SPOUSE OF AN EU CITIZEN IN TROUBLE

[El shaddai]

Hi everybody,i will like to seek for some advice on behalf of my friend, he
married a lady from Estonia in Oct 2007 has eufam4 and there is a child between them.

situations are as follows ;

1. wife on jobseeker allowance for many years claiming for the husband as well since 2008 and taking all money all alone.

2. husband looking for work but wife giving conditions that get the job and 4get about the marriage

3. last week there was a little argument about husband looking for work and 3day after police came to the house and served the guy a summon letter file by his wife for protection order.

4. there was never any fighting or any violence at all but the wife went and claimed that he s violent going to court next month

5. Dont know what to do he is in a very bad mood and confused
anybody have any advise for this poor guy on what to do about the court order and wife theatening attitude,how he can work without loosing his relatioship and kid?
wife threatening separation or divorce.
Any possible facts and advise will be appreciated.

[rlow68]

Hi everybody,i will like to seek for some advice on behalf of my friend, he
married a lady from Estonia in Oct 2007 has eufam4 and there is a child between them.

situations are as follows ;

1. wife on jobseeker allowance for many years claiming for the husband as well since 2008 and taking all money all alone.

2. husband looking for work but wife giving conditions that get the job and 4get about the marriage

3. last week there was a little argument about husband looking for work and 3day after police came to the house and served the guy a summon letter file by his wife for protection order.

4. there was never any fighting or any violence at all but the wife went and claimed that he s violent going to court next month

5. Dont know what to do he is in a very bad mood and confused
anybody have any advise for this poor guy on what to do about the court order and wife theatening attitude,how he can work without loosing his relatioship and kid?
wife threatening separation or divorce.
Any possible facts and advise will be appreciated.

My advice to him is to take the sufferings on the chin till October ending, if the wife divorce him then, it has no effect he will still retain his residency, he can look for work fully then but if they divorce now, his papers will be revoked since the marriage has not lasted 3 years as stated in the EU directive. I know it is not going to be easy, but he has been enduring since, and I believe he will be able to endure it for the next 4 months.
As for the kid, he should just relax after the 3 years of marriage, he can take the wife to court for access to the kid, he is definitely going to get a good judgement in his favour.
If he refuse to follow my divorce, he may be deported, if he is divorce now by the wife and at the end of the day, he may not be able to see the kid for ever, so a bit of carefulness and common sense is needed.

[El shaddai]

thanks very much, i will definitely pass the message to him.

[Ben]

For how long has the Estonian national been resident in Ireland? What treaty rights are / have been exercised during this time?

[El shaddai]

she is 10 years now in Ireland worked for some time in the past for couple of weeks and went to school for 2years. thats all.

[Ben]

she is 10 years now in Ireland worked for some time in the past for couple of weeks and went to school for 2years. thats all.

In 10 years the Estonian national worked in Ireland for only a couple of weeks and went to school here for only two years?

Please provide dates.

I'm struggling to determine whether she is / has been resident in Ireland in conformity with the Directive, as well as whether she has acquired the right of permanent residence.

[scow]

hi guys.
I just want to say I met similar case.the wife claims family suppliment income,she refuses that her husband to work legally so she will get all the money.the poor guy worries as he cant get supportive letters to apply for naturalization (taxes,references) ,inspite of being working very hard for more than 3 years,beside they use him at work (give him less than the minimum wage,and treat him badly)just because he works black,and at the end of the day his wife take most of his wages.

[El shaddai]

She entered Ireland the year 2000 as an asylum seeker and later IBC statues in 2001 and in 2002 works for 2weeks in a factory,later became an EU citizen and since then on Social benefit and went to school between 2007 and 2008.then on job seeker allowance up till now.she dont care about work or permanent residence.only care about the dole.

[Ben]

She entered Ireland the year 2000 as an asylum seeker and later IBC statues in 2001 and in 2002 works for 2weeks in a factory,later became an EU citizen and since then on Social benefit and went to school between 2007 and 2008.then on job seeker allowance up till now.she dont care about work or permanent residence.only care about the dole.

Thanks for clarification.

Since we are interested in residence rights under EC law, what went on prior to 1st May 2004 is immaterial, since Estonia joined the EU on this date.

From what you have said, the Estonian national has not resided in Ireland for five years in conformity with Directive 2004/38/EC and so she has not acquired the right of permanent residence.

Additionally, from what you have said, she is not currently residing in Ireland in conformity with the Directive (she is not exercising a Treaty right), therefore the non-EU national spouse has no right of residence in Ireland either.

[El shaddai]

Additionally, from what you have said, she is not currently residing in Ireland in conformity with the Directive (she is not exercising a Treaty right), therefore the non-EU national spouse has no right of residence in Ireland either.

I dont agree with that because she has exercised her treaty right by going to school and after she finished she s looking for job,so she s on job seeker allowance which means if job is available she need to do but where is the job now in Ireland??She and her spouse ofcourse have every right to reside in Ireland as a European Union Citizen and Family member.

Anyway that s not the issue at hand now,how the guy can fight for his right is the most important.

[Ben]

Additionally, from what you have said, she is not currently residing in Ireland in conformity with the Directive (she is not exercising a Treaty right), therefore the non-EU national spouse has no right of residence in Ireland either.

I dont agree with that because she has exercised her treaty right by going to school and after she finished she s looking for job,so she s on job seeker allowance which means if job is available she need to do but where is the job now in Ireland??She and her spouse ofcourse have every right to reside in Ireland as a European Union Citizen and Family member.

Anyway that s not the issue at hand now,how the guy can fight for his right is the most important.

Going to school for a period of less than two years (even if comprehensive sickness insurance cover for the couple were held) does not entitle the EU national to remain forever more in Ireland. To say that "She and her spouse ofcourse have every right to reside in Ireland as a European Union Citizen and Family member." is quite nonsensical.

You must be aware that the right of an EU national and his/her family member(s) to reside in another Member State is not unconditional until permanent residence has been acquired, which does not apply in this case.

Further, the residence of the EU national in Ireland in conformity with the Directive (or not, in this case) is very much the issue at hand because the non-EU national spouse derives his right directly from this.

The fact is that, at this time, the Estonian national is not exercising a Treaty right in Ireland so is not resident in Ireland in conformity with the Directive. Consequently, at this time, her non-EU national spouse currently has no right to reside in Ireland under EC law.

she dont care about work or permanent residence.only care about the dole.

[El shaddai]

Thank you very much for your advice i will get him inform.