possible issues renewing stamp 4??

[coketero]

This is a continuation of my post on renewing stamp 4 on the basis of EUFam while I await for naturalisation.

I will make it short, I was granted stamp 4 back in 2009 when I moved here with my wife who was working at the time. Two years later,my son was born and she stopped working to take care of him. I have been working during all these 5 years and we have never claimed any social welfare. My concern is that the fact that my wife is not working or studying could be seen as not exercising treaty rights, even though, we have not depended on the state at any moment and we consider ourselves self sufficient.

I would like to know if anyone has any experience on thia type of situation and how could it affect my naturalisation or eu1 renewal applications.

[jeupsy]

Your Stamp 4 EUFam is conditional to your EU family member being working or studying. Did your wife resign from her job (or take voluntary redundancy) or was she laid off? If she was laid-off it could help in saying she was still a worker after she finished her employment (but in involuntary unemployment).

The thing is, in the letter granting you the stamp 4 EUFam, it says that the onus is on you to inform INIS of any change you your or the EU citizen's situation. So if she left her job voluntary you were supposed to let them know and they would have most likely revoked your GNIB card. Of course in practice many people won't tell them, but that is the rule and if they learn about it they could hold it against you.

Don't apply for EU3 as they will most definitely deny it based on the fact that the EU citizen was no working for the previous 5 years.

I think your 2 safest bets are :
- if your wife can find employment and keep it for a few months, use that to apply for EU1 (re-applying based one your relationship without her working could be risky even if it is just to get the temporary Stamp 4).
- I assume your son is an Irish and/or EU citizen. That might also be a way for you to get your Stamp 4 renewed but an I not as knowledgeable about this option and someone else might be able to give more detailed information.

[coketero]

Thanks Jeupsy. It sounds like we are in trouble then, I doubt she can find employment in such a short period (less than 2 months). My son is EU citizen but I don't see how that could help . I might need to see a solicitor. Thanks.

[110]

You could possibly renew your stamp 4 based on zambrano as your son is an Irish citizen now

[coketero]

You could possibly renew your stamp 4 based on zambrano as your son is an Irish citizen now

Thanks 110. My son is not Irish as he didn't qualify to be Irish, he has the citizenship of his mother (EU)

[stanakines]

Coketero I caanot read what you sent me in private as i am still new on the forum and cannot access this feature yet. We are pretty much in the same case.

More info on the post "Renewing Stamp 4 while waiting for naturalisation"

[jeupsy]

I think there should be a way to get a Stamp 4 though your child (at least a temporary one which will let you finish the naturalisation process).

Yes I would see a solicitor to review the option and ensure than you have no trouble until naturalised. I wouldn't be too worried as there a a few possible routes, but you definitely need to choose which one is best and act on it shortly.