Can EU1 application be approved if I don't work anymore ?

[sofinette]

Hi there ,

I am an EU citizen and my husband is non EU . We are married since july 09 and as I was living in Ireland since 1 year and a half my husband come in Ireland after the marriage with a "join spouse visa " . We sent the EU1 application form in august and we should receive a response soon. The problem is that I left my last job on the 24th December . I found another one , the employer confirmed that they are going to hire me before the end of january but they still didn't gave me a starting date . I sent a mail to the immigration to inform them and they replied saying that the decision is going to be done very soon and I have to send them the contract as soon as possible .
I am afraid they are going to refuse my husband application because I am not working since 3 weeks and don't have a contract to provide them yet .
So my question is what can I do ? is there any issue for my husband to avoid a refusal ? Can they refuse his application because I am not working since 3 weeks ? Please help me I am desperate and very afraid !!!

[acme4242]

Hi Sofinette
We have been having a similar discussion here
http://www.immigrationboards.com/viewtopic.php?t=50048

By Law, As an EU citizen you have a right to remain in Ireland with your spouse who should obtain a 4EUFAM card if you are either

1) Employed
or
2) Self-Employed
or
3) Enrolled as a Student
or
4) Self sufficient

[dublin3]

Yeh they can refuse your application if you are in in working but its good thing that you have informed INIS about it.
Now if you think you will have difficulties finding another job then get a comprehensive sickness insurance for your and your husband and you will be fine.
then they can not refuse your application but if you can provide a job contract that will be great.
I wish you best of luck!

[sofinette]

Hello guys,

Thank you very much for your quick responses .
But the thing is I have already found another job , but don't know what will be my starting date ... it should be fixed before the end of the month , but in the meantime , the immigration can refuse the aplication .
It is unfair to receive a refusal letter just because I didn't worked since 3 weeks!! I am working since 1 year and a half and will start a new job at the end of january , unfortunately when they are going to deliver .

Can I send them an email with my futur employer's detail or a confirmation letter from them saying that I will start in their company by the end of the month ?

[sofinette]

By the way , my husband which is the non EU citizen , is working .
You mean that if I got a comprehensive sickness insurance they couldn't refuse our application ? are you sure about that ?
Does anybody know where I can subscribe at this kind of insurance ?

Thanks.

[86ti]

II am working since 1 year and a half and will start a new job at the end of january , unfortunately when they are going to deliver.

You should still be considered as a worker for at least six months after termination of the work contract. However, you are also obliged to register your unemployment. Have you?

[sofinette]

No I didn't cause I have already found another job . I inform them about that . Do I still have to be registered as a jobseeker ?

[86ti]

No I didn't cause I have already found another job . I inform them about that . Do I still have to be registered as a jobseeker ?

Well, you are without work at the moment... Try to do so if you can just to satisfy the formalities. It would be very unreasonable to deny your application as it is very clear that you will be continuing to work just a month after the termination of your last job. I suppose you already have a new work contract? Possible that you would have to show that as a proof.

[sofinette]

No , unfortunately , that is the biggest problem ; I think I won't have any problem if I had already my new work contrat but I hadn't ! my new employer told me that I could get it the day I'll start . But they are unable to give me a starting date right now , they just confirmed that it will be before the end of the month .

[dublin3]

If I were you I would get a letter from my employer for confirmation of job and give Inis the contact details of company.
and you can register yourself as a job seeker as previous poster have stated.
But I don't think so they will refuse your application just because you don't have a job for three weeks.
if you are still unsure you can get medical insurance for you and your husband and this will make you self sufficient.

[Directive/2004/38/EC]

No I didn't cause I have already found another job . I inform them about that . Do I still have to be registered as a jobseeker ?

You should register as a job seeker no matter what. No loss. As soon as you get another job, you can then unregister.

I would not have bothered telling immigration. It is not material to any decision they make. You have been working and excercising your treaty rights. Small periods of time off are 100% fine, as long as you are job hunting.

I would, were I in your position, send them a letter which says you (1) have been working, (2) are looking for a job and (3) expect to work again soon. And remind them that they have a MAXIUM of 6 months from August to decide on the EU1 application.

You can also contact the EU for their opinion ( http://ec.europa.eu/citizensrights/ ) and include that in what you send to Irish immigration.

Be sure to send ALL post to Irish immigration by registered mail.

[sofinette]

Hi there,

my husband's visa has expired last week . I contacted the immigration on regular basis since 3 weeks ago saying that my husband's visa is going to be expired . they told me that they will be in touch with nearer the date but they didn't . They didn't respond to my last 2 emails , they didn't sent back the original documents I sent them 3 weeks ago and now I am desperate I don't know what to do .

We went to the garda last week with my husband and they said they cannot do anything without the immigration's agreement .

Can anyone advise there ?

