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EU Treaty Rights2019-10-02T11:47:51+00:00

EU Treaty Rights

It is the EU’s aim to establish a uniform level of rights and obligations for regular immigrants, comparable with that for EU citizens.

EU Treaty Rights

Under European Union Law, citizens of the European Economic Area (EEA) which encompasses the 28 EU member states, Iceland, Norway, and Liechtenstein, together with citizens of Switzerland (which is not in the EEA) are entitled to move and reside freely in EU member states other than the member state of [...]

October 2nd, 2019|

Important EU Treaty Rights Decision Issued by the European Court of Justice in Chenchooliah v Minister for Justice and Equality Case C94/18

On the 10th of September the European Court of Justice delivered the highly awaited judgement in the case of Nalini Chenchooliah v Minister for Justice and Equality Case C94/18. The case concerned the European Communities (Free Movement of Persons) Regulations 2015/Council Directive 2004/38/EC and the practice of the Minister for [...]

September 14th, 2019|

As highlighted in previous Articles on our website, over the last two years Sinnott Solicitors have instituted High Court Judicial Review proceedings on behalf of clients in a number of cases seeking orders of Mandamus to compel the Visa Office to issue decisions on outstanding visa applications for family members of EU nationals. These applications were submitted pursuant to Council Directive 2004/38/EC and The European Communities (Free Movement of Persons) Regulations 2015 with the EU citizens already residing in the state exercising their EU Treaty Rights or intending to do so.

We are aware of applications submitted over two years ago which are still awaiting decisions and unfortunately the delays at present continue.

The Department must be satisfied that the family member is actually dependent on the sponsor.  Therefore, the dependency must be pre-existing and sustained prior to the making of the application.  It must be proved that the dependency existed when the dependent was living in their home country.  The financial support must not just be welcomed but must be essential for the ongoing support and subsistence of the family member.

treaty rights

New Family Reunification Scheme from May 2018

The Minister for Justice has just announced a new humanitarian admissions programme for people who wish to seek family reunification for family members.  The programme is called The Irish Refugee Programme Humanitarian Admission Programme (IHAP).  Under the programme, vulnerable family members will qualify for admission into Ireland.  Irish citizens and refugees can propose family members for consideration for admission from 14th May to 30th June 2018.  The scheme will be extended.  People from certain countries can make proposals for family members provided they meet the conditions of the scheme.

If you wish to avail of this programme your application must be sent to the Minister immediately.  The programme was just recently announced and you should check the qualifying criteria at the following link http://www.inis.gov.ie/en/INIS/Pages/irish-refugee-protection-programme-humanitarian-admission-programme-2-(ihap)#Beneficiary   If you wish for us to make the application for you we would need the following information:-

  1. Completed application form
  2. Colour copy of your Irish Passport, all pages
  3. A copy of the passport of the family member that you wish to bring to Ireland and a certified translation of the passport
  4. A colour copy of that person’s National Identity Card if they have one
  5. A colour copy of the persons certified translation of their Birth Certificate and Marriage Certificate if appropriate
  6. Two colour passport size photographs of that person.  On the back of the photographs, the person’s name should be printed in block capitals

Eligibility for Family Reunification for spouse, civil partner of de facto partner

The person must be at least 18 years of age at the time of making the application.  The qualifying periods are as follows:

For a marriage or civil partnership, no minimum duration of the marriage will be required.

For a de facto partnership, they must have been in a relationship akin to a marriage including cohabitation for two years prior to making the application for family reunification.

Entry into the state for the purpose of entering into a marriage may be permitted provided that the Department is satisfied that it is not a marriage of convenience.  Permission granted in those cases will be provisional and not more than six months duration at the end of which the marriage must have been registered.

13 Point Guide to Brexit-proofing Your Own Future Now & Bringing Your Family to the EU Via Ireland

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