The European Union's top court has ruled that non-EU nationals married to EU citizens are entitled to live in their spouse's country.
The court overruled a law in the Republic of Ireland, which grants residency only to those who have previously lived in an EU member state.

The European Court of Justice had studied the cases of four non-EU nationals married to Irish citizens.
It said the Irish refusal of residence permits contradicted an EU directive.
"The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another member state," the ruling said.

"The (EU) Directive applies to all Union citizens who move to or reside in a member state other than that of which they are a national, and to their family members who accompany them or join them in that member state."

The case against the Irish justice ministry was brought by four African men married to EU citizens resident in Ireland. The men had been refused residence permits.
The court said the host member state "is, however, entitled to impose penalties, in compliance with the Directive, for entry into and residence in its territory in breach of the national rules on immigration".

http://www.ireland.com/newspaper/frontpage/2007/0830/1188336381381.html

Thousands of couples get deportation notice letters

Thousands of married couples have been issued with notices of intention to deport non-EU spouses, The Irish Times has learned. Kitty Holland reports.

The situation has emerged following a High Court ruling in June which said the Department of Justice was within its rights to insist non-EU spouses of EU citizens must live in another member state before residing here.

The European Commission has confirmed it is investigating the stance taken by the Department of Justice and said that it has received "numerous" complaints from couples affected by the court ruling.

Couples are being issued with "Section 3" letters informing the non-EU spouse that "the Minister proposes to make a deportation order in respect of you" on the grounds of being "unlawfully present in the State".

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.

The Immigrant Council of Ireland (ICI) says it has "about 750 cases" of couples in this situation.

"And that is just those that have come to our offices," says Catherine Cosgrave, legal officer with the ICI. "There will be others going to Citizens Advice Centres, the Migrant Rights Centre and solicitors."

In an unpublished ruling, seen by The Irish Times in June, Mr Justice Michael Hanna said the Department of Justice was intra vires in demanding that non-EU spouses of EU citizens reside legally in another member state before being eligible for residency here.

The case is being appealed to the Supreme Court. The solicitor taking the case, Derek Stewart, said his office was receiving "about 15 cases a day" from couples with "Section 3" letters.

The Department of Justice insists it is correctly implementing the terms of SI 656/2006, introduced in April last year, which lays down that non-EU family members of an EU citizen must reside lawfully in another EU state before being permitted to work and live here. This was introduced despite a directive from the EU introduced three years ago, 2004/38/EC, which says non-EU family members of EU citizens should be automatically permitted to work and live in the EU.

Ms Cosgrave said that the notices were being issued against couples who had married in Ireland.

She believes the measures are being taken to stamp out so-called "marriages of convenience".

A spokeswoman for the Department of Justice said all non-EU spouses who failed to satisfy SI 656 would get "Section 3" letters.

Those who had been in the country legally at the time of their wedding could "contact their local immigration office with a view to regularising their status in the State by renewing their original permission to remain".

Those who were here illegally when they married, however, "are unlawfully present here". They could make representations to the Minister to be allowed to stay on humanitarian grounds.

© 2007 The Irish Times

1,000 married couples face ‘legal fiasco’
Kitty Holland

An estimated 1,000 married couples face what is being described by the Migrant Rights Centre of Ireland as a “legal fiasco” following a High Court ruling that the Department of Justice is within its rights to insist non-EU spouses of EU citizens live in another member state before being allowed to live and work here.

The European Commission is investigating the stance of the department, it has emerged.

In an unpublished ruling, seen by The Irish Times, Mr Justice Michael Hanna said the Department of Justice was intra vires in demanding that non-EU spouses of EU citizens reside legally in another member state before being eligible for residency here.

Derek Stewart, solicitor for the couple who challenged the department, said at the weekend he would almost certainly appeal to the Supreme Court. He said about 1,000 other couples were affected. With directive 2004/38/EC, the EU ruled three years ago that non-EU family members of EU citizens should be automatically permitted to work and live in the EU.

However, since April last year, under the terms of SI 656/2006, the Department of Justice has demanded that such couples lawfully reside in another EU state first. Among those affected are Natalya Kuzmina (49) from Ukraine, who met her husband, Aivars Vejs (51) from Latvia, while she was working in Co Mayo. She is divorced and has adult children in Ukraine.

He works as a contract cleaner in Dublin and the two met in 2003 when she was visiting a friend in the city.

She had a work permit and moved to Dublin to work in a nursing home. They got married in the Ukraine in April last year.

She says her employer checked with the Department of Enterprise about whether she would need to renew her work permit once she was married and was told she would not.

She applied for residency in April last year and did not get a decision until last month. She has been frustrated by the delay and, unable to work, reliant on her husband’s income. They live in a bedsit in Cabra and had hoped to buy an apartment under the affordable housing scheme.

“We had a loan approval but this is gone now,” says Mr Vejs, shaking his head.

Asked what she does all day, Natalya shrugs and half smiles: “I just cry, shout at him, say ‘Why did we get married’?”

On May 15th, the Department of Justice wrote to her saying that as she had not lived in another member state, her application for residency was refused.

A spokeswoman said the EU Commission office in Dublin had a large number of complaints about the department’s stance.

The EU directive was “silent on whether non-EU family members of EU nationals should have resided in another member state but the spirit and purpose of EU law would appear not to support such a requirement”.

She described delays in processing residency applications as clearly contrary to the provisions of Directive 2004/38/EC.

Jacqueline Healy, acting director of the Migrant Rights Centre, said the position adopted by the department clearly went against the free movement of EU nationals and their families. “At the moment I would say the whole thing is a legal fiasco.”

A spokeswoman for the department said Mr Justice Hanna had vindicated the department. Extra resources were available to reduce delays in processing applications for residency, she added.

Ahern to announce junior ministers in next 48 hours
19/06/2007 - 07:38:22

The Taoiseach Bertie Ahern is expected to announce his new team of junior ministers within the next 48 hours.

Mr Ahern has already indicated that he will be creating a number of new positions in areas such as immigration, education and the elderly.

Two of the new junior ministers are already known, with Dick Roche becoming Minister of State for European Affairs and Green Party leader Trevor Sargent set to become Minister of State for Food.

The rest of the roles are expected to be formally filled at tomorrow's meeting of the Cabinet.

The decision to increase the number of junior ministers has been attacked by the opposition, who say it is a blatant waste of taxpayers' money designed to quell unrest among Fianna Fáil backbenchers.

They have also criticised the Greens and the PDs for acquiescing to the move.

Foreign nationals legally resident in the State will have to carry a credit card-sized permit containing biometric information under legislation published today by the Government.

The Immigration Bill, published by Minister for Justice Michael McDowell, outlines the basis upon which foreign nationals can lawfully reside in the State.

Under the legislation, the permit will be required as a means of verifying whether a foreign national is lawfully in the State.

According to the Department of Justice, those who do not qualify for legal status will "be liable to be removed summarily and detained if necessary to ensure removal" [from the State].