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Stamp 4 EU FAM Renewal(Help needed)

Forum to discuss all things Blarney | Ireland immigration

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saj85
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Stamp 4 EU FAM Renewal(Help needed)

Post by saj85 » Tue Jul 12, 2011 10:57 pm

Hi Everyone!
I was married nearly 5 years ago,and i got my stamp 4 eufam,because my wife was an EU National,she did stay in the Ireland for while worked here,but she never involved here in any employment or any other activity,as she was travelling here and back to her home country all the time to look after her parents,While i have been working all the time,throughout this time,never took any social welfare or any thing and never involved in any other activity.

I just would like to know,that when i will send my application to get my Stamp 4 EU Fam renewed,will i have any problem?because she was not working in Ireland?Or will it be Ok because i was working all the time and paying the tax and everything.

If someone who would have recently ,had their Stamp 4 EU FAM renewed,if they could please share any information which they had it will be very helpful of them.

With Regards
Saj

knapps
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Post by knapps » Wed Jul 13, 2011 2:28 pm

You have to be very careful .

for 5 years your wife never worked here. You got stamp because of your wife being an EU citizen.

I would suggest you to provide as much documentation as you can to the department.

For e.g,

if you have any bills under both names
tickets to prove that she was coming to ireland on regular basis to you
also that you are married and it is not a marriage of convinience

what i know that you should stay together for at least 3 years maybe some one can correct me if i am wrong

angelcountry
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Post by angelcountry » Wed Jul 13, 2011 5:18 pm

I think the 3 subject applies to a couple that has resided together after marriage for three years before separating.

But on the interim, the applicant need to demonstrate to the department of justice how and why the wife found herself in that case scenarios.
Reality and Proof can make a case in accordance with the fix rule custom and principle.

fatty patty
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Re: Stamp 4 EU FAM Renewal(Help needed)

Post by fatty patty » Wed Jul 13, 2011 5:51 pm


8. How do I acquire a right of permanent residence?

A non-EEA national can acquire a right of permanent residence under the Regulations in one of the following circumstances:

• You have resided in the State as the family member of an EU citizen in conformity with the Regulations for a continuous period of five years or more.

• Subject to the conditions of Regulation 13 of the Regulations, you have been residing in the State as the family member of an EU citizen who:

(i) is retired, having resided continuously in the State for at least 3 years, and having been engaged in employment or self-employment for at least the previous 12 months; OR

(ii) has ceased employment or self-employment as a result of a permanent incapacity to work, having resided continuously in the State for at least 2 years; OR

(iii) has ceased employment or self-employment having been incapacitated for work as a result of an accident at work or an occupational illness entitling him or her to a pension which is payable in whole or in part by the State.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 9(2) of the Regulations, arising from the death of the EU citizen. To acquire a right of permanent residence on this basis you must:

(i) be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants; AND

(ii) have resided in the State with the EU citizen for at least one year prior to the death of the EU citizen.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 10(2) of the Regulations arising from the divorce or annulment of the marriage with the EU citizen. To acquire a right of permanent residence on this basis you must be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants.
source: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

angelcountry
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Re: Stamp 4 EU FAM Renewal(Help needed)

Post by angelcountry » Wed Jul 13, 2011 6:17 pm

fatty patty wrote:

8. How do I acquire a right of permanent residence?

A non-EEA national can acquire a right of permanent residence under the Regulations in one of the following circumstances:

• You have resided in the State as the family member of an EU citizen in conformity with the Regulations for a continuous period of five years or more.

