Permanent Residency card for stamp4 EUFAM

[malikscompany]

I need help here please.
I have stamp 4 EUFAM, my wife is British Citizen and we have been living here since last 4 years, I will be completing my 5 years period in 2012, I read on websites that I can apply for permamnet residency or Nationality after that, but I think I have a prob.

me and my wife have been of social welfare since last 2 years, I am trying to find job but didnt have any luck, I trying to get admision in college last year too but didnt have any luck in that aswell.

I have applied in many colleges and Universities this year and I hope I will be accepted as I applied nearly everywhere and dont mind moving.

can someone please tell me that if I am full time student can I still apply for permanent residency or Irish Nationality ??

If I am on social welfare can I still apply for permanent residency or Irish Nationality.

Please help me if you can because I am worried about this, because if I have to be working then I will just work harder to find a job or move to a bigger city coz there are more jobs available. I still have 1 year left on my stamp4 EUFAM.

Thanks[/b]

[Ben]

Do you mean to say that your wife is not working, self-employed, enrolled in a course of study, financially self-sufficient or involuntarily unemployed after having been employed?

The day she stopped exercising an EU Treaty right in one of the capacities above is the day your right to reside in Ireland ceased.

It matters not what your activities are or have been, only the activities of the EU national matter.

Permanent residence is acquired following five years of lawful residence in the state in conformity with the Directive.

Irish nationality can be applied for following five years of lawful residence in the state other than as a student. Those who have accessed social welfare are usually refused.

[malikscompany]

I need help here. does anybody know what stamp do I apply for after completting 5 years on stamp 4eufam. I dont want to apply for Citizenship untill I complete 2 years on job as I am not working at the moment

[Ben]

I need help here. does anybody know what stamp do I apply for after completting 5 years on stamp 4eufam.

A "stamp" is not applied for, per se. It is described on a Certificate of Registration issued by the GNIB.

The GNIB will only issue a Certificate of Registration to a family member of a Union citizen if he has in his possession a letter from the Department of Justice confirming eligibility to receive same.

You will receive this letter if you make a succession application, to the DoJ, for a Permanent Residence Card.

In order for your application to be successful you will need to provide evidence that the EU national has been lawfully resident in the state, in conformity with EU Directive 2004/38/EC and national transposition, for at least 5 years.

[ImmigrationLawyer]

IMHO you (the OP) are probably worrying too much. I'm not sure that your right to residency has ceased, bc your wife is no longer "exercising treaty rights". Is the 5 yr card not intended to confer some long term security of residency to the EU national and their family? But you should make sure your wife is working or studying at the time you apply for your permanent residency next year.

[Ben]

I hope to god you're not a real immigration lawyer.

[malikscompany]

I have letter from the department of justice granting me right of resident for 5 years. my wife worked nearly 3 years here before being unemployed, even I worked here too legally.
since we are unemployed we have been looking for job and been trying to get admision in college too but computition is too high nowdays and its not easy even to study.

Mr Ben, I dont think that its right that the day she was unemployed my right to stay here ceased,people lose their jobs it doesnt mean that they should leave the country next day. we are unemployed unvoluntarily and have been looking for job or courses very actively. I have many refusal letters from colleges and universities to prove.

any advice guys ???

[Ben]

my wife worked nearly 3 years here before being unemployed
..
we are unemployed unvoluntarily

You are correct, if your wife is involuntarily unemployed after having been employed in Ireland, your right to reside in Ireland is maintained. You didn't say this in your OP.

When you apply for your Permanent Residence Card, after having acquired the right of permanent residence in 2012, you need to make explicitly clear the timeline of your wife's activities in the state for the last five years. You need to clearly evidence the circumstances of your wife's termination of employment and that she has been a jobseeker since then.

[macam bird]

Hi Malikscompany,

As long as your wife was working and is now signing on and attending all FAS interviews etc, then that is classed as below:

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

[Directive/2004/38/EC]

Remember that it is 5 years of residence in Ireland. It does not matter when the 4EuFam (the "Residence Card") was issued.