Thousands of deportation notices for spouses of EU nationals

[corelli]

I think it important to note that the State have clarified that the only people subject to such orders where those who entered the State Ilegally and then, when here ilegally, married a non-irish EU national in order to gain residency rights. In other words they did not apply to join an existing spouse in Ireland but entered the State without permission and then married and applied. It would seem sensible that this not be allowed continue. The State says that this is the correct interpretation of the EU Directive on freedom of movement and was butressed in this view in the High Court. Save for an individual concerned approaching the Courts for in injunction preventing their removal from the State prior to the Supreme Court decision the State would seem to be perfectly within their rights in the present situation.

Finally, in answer to the previous post, the State is absolutely obliged in natural justice and under the immigration act to assess all cases on their individual merits.

[mikeruurds]

Thanks everyone. I'm going to consult an immigration lawyer just to be safe.

[mikeruurds]

I think it important to note that the State have clarified that the only people subject to such orders where those who entered the State Ilegally and then, when here ilegally, married a non-irish EU national in order to gain residency rights. In other words they did not apply to join an existing spouse in Ireland but entered the State without permission and then married and applied. It would seem sensible that this not be allowed continue. The State says that this is the correct interpretation of the EU Directive on freedom of movement and was butressed in this view in the High Court. Save for an individual concerned approaching the Courts for in injunction preventing their removal from the State prior to the Supreme Court decision the State would seem to be perfectly within their rights in the present situation.

Finally, in answer to the previous post, the State is absolutely obliged in natural justice and under the immigration act to assess all cases on their individual merits.

I must have missed something. Has this clarification been made? I thought that the only press release that has been made is to say that this letter was sent to hundreds and not thousands. The claim that it has only been sent to hundreds doesn't give me much faith that they won't continue to send hundreds or thousands more letters. This must be affecting lots of people.

[corkman2007]

But if they are not recognised as family members (spouses) in the first place...?

The Directive says they can be deported, but that the laws of the member-state in relation to this (and its actions) must be reasonable and proportionate.

Simply assuming, as the Department of Justice seems to have done, that all marriages between EU citizens and non-EU citizens isn't really reasonable or proportionate.

If the DOJ wants to implement this policy it will have to examine each marriage on a case-by-case basis.

But they've been given that option, I understand.

The letter gives the recipient three options - to leave the State voluntarily, to consent to being deported or to make representations to "remain temporarily in the State" within 15 days.

Doesn't that sound like a case-by-case assessment?

No. It's a standard letter that is being sent to every person in this situation.

However, the EU Directive (which is meant to have been transposed into Irish law) states:

Article 35
Abuse of rights
Member States may adopt the necessary measures to refuse, terminate or withdraw any right conferred by this Directive in the case of abuse of rights or fraud, such as marriages of convenience. Any such measure shall be proportionate and subject to the procedural safeguards provided for in Articles 30 and 31.

Furthermore the Directive does not require the non-EU spouses of EU citizens resident in Ireland to have lived in another EU member-state prior to their becoming residents of Ireland.

[madura]

I think a standard letter allowing for the assessment of individual cases on their specific merits would cover it.

Looking at the spirit of the thing rather than the letter, this measure would seem to be about the right to residency in an EU country. If the country of the EU spouse is prepared to recognise the residency rights, actual or potential (i.e. as determined by a bone fide application) of the non-EU spouse, then Ireland would be prepared to recognise those rights too. However, if another EU country is unwilling to grant those residency rights on the basis of a marriage to one of its nationals, then it’s not clear to me why Ireland should act differently.

Any Irish spouse of an EU national has to go through bureaucratic hoops to marry and have their status recognised in another EU country. But that's all it amounts to - red tape.

[kerrynorth]

Primetime 9.30 are covering this tonight.

[scotusone]

120 letters sent .

[Keith-M]

I would imagine that this ruling can be successfully challenged, is not the family sacrosanct in this country ?.

It is actually as a result of a High Court 'ruling' that they can go ahead and enforce this.

It's to be appealed to the Supreme Court.

If our system is being abused I'm all in favour of tightening controls, but I don't want to throw the baby out with the bathwater. Say for example a UK citizen living in Ireland meets and marries someone from Canada, I would hate to think that the Canadian be deported.

[Omega3]

[quote=Keith-M]

I would imagine that this ruling can be successfully challenged, is not the family sacrosanct in this country ?.

It is actually as a result of a High Court 'ruling' that they can go ahead and enforce this.

It's to be appealed to the Supreme Court.

If our system is being abused I'm all in favour of tightening controls, but I don't want to throw the baby out with the bathwater. Say for example a UK citizen living in Ireland meets and marries someone from Canada, I would hate to think that the Canadian be deported.[/quote:1dbszhv3]

They could move up the road to NI?

[tombeljan]

I came to this country in 2001 working legaly on work permit and i meet my future wife,in 2004 we get maried ,have kids!i'm from non eu country and my wife is Latvian(EU) now i have anual permit to work here on behafe of my wife!

My question is does this rulling will effect me as well?

I would really appriciate any help!

Sorry for bad English!