EU Treaty Rights Update (September 2010)

Welcome to our first posting! We are starting with our update on EU Treaty Rights that was in our weekly newsletter in September 2010. We will be posting weekly updates on immigration matters and we welcome your comments! 
This area of immigration law often presents complex matters. As we continue to progress and research these particular cases, many of our EU Treaty Rights clients have concerns relating to their permanent residency in the State after having been granted the EU Family Card.  What happens when there are marital difficulties and the couple separate? 
It is important to note that the Long Term Residency Section does not deal with cases whereby the applicant has 60 months of Stamp 4 granted to them by  virtue of their marriage to an EU national. The Long Term Residency Section pass any such applications to the EU Treaty Rights Section and this is where the difficulty begins! 
From our recent correspondences, the EU Treaty Rights Section currently seems to be indicating that in order to avail of Permanent Residency under Directive 2004/38EC, spouses must complete Form EU3 (the application form for permanent residency after having resided with the EU spouse for five years).  This is of course impossible when the EU spouse has left the State or has re-located to another address and will not sign the form.   
We received a range of contradictory information from the EU Treaty Rights Section and we are following this matter up with the Department on an individual client basis as well as on a more general footing and shall keep you posted on our blog as to any further developments!
Unfortunately we are also experiencing delays on part of the Department in terms of the initial Form EU 1 applications as well as reviews of negative decisions. This makes for a difficult and anxious time for many of our clients who patiently await their temporary Stamp 4 – we have sought to challenge these delays by issuing court proceedings on the basis of breach of the applicant’ s rights under the Directive 2004/38/EC and the Regulations implementing the Directive. Hopefully this won’t be necessary and our clients can avail of their right to work as soon as possible!

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