Gap in employment for EU member

[IrishRyan]

Hi Everyone,

I'm hoping someone could assist.
I have had stamp4 eufam for 3 years and my spouse is EU member. She left her job and wasn't working for over a year, but did not claim social welfare at all. There will be a gap in employment when I complete the EU3 form. She is now working again.

Has anyone experienced this before?
Will this be a problem? Could it be reason for refusal?

Any advice or info welcome.

Many thanks.

[dupalsky]

Hey,

Somehow I think you already know what the answer is.

Your EU spouse needs to have been in employed, self employed or a student during the 5 years for you to qualify for permanent residence card. If this is not the case, then I am afraid, you will have to apply for EU1 again.

However, I am not sure why she did not apply for social while unemployed. If she had this would not have been complicated for you!

Dupalsky

[IrishRyan]

Thanks for the reply.

The reason she didn't apply for social was so that it didn't look like we we're trying to pull a fast one or be a burden on the state, In hindsight we probably should have.

Is applying for EU1 again a viable option?

Thanks for the advice.

[dupalsky]

Yes. You are perfectly entitled to apply as-apply for eu1 again. Since she is working again, you will need to include all her paper work like you did the first time.

Meanwhile, here is the good news for you, once your eu1 is approved, you can always apply for retention(this allows your residency to be based on your own right.

Good luck
Dupalsky

[IrishRyan]

that's great!

thanks for the help, Dupalsky!

[pukon_check]

Usually it does not affect your status.Any one could go to social.As long as the relationship continue you have nothing to worry..

[IrishRyan]

Yes. You are perfectly entitled to apply as-apply for eu1 again. Since she is working again, you will need to include all her paper work like you did the first time.

Meanwhile, here is the good news for you, once your eu1 is approved, you can always apply for retention(this allows your residency to be based on your own right.

Good luck
Dupalsky

Looking at the latest EU1 and many of the sections request information in regards to "Country you are coming from", this makes it tricky to answer as we have been living here for years.
The retention seems to be for cases such as death, divorce etc, unless I am missing something.

What I'm thinking about doing is once I have new EU1, I will apply for Citizenship through naturalization once I have enough days.

Thoughts?

[dupalsky]

Country you are coming from is the thing as country you came from(the country where you were before coming to Ireland).

There are ways to retain your status, death, divorce and departure. Say for example your EU spouse for one reason or another, after living and working here for 5 years, is no longer permanent or consistent in the state, you can apply for retention.

Yes! You are right. Apply for citizenship is the best way. But you also have to make sure that you satisfy the citizenship requirement( e.g being consistent in the state, working consistently in the state, obeying the law in the state etc) as this will be based on your own merit.

Dupalsky