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 Post subject: Re: With love from Azerbaijan...
Post Number:#61  PostPosted: 05 Jan 2012 15:31 
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johnstandy wrote:
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.
You do not have to exercise any treaty rights for your self, as you are British and will be returning to the UK.

Your wife with her Irish Residency Card she can travel with you back to the UK and then she will have to apply for a resident Card here under the "Surinder Singh".

Read all here: viewtopic.php?p=9050#p9050

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 Post subject: Re: With love from Azerbaijan...
Post Number:#62  PostPosted: 06 Jan 2012 00:18 
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Fantastic. Thanks Wiz.


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 Post subject: Re: With love from Azerbaijan...
Post Number:#63  PostPosted: 13 Jan 2012 23:17 
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Hello [biggrin.gif]

Feel a bit better after that. Anyway....here goes [sarcastic.gif]


Got a letter in the post from EU treaty section. Acknowledging the application, sending back the original documents we sent to them and asking for the 2XPayslips and stuff about renting and utility bills etc etc. Saying once we send these in they will proceed with the application. No mention of coming to get the stamp 4 in her passport.

Tried calling them. IMPOSSIBLE! Don't bother. The correct option just tells you to email. I did that anyway. They spelt my name wrong 6 times on the letter and got the wrong date for our wedding and might I say a completely different day.

Her visa "expires" on 15 January 2012, because the idiot on the immigration desk at airport only stamped for 1.5 months, so this needed sorting today!

So off we went, with my head was up my arse, to the GNIB office in Dublin 2. Queued up. First guy useless. "need to resubmit application with the additional docs" He didn't know what he was talking about. Few tooing and throwing he finally admitted he was wrong and he just gives out the stamps....Anyway long story short. Left him to try someone else. FYI - he was probably the fattest guy that works there if you happen to go in, avoid him. He is useless!

I went to the reception/security and asked to speak to EU treaty rights section. Told not a public office and they don't speak to anyone. Call them or write into them. Explained situation. Still same answer. I asked for him to call them, he wouldn't. I demanded he said, and I quote "I'm fcuking sick of this" and tried to ring them. No joy - he walked off and another bloke came. He was fairly useless too. More arguing.

I wasn't going until I spoke with someone from EU treaty. 30 mins later he threatens me with he will get the guarda if I don't leave. I said go get them. Anyway, he came outside, took my letter and went off again. 10 mins later comes back and says come back at 1500 and someone will see you.

Came back at 1445 and the women didn't come down till 1535 to see us. She was fairly stupid too. The point she was trying to make didn't really make sense. Saying something like she wasn't sure if my wife was in Ireland or something. She said I can see she is here now so will give the stamp 4. She couldn't give today, for what reason, I don't know. So she "extended" the visit visa until 2 March 2012 and said we will get a letter next week to come get the stamp 4. Then we put the rest of the docs in and she will get RC.

Sort of got what I wanted out of it. I was going to argue saying these doc aren't required but I was tired of fighting at this point and I had to get back to work (at this point I had already had a 3 hour dinner :evil:

So waiting for the letter to come now so she can get the stamp 4 in her passport.

I must say, I am disgusted with how they operate at this section. Disgusted at the letter which is a breach of the directive with regards to documents required. How they did not read my letter, incorrectly spelt names and personal information. The incompetent staff that work there.

I would like to take it further about these additional documents. Also, is it 6 months from the point they acknowledge the application to when they have to give an answer?

Do you think I can contact solvit about this?


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 Post subject: Re: With love from Azerbaijan...
Post Number:#64  PostPosted: 15 Jan 2012 06:07 
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I don't blame you blowing a fuse....... they are ignorant and have no idea about the Statutory Instrument No. 146 (SI 146 - Immigration Act 2004 (Visas)) that transposed the EU Directive 2004/38/EU into the Irish Law.

According to the directive..... they can take up to 5 months to issue the Resident Card ..... but her current visa entrance does not expire......till a decision on her application has been made.

