Well had my first day today and all was well.

Received my contract too and I have a signed copy for myself.

As far as I am aware I now need my certificate of tax credits and some of proof of address and can then send in the application for my wife's residence permit.

I do have my PPS number (same as NI number) which was sent to the address we are living at and I have also opened a bank account and just waiting for my bank card to arrive.

That being said, these are only in my name. As of yet, we have nothing in my wife's name. She is also still known under her maiden name? Do you see any problems with this or will all the documents I have been enough for the application? I think I read somewhere I only have to show I am exercising my rights (i.e. working, have my contract) and this is the only document I need to produce along with the marriage cert.

wiz · Post Number:**#53** **Posted:** 21 Dec 2011 15:00

johnstandy wrote:

That being said, these are only in my name. As of yet, we have nothing in my wife's name. She is also still known under her maiden name? Do you see any problems with this or will all the documents I have been enough for the application? I think I read somewhere I only have to show I am exercising my rights (i.e. working, have my contract) and this is the only document I need to produce along with the marriage cert.

Is your wife's passport on her Maiden name or her married name, if she has take your name?

If it is then you should provide with her application a copy of your married certificate translated and Notarised.

Her Resident Card will be issued under the name on her passport....... not a big problem.

My wife had to change her passport to her marriage name so when time come we send both passports and they used the new passport for the Resident card.

Opening a Bank account you need to have her name in one of the Utilities bills....... and her passport.

Good luck

johnstandy · Post Number:**#54** **Posted:** 21 Dec 2011 21:45

wife has taken my name but not officially yet so still says her old name in her passport.

bit of a stumbling block then. as we're living with friends atm, no utility bills or rental agreements in either of our names for the proof of address. I only have my bank accounts letters and revenue letter. you can't open a bank account unless you are a resident of ireland.

on the irsh residence permit faq it says they also want 2 pay slips. why do they need this as it is not a legal requirement. can i say this to them do you think?

johnstandy · Post Number:**#55** **Posted:** 22 Dec 2011 01:13

Quick question , I don't know if you would be able to help. My Mother-in-law who is a non-eu national would I be able to use this directive for her to visit me and my wife once my non-eu wife get's her residence permit? Would the directive help in anyway to assist with a visit ivsa for her?

wiz · Post Number:**#56** **Posted:** 22 Dec 2011 17:52

johnstandy wrote:

wife has taken my name but not officially yet so still says her old name in her passport.

bit of a stumbling block then. as we're living with friends atm, no utility bills or rental agreements in either of our names for the proof of address. I only have my bank accounts letters and revenue letter. you can't open a bank account unless you are a resident of ireland.

on the irsh residence permit faq it says they also want 2 pay slips. why do they need this as it is not a legal requirement. can i say this to them do you think?

I don't see any problem with the name on her passport. You simply have to carry the marriage certificate and when next she changes her passport you add her Married name. Meanwhile make sure all her accounts etc are under her marriage name.

As about her mother.... Yes she can use the directive to visit her daughter.

keep an eye of the EU Directive guide that I am posting at the forum "Important and Legal matters".

Attachment:

Merry Christmas.gif

johnstandy · Post Number:**#57** **Posted:** 29 Dec 2011 00:16

Hi everyone. I wish you all a Merry Christmas and hope you all had a great time with family and loved ones.

Just about to get the application sent off tomorrow but have somethings which are puzzling me [rolleyes.gif]

Is there a need for a covering letter or anything stating the directive or should I just send the documents with the EU 1 form?

Looks like the Irish do ask for additional items. This is with regards to:

(c) Evidence of current activities of the EU Citizen in the state.

Need to show signed contract - I have this
Two recent payslips - I don't have this. Only just started the job and paid monthly, first payment is end of Jan.
Most recent P60 or Tax Credit Certificate - Again, I don't have this.

(d) Evidence of residence of applicant and EU citizen in the state

If renting
Letter from landlord/agency, rental contract or rent book - Don't have this as we are just living with friends until the end of Jan. Will then rent somewhere.
Letter of Registration of Tenancy from the Private Residential Tenancies Board - Again, do not have this as we are living with friends
Utility bills for applicant and EU Citizen - I have my letter from bank confirming my opening of a bank account and also have my PPS number from the Revenue in Ireland. No Utility bills as we do not pay them. My wife has not any bills in her name or any letters from anything.

It does say at the bottom of the Explanatory leaflet that : If for any reason you cannot supply some or all of the required documentation above, you must provide a written statement
explaining why. Provision of some or all of the above documentation is not a guarantee of a successful application

Any help or guidance would be great.

wiz · Post Number:**#58** **Posted:** 29 Dec 2011 07:31

Happy New Year 2012 to you and to your wife.

Firstly I suggest you read this, if you haven’t done already, where everything is clear.

viewtopic.php?p=1834#p1834

Quote:

An EEA Citizen,(Does not apply for any EU citizen residing in their own country), have an absolute right of residence in the UK or any other EU country for 90 days. After that period he/she must be exercising a Treaty Right (work, study, job seeking etc).

