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EU1 application means that the EU spouse has to be sufficient herself either in employment/study/enough funds to support.Hrothrekr wrote:Hello,
I am trying to get an answer to this question:
I am an Australian National who is married to a Finnish citizen. My wife wishes to move to Ireland in the coming months and I have been looking at the immigration requirements for myself.
At the present time my wife has just ended her studies in Norway and so has no specific employment, we live from my Doctorate Fellowship which comes to about 22000 Euro a year, plus support from her family. I figure that in section 3 of the EU1 form she qualifies as sufficient resources due to my income, but I wanted to confirm that this would meet the Irish requirements as I have found no specific amount quoted on the website.
I can provide evidence of this fellowship (22000 euro) plus we can provide letters of family support and their bank statements. Will this be sufficient?
Also, regarding passports, I read that immigration likes to hold passports for a month. Is there any way around this, as I often travel to conduct short interviews for my research.
I have asked immigration these questions, but i seem to get the run around, referred to other sections of immigration and telephones and emails that are not answered...
Thanks,
Hrothrekr
An EU citizen residing in the State exercises their rights under the Regulations and the Directive by engaging in one of the following activities, as outlined in Regulation 6(2)(a) of the Regulations.
A. Employment
Where the EU citizen is working for an employer in the State. This may include vocational training programmes and some non-proprietary directors of a registered company.
B. Self-employment
Where the EU citizen is a sole trader, in a business partnership, or is a proprietary director of a registered company operating in the State.
C. Study
Where the EU citizen is engaged in a course of study with a qualifying and recognised educational institute or college in the State, while possessing comprehensive sickness/health insurance in respect of them self, their spouse, and any dependants.
D. Involuntary unemployment
Where the EU citizen has been employed in the State for more than one year but has become involuntarily unemployed, and has registered as a job-seeker with a relevant office of the Department of Social Protection and FÃ
This is how the EU treaty rights go. Although one can be independently assessed when it comes to taxation, don't necessarily have to be jointly assessed for tax purposes so not always a single financial unit. But I understand where you coming from.Hrothrekr wrote:So... even though we are married she has to support herself... she needs to be financially independent to me?
If so, that is... well... ridiculous.
We are married... surely we are a single financial unit?
THe self sufficiency rule and Irish spouse does help though. I would not fancy one's chances if the irish spouse was on the dole for a while.fatty patty wrote:This is how the EU treaty rights go. Although one can be independently assessed when it comes to taxation, don't necessarily have to be jointly assessed for tax purposes so not always a single financial unit. But I understand where you coming from.Hrothrekr wrote:So... even though we are married she has to support herself... she needs to be financially independent to me?
If so, that is... well... ridiculous.
We are married... surely we are a single financial unit?
Its different when it comes to a person married to an Irish citizen living here in Ireland...that self sufficient condition will not apply to that Irish spouse couple then, I am sure its same rules in Finland for Finnish citizens and their non-EU spouses...but an EU citizen in another EU state has to be self sufficient in their own rights for EU treaty to take effect. This link is more detailed on this matter ...
http://www.citizensinformation.ie/en/mo ... ional.html
Maybe bank account statements from your parents with the letters, to show good faith. I suppose you would accept that without regular employment, (lets assume that she never gets work) €22K might be gone very quickly, particularily with you doing your PHD; research aint cheap.Hrothrekr wrote:The dosh comes from Australia.
I can show evidence of that in my name... I guess i could add her to my account.
Also, we would have letters of support from our families.
And of course health insurance.
What do you think? Enough?
correct, there is no solid definition of "sufficient resources" I think there is a bit on Artilce 8 of Directive 2004/38EC. See the Commissioners Communication of 2008ish on free movement, there maybe guidelines there.Hrothrekr wrote:I get paid a wage it isn't a lump sum. But it amounts to 22k p.a.
Its a continuing thing.
We live on it in Norway... I comparison life is cheap in Ireland...
I guess we live simply but of course immigration doesn't really consider that.
We have been to Ireland many times and honeymooned there.
So... there is nothing solid defined for "sufficient resources"???
I think you do have a very good chance but make sure to have a full health sickness cover as it is stated in the conditions by INIS/EU fam guidelines. In my opinion the amount where one becomes a dependent or should i say qualify for state resources is if they are earning around €127 a week. That is if they are earning that much and if only working 2-3 days they can claim social welfare for the rest of the days. Now as you said that you are earning €22k this means your weekly income is €432 you are well above that burden on the state threshold in my opinion. I would strongly suggest a joint bank account in both of your name as walrus suggested a good idea and to be honest it is manageable to be in 22k salary and support yourself and wife as prices are falling although a little challenging. Cost of living is coming down here in Ireland not as fast as hoped but defnitely are, you can see rents in Ireland for e.g. comparing what they were 2 years ago.Hrothrekr wrote:"amount shall not be higher than the threshold below
which nationals of the host Member State become eligible for
social assistance, or, where this criterion is not applicable,
higher than the minimum social security pension paid by the
host Member State. "
Does anyone know what this amounts to???
We plan just to rent a very cheap studio flat until we get something more... so hopefully it looks realistic...
Thanks for your help guys.