Help About EU1 Application(6 months Gone)

[roddy1984]

Hi All,
I got married with my EU wife back home in Pakistan & got visa to join my wife in Ireland because she was working in Ireland. When i came here, i fill EU1 Form and send it DOJ along with all other relevant documents on 27/10/09 & later got temporary Stamp4 till 27/04/10.My wife lost job last month about 6 weeks ago but i didnot inform DOJ about that.I wrote a letter to DOJ on 26/04/10 and ask them to send me decision about my case because my visa will finish in 1 day.I also send my wife bank statement from last 6 months with my house lease & Letter signed from my Landlord that my wife is living there from last 1 year & I joined her in October & we extend contract for next 1 year.And also send Original Rent book which had all record of rend payments from last 1 year.Today I got Letter from DOJ that my correspondence and documents have been received on 27/04/10.
But in the letter tehy said "THIS OFFICE IN NOT IN A POSITION TO EXTEND MY TEMPORARY STAMP4 IN THIS STATE. PLEASE NOTE THAT ONUS IN ON ME TO KEEP MY PERMISSION TO REMAIN IN THE STATE UP TO DATE AT ALL THE TIME".
My question is how can i keep my permission update when they refuse to issue any positive letter & 6 months are already gone.I think they must issue decision within 6 months even it is positive or negative. Thats the law.What should i do now.Any suggestions ??

[Ben]

"THIS OFFICE IN NOT IN A POSITION TO EXTEND MY TEMPORARY STAMP4 IN THIS STATE. PLEASE NOTE THAT ONUS IN ON ME TO KEEP MY PERMISSION TO REMAIN IN THE STATE UP TO DATE AT ALL THE TIME".

What a pointless, contradictory statement.

My question is how can i keep my permission update when they refuse to issue any positive letter & 6 months are already gone.

You don't need permission to reside in Ireland if you have a right to reside here. The DoJ, in saying things like that, affirms that they consider the non-EEA national family member of an EEA national equal with all other non-EEA nationals in the state. This simply isn't the case.

I think they must issue decision within 6 months even it is positive or negative. Thats the law.What should i do now.Any suggestions ??

You're right, that is the law. Write to them again, point out Article 10 of the Directive and inform them that you will have no choice but to take steps at EC level if they continue to disregard the law.

[roddy1984]

1st of all thanks to reply me so quick Ben.
I wrote them Email & attached a scan copy of letter which they issued me.
I wrote them that "According to Law DOJ should reply me about 4EUFAM Application within 6 months time & 6 months are finished on 27/04/10.I also wrote them that how can i keep my status update when DOJ refused to issue me Temporary Stamp4." They should reply me about my decision within 6 moths but i dont understand why they send me that letter??
Anyway as soon as i will have some reply, I will put it here again & maybe I will need more advices from Ben and whoever can.
Thanks Again..
[/url][/list][/code][/quote]

[roddy1984]

Today morning I got reply by email that
"Your application for EU Treaty Rights is currently under consideration. You will be notified in writing once a decision has been reached."
Even thought 6 months initial time period for 4EUFAM finished on 27/04/10.

[roddy1984]

The Problem in my case is that my wife lost job about 7 weeks ago & still she didn't find any job.6 months time frame for 4EUFAM is already finished on 27th of this month.I didn't inform DOJ that my wife lost the job.But I send my wife last 6 months bank statement, Letter from Landlord that me & my wife are renting his apartment and signed another year contract.But I am scared that when they will find out that from my wife last employer that she is not working there any more. Maybe they will make it excuse to refuse my application. Quick Suggestion's and advices will be highly appreciated???

[Monifé]

How long was your wife been working here?

If less than 1 year, and she was let go, then she has a 6 month lee-way of looking for a job and has to register with FAS as a jobseeker and send DOJ the letter of registration.

If she is working here more than a year, it doesnt matter that she has been let go, and she can be a jobseeker and still be seen to exercising her treaty rights as long as she is registered with FAS and does not become an unreasonable burden on the state.

[IrishTom]

unreasonable burden on the state.

Define an unreasonable burden on the state. Would it be someone on Jobseekers Allowance? Someone in receipt of rent allowance?

Its a very open statement for the DoJ to make.

[koded]

unreasonable burden on the state.

Define an unreasonable burden on the state. Would it be someone on Jobseekers Allowance? Someone in receipt of rent allowance?

Its a very open statement for the DoJ to make.

Unreasonable burden is when the couples could not afford for their daily living and have no chance of finding a job in the state. Once she has a better chance of finding a job in the state the couple should not be regarded as being unreasonable burden to the state. Even if they decide to recieve jobseekers allowance or any other social walfare that apply.
As Monife has said her wife can register as jobseeker as still be exercising her rights if she has worked here for one year. or she will be allowed to look for work for a period of six months after losing her job when she has not worked for upto 1 year.
For the OP he made mistake by not informing them that her wife lost job. You should have done so by just registering at the employment office and submit some other documents to back that both of you are not going to be unreasonable burden to the state.
I guess you can still do that since your wife has not found any job yet.
I can understand that informing DOj about any changes is not in accordance to the EU law but just try to fulfil that for them since they state that in their website and all their letter to you.
Dont panic! It will be well. I guess they have little to do to you.
You need to mend your mistakes right away perhaps they are waiting for you to do that before they can take decision.