• Subject to the conditions of Regulation 13 of the Regulations, you have been residing in the State as the family member of an EU citizen who:

(i) is retired, having resided continuously in the State for at least 3 years, and having been engaged in employment or self-employment for at least the previous 12 months; OR

(ii) has ceased employment or self-employment as a result of a permanent incapacity to work, having resided continuously in the State for at least 2 years; OR

(iii) has ceased employment or self-employment having been incapacitated for work as a result of an accident at work or an occupational illness entitling him or her to a pension which is payable in whole or in part by the State.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 9(2) of the Regulations, arising from the death of the EU citizen. To acquire a right of permanent residence on this basis you must:

(i) be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants; AND

(ii) have resided in the State with the EU citizen for at least one year prior to the death of the EU citizen.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 10(2) of the Regulations arising from the divorce or annulment of the marriage with the EU citizen. To acquire a right of permanent residence on this basis you must be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants.
source: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
What are you quoting Ireland has indefinite leave to remain for immigrant ? Maybe for program refugee from Kosovo in those days i have never heard of that. The least residency they'll give you is 5 years and last they issued to IBC is 3 years no more no less.
Reality and Proof can make a case in accordance with the fix rule custom and principle.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 14, 2011 4:21 pm

Where is your wife now and what is she doing? Are you still together?

angelcountry
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Post by angelcountry » Thu Jul 14, 2011 4:45 pm

Directive/2004/38/EC wrote:Where is your wife now and what is she doing? Are you still together?
Why are you asking again, when the person has already explained earlier.

I will say Mensa et thoro.
Last edited by angelcountry on Thu Jul 14, 2011 4:49 pm, edited 1 time in total.
Reality and Proof can make a case in accordance with the fix rule custom and principle.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Thu Jul 14, 2011 4:47 pm

Directive/2004/38/EC wrote:Where is your wife now and what is she doing? Are you still together?
This is a question for saj85. It is unclear from the original post

saj85
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Post by saj85 » Thu Jul 14, 2011 9:49 pm

Directive/2004/38/EC wrote:Where is your wife now and what is she doing? Are you still together?
She is back in her country at the moment,not living with me.

fatty patty
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Re: Stamp 4 EU FAM Renewal(Help needed)

Post by fatty patty » Fri Jul 15, 2011 12:08 am

angelcountry wrote:
fatty patty wrote:

8. How do I acquire a right of permanent residence?

A non-EEA national can acquire a right of permanent residence under the Regulations in one of the following circumstances:

• You have resided in the State as the family member of an EU citizen in conformity with the Regulations for a continuous period of five years or more.

• Subject to the conditions of Regulation 13 of the Regulations, you have been residing in the State as the family member of an EU citizen who:

(i) is retired, having resided continuously in the State for at least 3 years, and having been engaged in employment or self-employment for at least the previous 12 months; OR

(ii) has ceased employment or self-employment as a result of a permanent incapacity to work, having resided continuously in the State for at least 2 years; OR

(iii) has ceased employment or self-employment having been incapacitated for work as a result of an accident at work or an occupational illness entitling him or her to a pension which is payable in whole or in part by the State.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 9(2) of the Regulations, arising from the death of the EU citizen. To acquire a right of permanent residence on this basis you must:

(i) be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants; AND

(ii) have resided in the State with the EU citizen for at least one year prior to the death of the EU citizen.

• You have resided in the State for a period of five consecutive years, having retained a right of residence under Regulation 10(2) of the Regulations arising from the divorce or annulment of the marriage with the EU citizen. To acquire a right of permanent residence on this basis you must be employed or self-employed in the State, or possess sufficient resources to support yourself and any dependants.
source: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
What are you quoting Ireland has indefinite leave to remain for immigrant ? Maybe for program refugee from Kosovo in those days i have never heard of that. The least residency they'll give you is 5 years and last they issued to IBC is 3 years no more no less.
Chap above is looking to continue his EUFAM4 without his EU spouse exercising her treaty rights, but the bigger fishy is that she is in and out of the state due to her domestic circumstances that can go against the applicant as she is not resident in the state proper. I quoted the Irish state's policy with a clear link, go read it and familiarize yourself with basic immigration in EU/Ireland, also indefinite leave to remain is a british term sunshine never heard of in the Irish republic. Program refugees from Kosovo? I haven't a clue what you on about here. IBC that is over in 2005 if I recall. The above EU stamp (i think) and WCATT is until the expiry of the applicant's non-eu passport wether the non-eu passport is valid for 5 years or 10 years.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri Jul 15, 2011 1:41 am

It sounds like you will have a difficult application. Worth reading http://eumovement.wordpress.com/2011/05 ... a-citizen/ for some background. Not sure I can help.

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