[dublin3]

There is something going on with Garda station and they are doing a lot of investigation on EU1 applications and they are taking more time these days.
And even if your application is approved you still need to go through an interview with Garda and then something might happen.
I have my EU1 application approved 2 weeks ago and last week we went for registration and they took us to the first level and start asking questions and and then going to call related persons (employers, Landlord) and after they the Garda said there will be no registration today because we need to verify few more thing and they took our phone numbers and said they will call us.
My visa is going to expire in 2 weeks time and they said we will call you well before that. They are not suppose to do that I know.
I have spoken to a lawyer and she said they are just wasting time and trying to find out anything to not issue a resident card but she said nothing can happen as you have fulfill the condition set out by directive and you have been approved they can't refuse to issue a resident card.
She have sent them a letter that she is going to take a legal action.
I know the reason why Garda is doing this.
If you are still working then there will be no problem you will be issued with a resident card.

[sofinette]

Hi Rebel , thanks for your reply !

I just receive 5 min ago an email from them saying that the decision letter is issuing to me today . So I will get the letter in 2 or 3 days I presume. Yes I am working right now .

You mean that once you get your approval letter , they still can say that they are going to investigate more , they can ask to me and my husband a lots of question over there and we could have to wait longer ?

Oh Godddd ! First I have to wait till Wednesday or Thursday, I am so afraid !!! I will sleep finger crossed !

[walrusgumble]

go

[Directive/2004/38/EC]

Oh Godddd ! First I have to wait till Wednesday or Thursday, I am so afraid !!! I will sleep finger crossed !

Relax. There is nothing to be afraid of. Your husband has a right to be with you and is not going anywhere unless you both decide to leave Ireland for your own reasons.

[sofinette]

we received a refusal

Here are the reason : you did not submit the required documents : Evidence of residence including Current bank statement for both applicants and a letter of Registration from the PRTB.

I sent them the lease of the appartman and inform them that we have a lot of difficulities to contact our Landlord , and she told us once that she don't want to register us . Regarding bank statements, I sent them mine and they can see on it that the rent is paid ... i sent the statement of my husband few months ago ...

Now what I am going to do ?

They wrote / If you feel that the deciding officer has erred in fact and/or law then you may request a review of the above decision ..... All requests for a review of a decision must be made in writing within 15 days .

Ok within 15 days , but does anyone know how long it take to get a response from the review ? ( please don't say 6 months again !)

On another page they explained that we have 3 choices /
1. leave the state before the minister decides the matter
2. consent to the making of a deportation
3. Make representations to remain temporarily in the state
You are entitled to make written representations to the Minister for Justice , Equality and Law reform setting out reasons as to why you should be allowed to remain temporarily in the state . All such representations should be made on the attached Form N°3 ( but there is no form N°3 attached !) ... If representations are not made in the appropriate form then there is a danger that they will not be attached to the file and will not be considered ....

- if following consideration of the application, the Minister decides to refuse you temporary leave to remain you may be made subject to a deportation order. You may not be given the option of leaving voluntary or consenting to deportation.

Can anyone clarify please what mean "Make representations to remain temporarily in the state" ? do I have to write a letter or something like that ? my husband's visa has expired on the 19 February, but he is working which means he is working illegaly right now ? oh God!!

Could anyone advise pleasssseee ???

[Ben]

Now what I am going to do ?

Write a letter of complaint. To be honest, it's quite shocking that they don't believe you're resident, yet they're sending you a letter. If you're not resident, how are you to receive the letter?

Complain.

[sofinette]

Now what I am going to do ?

Write a letter of complaint. To be honest, it's quite shocking that they don't believe you're resident, yet they're sending you a letter. If you're not resident, how are you to receive the letter?

Complain.

Hi Ben,

Where should I complain ? I don't even know .
That's true it 's shocking as they can use everything as a proof a residence , payslip, bank statement, lease ...

What's the problem ? I feel something is wrong there.

[Ben]

Did they provide any other reason for the refusal, aside from not believing you're resident?

You're right, something is wrong there.

[sofinette]

Nothing else , it is exactly how I wrote in the last post .

[IrishTom]

Nothing else , it is exactly how I wrote in the last post .

Get a lawyer.

[IrishTom]

but he is working which means he is working illegaly right now ? oh God!!

If they find out, his employer could be facing a large fine.

[Ben]

but he is working which means he is working illegaly right now ? oh God!!

If they find out, his employer could be facing a large fine.

No, not if the couple are resident in accordance with the provisions of the Directive.

[Obie]

Without beating about the bush, i will say the refusal is unjustified.

They need to establish you are exercising treaty rights in the Ireland, which has already been established by them.

Under community law, you are entitled to be a frontier Worker, and hence your spouse is eligible to stay in the country in which you are residing and the one in which you are working.

Therefore, saying someone is not resident in the state and hence, their family member cannot have their right of residence confirmed is in its entirety wrong.

I had this problem with the DOJ and we successfully prevailed, due to the fact my EEA family member was posted to another country in the EU, in the 3 months leading to the decision being made on our application.

However this is not applicable to you, as you are residing and exercising treaty rights in the state anyway.

It is important to note that it is treaty rights that confer the right of residence and not residence that confers the right to exercising treaty right.

Write a letter saying you are not happy with their decision as it is and err in law, and you will be seeking judicial review and claiming for damages caused.

Those letters in almost all circumstance will merit a speedy and most likely positive responce.

This is from personal experience.