Deportation

Mongirl

***No Abusive Comments Please*

A Polish friend has been given a Deportation Order to leave Ireland on the 27th of April after his Appeal was turned down. He paid a private Solicitor to carry out the Appeal who was incompetent & did not gather the correct information.

He has been in regular employment,

Has anyone any advice or information as he has ?

TIA

beeker1

Unless he's committed a serious offence , there's no reason to deport an EU citizen, could be wrong though !

Spear

This has nothing to do with Feedback. Moved to a forum that's related to the topic instead.

Bear in mind case specific legal advice is banned sitewide, so there may not be much room for discussion on this.

elperello

Not having the full details the only useful advice is to instruct a new solicitor.

Jim2007

https://www.boards.ie/discussion/comment/120446370#Comment_120446370

Yes you are wrong! As pointed out to David Cameron back in the day - the FMOP directive includes provisions to ensure a citizen from another EU/EEA/CH state does not become a burden on the host state.

In summary your rights are:

• Go to another state for 3 months to seek employment and additional 3 months at the discretion of the host state
• Go to another state for the purpose of establishing a business there
• Obtain permanent resident status after five years if you have established an economically viable way of life [This is the bit people forget or don't know about]
• There are pensioner and family reunification rights as well

And if you fail to meet the requirements you can be sent home. And as far as I know the only country who did not operate the rules was..... the UK.

Without knowing the facts and assuming the person is not a criminal, then one can only guess he has failed to meet the economic requirements. Which would be very difficult to unwind by the end of the month unless there is a serious mistake in the decision.

dennyk

I suspect your friend isn't telling you the whole story (or you aren't telling us). While issuing a removal order for an EU citizen is possible under some circumstances, it is extraordinarily unlikely to happen unless the person in question has been convicted of a serious crime or otherwise poses some significant risk to public safety. Being in "genuine and effective" employment alone is sufficient for an EU citizen to gain the right to reside here indefinitely; there is no minimum income or working hours requirement, and no limitation on availing of any social welfare supports that person qualifies for based on their circumstances. A removal order could technically be issued if an EU citizen was out of work for more than six months (if they only worked here for less than a year previously) or if they were unemployed and not either looking for work or undertaking some sort of vocational training, but it's basically unheard of, since there is no registration requirement for EU citizens living here and hence no documentation or official tracking of whether EU citizens living here actually meet the right to reside.