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EU1 Refused, please advise

  • 09-04-2012 10:10pm
    #1
    soutie
    Registered Users, Registered Users 2 Posts: 1 ✭


    My husband is an EU citizen and exercised his EU Treaty Rights for our daughter and myself, it was approved and we had a stamp 4 until 05-04-2012 but received a letter saying that our EU4 application was refused because they contacted his work and they said he left voluntarily, which in a way is true because he was with a temp agency and the contact person they had was at the company he was temping at. He did leave but moved to another company through the same agency. I know they are only doing what is right because we were in the wrong, however since that time he starts a permanent job at an International company with a salary that can more than support us - all his other jobs were temporary. We will appeal next week which is within the 15 days but would like your advise on how we should handle it as I love this country and our daughter is in 5th year and it is a very important stage for her as you well may know.

    What do you think our chances of winning the appeal are? I look forward to your opinion.


Comments

  • #2
    ResearchWill
    Closed Accounts Posts: 4,111 ✭✭✭ResearchWill


    Get a good immigration lawyer, as appeal is EU if I remember correctly they should make decision within 6 months. Keep department informed in any change of circumstances.

    On what you say as EU citizen is able to show he is exercising treaty rights by working now appeal should more than likely be allowed, but best bet is get good lawyer in this area.


  • #3
    mitzicat
    Registered Users, Registered Users 2 Posts: 54 ✭✭mitzicat


    Take a look at this link:

    http://europa.eu/youreurope/citizens/residence/worker-pensioner/non-eu-family-members/non-registered-partners_en.htm

    There's also a link for you to contact them with your question:

    http://europa.eu/youreurope/citizens/help/index_en.htm

    Not sure about your situation and I'm not in any way giving legal advice, but all the recent case law would seem to say that if your husband is employed in the state and is an EU citizen, they cannot refuse you a right to live here with him. It appears the EU does not take kindly to EU states messing with the family rights of EU workers.


  • #4
    Tom Young
    Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Charter: See a lawyer.


This discussion has been closed.
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