[Monifé]

An unreasonable burden on the state I would think would be seen as taking social welfare (jobseekers allowance and/or rent allowance) for a long period of time, lets say more than 9 months to a year and also not intending to look for a job at all which is what you need to be doing to be still exercising your treaty rights.

To the OP, I would say register your wife with FAS as a jobseeker IMMEDIATELY and inform DOJ IMMEDIATELY.

Yes it is not written in the directive that you have to inform them of any changes BUT it is written in Ireland's regulations that are associated with the directive, so if you do not inform them of the change of circumstances, they can refuse your card.

Good luck

[rlow68]

I read here people advising people about getting another job in time. Can people tell me where the job is now at the moment. Any available job, no matter how small, will first go to an Irish Citizens, which is very understandable, more job is going everyday, can you people tell me where the job is? as you keep on saying if he or she can get another job immediately, or in the next 6months, even the least of the jobs, which is cleaning is not even available. I dont believe their is any foreigner in this country, either on work permit, IBC, EU family member or legal refugees, who does not want to work or not looking for work, immediately they lost the job they have, but there is none, no job is being created, majority of the foreigners here only have reduced hours job or nothing. So can people tell me what is the way forward for non native who lost their jobs and looking for an opening in this country?

[kabuki]

I have sent my EU1 application in and am still waiting. My partner is the EU national and is unemployed. She has been in Ireland for more than 12 years, so it's a bit different, but we sent in a bank statement showing plenty of savings. I listed her as self-sufficient/jobseekr and they won't just turn down your application if all the info isn't there. We listed my partner as jobseeker/self-sufficient, and they sent us a letter requesting her to register with FAS and send them the registration letter.

Anyway, we still have a bit to go before we hear back, and we have to send an update as I've change my health insurance. Send everything you can think of, and as long as it it's a small thing, they will request you send it before declining your request.

[roddy1984]

My wife was working here for 9 months full time.And i started work here month ago.So definitely she is not going any where to apply for social welfare or any kind of benefit from Government. So dont worry IrishTom, your Government can give that money to some Irish Hard working job seeker.
About my case the problem was her company didnt issue her P45 till last week & they always said maybe they will give her few hours next week from last 6,7 weeks & she was hoping to get some hours.But last week they rang her and gave her P45, so we just know by last week that she lost the job.Now we are thinking to go to FAS on Tuesday.Hopefully DOJ wont decline my application before we get documents from FAS.Anybody know how long FAS take to register and send those documents back to you??

[kabuki]

Anybody know how long FAS take to register and send those documents back to you??

You will need to ring FAS and set up and appointment. They will tell you what you will need to bring with you, like your passport, CV, P45. Be sure to ask to be safe. They are actually very kind an helpful. Be sure to let them know that you have submitted and EU1 application and will a document acknowledging your registration for immigration. It will all be taken care of that day and you can post the letter immediately following registration.

Best of luck.

[roddy1984]

Thanks Kabuki,
I will go to FAS office on Tuesday with my wife.We have all these documents.So we will try to Register on Tuesday.I hope it wont be any problem on Tuesday.Hopefully they wont ask me to book appointment 1st. Anyway thanks everybody!!

[kabuki]

Thanks Kabuki,
I will go to FAS office on Tuesday with my wife.We have all these documents.So we will try to Register on Tuesday.I hope it wont be any problem on Tuesday.Hopefully they wont ask me to book appointment 1st. Anyway thanks everybody!!

They usually ask you to book one, but if you are going to chance it, then I would be there as soon as the open as appointments book up fast. They may have to book you for later in the day, but it would still get done that day. Best of luck.

[roddy1984]

Ya thats what we will do, we will be there even before they open the office. So even if we wont be able to Register same day, at least next day.But we have to take our chance, no other choice.
But really thanks for advice, Kabuki

[ImmigrationLawyer]

It is very important that you advise the Dept IN WRITING, ASAP that your wife is no longer working.

[roddy1984]

I got letter from FAS now.It stating that my wife register with FAS.Thats it.I will send this letter today to DOJ by register post.Hope fully get positive reply soon.Thanks everybody!! Specially kabuki & ImmigrationLawyer

[Ben]

It is very important that you advise the Dept IN WRITING, ASAP that your wife is no longer working.

Why?

[roddy1984]

Sorry Ben what your question??
I didn't understand at all

[Ben]

I was asking ImmigrationLawyer why s/he feels that "it is very important that you advise the Dept IN WRITING, ASAP that your wife is no longer working.".

[Monifé]

It is very important that you advise the Dept IN WRITING, ASAP that your wife is no longer working.

Why?

I think because in Irelands regulations they state that you MUST notify them of any change in circumstances, be it a change of address or if the EU citizen has ceased and/or entered new employment, along with the relevant documentation.

[Ben]

Must Irish citizens provide such notifications? Article 24 kicks in here folks.

[roddy1984]

So what is best advice for my Guys.Will I post this FAS letter to DOJ & inform them that my wife lsot the job??

[Ben]

Will I post this FAS letter to DOJ & inform them that my wife lsot the job??

Is the DoJ asking for up to date evidence of the activities of EU national in the state?