The non-EEA partner has exactly the same rights, derived purely from her/his relationship to you. Those rights exist regardless of the issuing of any paperwork by the UK or the other EU country. Any permits, Residence Cards etc only confirm those existing rights, but they don't grant them (though they are of course, useful to have to make life easy!).

Quote:

If for any reason you cannot supply some or all of the required documentation above, you must provide a written statement explaining why.
Provision of some or all of the above documentation is not a guarantee of a successful application

In your case obviously it’s appropriate to write them a covering letter explaining that you have moved to live permanently there and you are exercising your right, under the Directive, by providing them the contract for your work.

You may have to ask your relatives to give you a letter confirming that you are staying there temporary until you find your own accommodation to rent etc.

As you have already registered and have NI etc. there is nothing they can do, as you are working there.

As about the last sentence……. It’s a bull….t. The only thing they can do is to delay issuing her the RC for up to 6 months but they cannot ask your wife to leave or deport her under the Directive. She has the right to stay with you. The documents they are asking are the same as if you were living there already for 6 months and you were exercising your own right.

As long as your wife is not burden to public funds….. they can take a jump on the Leafy river..

Attachment:

dublin.jpg

Meanwhile the Visa that your wife received if it states: “Family member of an EEA citizen” then it doesn’t expire……… even if they have a date on it. Your wife can stay there without the need of any documentation…. BUT to make life easier for travelling etc….. it’s better to apply for her Resident Card.

So young man….. get the ducks in order, as I am sure you have, tell your beautiful wife that everything will be fine and not to worry and we will see you sometime next year to have a drink by the river, or an Irish breakfast by St Stevens shopping Centre.

C Novin Godom ...... !

johnstandy · Post Number:**#59** **Posted:** 29 Dec 2011 23:32

This is the letter I have wrote to the INIS.

Quote:

This letter is to be taken into consideration with my wife’s application for a Residence Card.

I, *****, a UK citizen (passport number ***) arrived in Ireland on 2 December 2011, with my wife ***** (passport number ***) a Azerbaijani citizen. Since then, I have gained employment in state, working for ***** Limited in Dublin 4. I commenced my contract on 20 December 2011. Therefore, I am currently exercising my EU Treaty Rights, under EU Directive 2004/38/EC.

We have enclosed my UK passport, my wife’s Azerbaijani passport, our UK marriage certificate, 2 x passport photo’s for both myself and my wife, my offer of employment, along with signed employment contract, proof of address from the Permanent TSB bank and the Department of Social Protection Client Identity Services.

With regards to the documents provided, ECJ Case C-157/03, Commission v Spain [2005] states that the documents we have provided fall in line with the documents required as laid down in Article 4(3)(c), (d) and (e) of Directive 68/360, Article 6 of Directive 73/148 and Article 2 of Directive 90/365. Those conditions [for a Residence Card] are exhaustive in nature (see, to that effect, Case 48/75 Royer [1976] ECR 497, paragraph 37; Case C-363/89 Roux [1991] ECR I-273, paragraphs 14 and 15; and Case C-376/89 Giagounidis [1991] ECR I-1069, paragraph 21).

At this moment in time, we are unable to provide certain documents which you have asked for in the application for the following reasons:

Evidence of residence in the state
As we have only just moved to the state, we are currently residing with friends, at the address above (*****). Once I have received my first wage, on 27 January 2012, we will then be in a position to obtain rental accommodation. At this point, we will then forward on the required documents (i.e. letter from landlord/agency, rent contract or rent book) Included now are a letter from the revenue confirming my PPS number and also a letter from Permanent TSB bank confirming the opening of my bank account.

Evidence of current activity of the EU citizen in the state
Enclosed in the documents is my contract of employment with ***** Limited, dated 19 December 2011. As my employment started on 20 December 2011 and the company make salary payments on the last Friday of every month, my first payment of salary will be on the 27 January 2012 with the next salary payment on 24 February 2012. Therefore, once I received my payslips from ***** Limited on or around the 27 January 2012 and 24 February 2012, respectively, I will forward them onto you to be attached with the documents you already hold. As this is my first employment in the state I do not hold a recent P60 to supply to you. With regards to Tax Credits Certificate, I have also sent the 12A form of (Application for a Certificate of Tax Credits and Standard Rate Cut-Off Point) to the Revenue on 21 December 2011 and I currently waiting to receive my certificate. Again, once I receive this, I will forward onto you to accompany my wife’s application for a Residence Card.

If you have any further questions or queries with regards to this, please do not hesitate to contact me and I will do my best to resolve such queries.

Hopefully, they will actually read it and proceed accordingly. I would envisage that they will sent requests for the additional documents anyway.

Happy days and Happy New Year to EVERYONE!

And yes, Wiz, looking forward to meeting up in the new year

[thanks.gif]

johnstandy · Post Number:**#60** **Posted:** 05 Jan 2012 11:28

Wiz - how long do you have to be exercising treaty rights in another member state before you can transfer the Residence Card to your home state? (i.e. from Ireland to UK)

My contract is a 1 year one and just looking at the long time future and options available to us.

With love from Azerbaijan...

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