I am afraid the documents they ask....... I had to supply them twice, in Moscow and here....... and I guess until you supplied them, they will not move their arses.

The reason is that they do not want anybody to be burden to public finances..... as per the directive.

Why don't you try to get hold of the Statutory Instrument No. 146 (SI 146 - Immigration Act 2004 and have a good read?

You have no problem understanding these regulations! [wink.gif]

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 Post subject: Re: With love from Azerbaijan...
Post Number:#65  PostPosted: 15 Jan 2012 22:13 
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wiz wrote:
Why don't you try to get hold of the Statutory Instrument No. 146 (SI 146 - Immigration Act 2004 and have a good read? [wink.gif]


Isn't Statutory Instrument No. 146 SI 146 - Immigration Act 2004 just to do with who requires a visa upon entry to Ireland?

At this moment in time, they are stopping my wife from under taking employment in Ireland as they have not issued her with the relevant paperwork/visa to do so. This is a breach of her rights as she is entitled to work as much as I was when I arrived (not that I intend her to work anyway [biggrin.gif] )

Any ideas?


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 Post subject: Re: With love from Azerbaijan...
Post Number:#66  PostPosted: 16 Jan 2012 06:52 
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When my wife applied for her Resident Card here in the UK, she was issued a letter advising her of receipt of her application and at the bottom of the letter had an explanation for Employers that "She is entitled to work " .......

Now you are right and I am sorry.... I gave you the wrong law...... but as it happens I just discovered the Law 226 of 2006 that transposed the Directive into the Eire Law.

http://www.inis.gov.ie/en/INIS/2SI226of ... of2006.pdf

Print it out so you have it! [wink.gif]

Take a good read and you will find out al the necessary information there...... including the letter template that must be send to the applicants.

I had a brief time reading, (must go out soon.......) but later when I have time I will post it on the other thread about the Republic of Ireland..... it's 22 pages.....

So now you have the gun to teach the donuts in the INIS the Law 226 of 2006. [yahoo.gif]

Good luck young man and I am sure you would like to keep wife busy.... by sending her out to work!

[rolfsmall.gif] [rolfsmall.gif] [rolfsmall.gif]

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 Post subject: Re: With love from Azerbaijan...
Post Number:#67  PostPosted: 21 Jan 2012 12:01 
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We got a letter in the post yesterday saying come and get temporary stamp 4 while application in processed.

Just need to send them these other documents. I know I don't have to but will make it a lot eaiser if we do so. Nearly there. She should have her residence card by middle of July :)


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 Post subject: Re: With love from Azerbaijan...
Post Number:#68  PostPosted: 21 Jan 2012 13:35 
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johnstandy wrote:
We got a letter in the post yesterday saying come and get temporary stamp 4 while application in processed.

Just need to send them these other documents. I know I don't have to but will make it a lot eaiser if we do so. Nearly there. She should have her residence card by middle of July :)

Image At times going with the flow does help to get the achieved result.

If it was me I would send the extra documents that they request and after I got the result I would in a polite way explain to the bureaucrats that they were wrong in asking for documents that are not required.

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 Post subject: Re: With love from Azerbaijan...
Post Number:#69  PostPosted: 22 Jan 2012 05:14 
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johnstandy wrote:
We got a letter in the post yesterday saying come and get temporary stamp 4 while application in processed.

Just need to send them these other documents. I know I don't have to but will make it a lot eaiser if we do so. Nearly there.

She should have her residence card by middle of July :)
July?

[wtf.gif] 6 months......the max....... they must be very busy there.....in INIS. Probably every east European and other nationality immigrants want to move to the Republic! [sarcastic.gif]

Goo luck with them....... [drink-coffee.gif]

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 Post subject: Re: With love from Azerbaijan...
Post Number:#70  PostPosted: 22 Jan 2012 11:00 
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Yeah = The stamp4 will expire on 2 July, exactly 6 months after they received the application. I've read that they do leave it until the very last day.

I asked them about documents being in my wifes married name. They said it is not a problem but the residence card will be issued as per her name in her passport.


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