Help mixed couple against INIS breaking EU law
Cette pétition avait 46 signataires
Please help us to relief hundreds of families who are victims of Irish Naturalisation and Immigration Services (INIS). This immigration office is not respecting EU Citizen rights, which are giving to any EU citizen and their family members the freedom to move to any EU member state. (Including Ireland - Directive 2004/38/EC - Free Movement Directive).
Many of us European, including Irish Citizen who have non EEA spouses, are experiencing huge delays in getting a visa for their partner, sometime almost 2 years ! This means 2 years of separation from our beloved ones ! This is outrageous and not acceptable for a country like Ireland which gets at the same time the benefits of being part of the EU and has signed the EU treaties . What is even more outrageous is that while you, Irish and other EU citizens, are waiting for your wife or husband to get a visa (join spouse), many tourists, students or businessmen/women are getting visas within a few weeks or maximum a couple of months. This is obviously (at least) for economic reason that INIS is prioritizing these kind of visa application rather than the 'join spouse' ones. Another unbearable point about that is that, a lot of non-EEA citizen workers which have critical skills (e.g engineers), have more chances to get quickly a visa for their non-EEA partner (dependant visa) than Irish / European citizens with the same skills!
The guide for EU free movement law (link below) is stating that this kind of visa (join spouse) should be granted as soon as possible, and within 4 weeks maximum. But with INIS, even though their website is claiming to process these applications on an accelerated basis this can easily take one year or two !
The only way to accelerate this kind of visa application with INIS, is to pay at least three thousand euro to a solicitor (to get a ‘mandamus order’ from the Irish High Court). The problem of that is that first of all, there are big delays as well with the Irish High Court. The second is that only rich people will be able to see their rights respected. The third problem is that there is no possible compensation of any kind from the Irish government (even advocacy fees!) even though they are causing huge prejudices, moral and pecuniary as well (because if your family is not their in Ireland with you, your are paying taxes as a single, although your have to care about your family as if they were with you - also because most of the time you have to travel back and forth to the country where the rest of your family is waiting for their visas…)
Dear Irish / European citizens or family member, INIS, by preventing our spouses to have their visa within a reasonable time frame, is like ‘kidnapping’ our beloved one, breaking EU law, and lying on the processing time on their website. And this is commited with utter impunity with no possible compensation for the hundreds or thousands victims. Please help us, by signing and sharing this petition, to convince Irish immigration service to stop lying to EU Citizen and respect these EU laws. This will help a good number of family members, still waiting to see each other again, and suffering.
We are totally fine if INIS doesn’t want foreigner in Ireland, but in that case they have to mention it clearly, and stop taking people by surprise, and bring them into this terrible trap.
INIS are not reachable by phone anymore, and they barely respond by email, giving almost no information, except that ‘The application referred to is currently awaiting examination.’. At the office (13 Burg Quay in Dublin), they are not able neither to give any information regarding your application. The only advice they have is that ‘we will have to wait’. Worse than that, once I asked if this could take 10 years, and the person replied with a little smile saying ‘yes could be’!
Thus, the following would be highly appreciable from INIS :
To update its website, and mostly the expected processing times which are utterly underestimated. They should also warn any new applicant of the real delays, before making new victims.
INIS to process urgently all the ‘join EEA spouse’ visa applications in priority before all the other visa categories.
INIS should also be able to give, for each visa application, a real status giving a good idea to the applicant, and an estimation of the processing data.
By advance, thanks a lot for signing and sharing this petition, to help a lot of families having their rights respected and be allowed to get together, united again.
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