Sofiane Belaid

03 Lotissement sud
MILA43-000 ALGERIA
Visa Section [email protected]
Department of Justice and Equality
13/14 Burgh Quay
Dublin 2
LETTER OF APPEAL

Visa Decision Reference: 33056682

Dear sir /Madam

I submit this letter to appeal against the decision of 16 th May.

I am an Algerian national. I enclose original birth certificate which was not included in my
application.

I am married to a Polish citizen. The refusal letter questioned whether my wife was free to marry.
The divorce certificate of my wife has been provided showing the dissolution of her previous
marriage and I would submit that the evidence demonstrates that my wife was free to marry under
Irish law at the time of our marriage.

My wife is employed in Ireland. She provided evidence of her employment at the time of the
application. Given the length of time since the application was made, further documentation,
including a contract, P60s and recent payslips which confirm her current her employment are
provided with this appeal. Given the duration and the regularity of her employment, I would
contend that the employment constitutes genuine and effective employment and that my wife
should be considered to be exercising her rights as an EU worker.

The refusal letter states that I have failed to provide evidence from the Residential Tenancies Board
of the registration of my wife’s tenancy. My wife has secured a tenancy at a new address since the
making of the initial application. She now resides at The Cottage, Beach Lane, The Burrow, Portrane,
Co Dublin. An RTB registration certificate is provided with this appeal together with a tenancy
agreement. However, I would contend that the existence or registration (or lack thereof) of a
tenancy is not a matter which impacts on my right of entry under EU law.

The refusal letter states that I have failed to provide bank statements showing that I will not have
recourse to public funds. Bank statements of my wife are provided with this appeal. However, I
would contend that this information does not impact on my right to enter Ireland to join my spouse
under EU law.
I intend to work in Ireland and not to have recourse to public funds. However, I would contend that
the relevant provisions of EU law do not preclude me or my wife fro00m having recourse to public
funds.

Although I have not been able to join my wife in Ireland, I have continued to see her as often as I
have been able to. This has included the following trips, as well as constant communication through
phone and electronic media:

- Tunisia from 21/7/16 until 3/8/16

- Poland from 20/12/16 until 4/1/17
- Poland from 7/2/17 until 11/2/17
- Tunisia/Algeria from 20/7/17 until 3/8/17
- Spain from 20/12/17 until 4/1/18
- Algeria from 26/4/18 until 10/5/18
- Spain/France from 20/12/18 until 7/1/19
- Spain from 27/2/19 until 6/3/19

Evidence of the various trips is enclosed with this appeal together with evidence of ongoing
communication.

I rely on Article 5, EU Directive 2004/38 which states:

“Without prejudice to the provisions on travel documents applicable to national border

controls,Member States shall grant Union citizens leave to enter their territory with a valid identity
card or passport and shall grant family members who are not nationals ofaMember State leave to
entertheir territorywith a valid passport”

I have presented a valid passport, and evidence that I am a family member of an EU citizen. I
contend that this documentation alone is sufficient to establish a right of entry under the above
Article.

Article 6 of the above Directive states:

“1. Union citizens shall have the right of residence on the territory of another Member State for
aperiod of up to three months without any conditions or any formalities other than the
requirement tohold a valid identity card or passport.

2. The provisions of paragraph 1 shall also apply to family members in possession of a valid passport
who are not nationals of a Member State, accompanying or joining the Union citizen”
I believe that the documentation provided by me demonstrates clearly that I have a right of entry
into Ireland to join my spouse and to reside there for three months under the above provisions of
the EU Directive.

I also believe that I have extended rights of residence in Ireland and would intend to make the
relevant application for a residence card under Articles 9 and 10 of the above Directive upon my
arrival in Ireland.

Kind regards

Signed…………………………………………..

Date: