adlexy wrote:fatty patty wrote:agniukas wrote:i think this is so that to show that your spouse as your dependant, has access to the funds that you hold. if you have a bank account and she has access to that bank account, that shows that she is your dependant, and you support her... that would be my thinking...
Very valid point. But it can be easily rectified imho by sending DOJ an attested letter stating he/she has access to those funds at any given time.
If that is their thinking, then that is a warped logic and a silly way to think.
I dont see the sense in the argument that a Dependant MUST have access to your account or be listed on a joint account to prove that they have access to the funds. It doesnt make sense and the framers of the Directive did not ask for joint accounts - for the same reason!
It is just one of the many "rules" that these guys come up with all the time through the back door to torment people with silly requests.
And then they will soon ask for PRTB with both names listed
These "rules" are provisions so that the State can be satisfied that they are actually living together as a couple. For many, yes, the PRTB issue is onerous, and a matter for the landlord, who may not have registered. But it is is, on paper a better proof than other proofs of living together, in a way. It is not a back door rule , as unreasonable as it might be. It is not overtly onerous requirement either.
As these requirements are publicly known prior to making the application, the State probably would be justified, in the eyes of the Commission to request them, in light of the Irish Concerns about certain marriages. (ook that is the only reason these documents are required, so don't go off on one, these documents have to be sought for everyone and not just the class of people who are suspected, as then you would be discriminating them from others.
The reason for access to the accounts, if you are saying you are self sufficient, is to ensure that you are self sufficient. (bearing in mind the rules in the Directive, which are not onerous)
The relevant section is Article 8 of the Directive
8.3
3. For the registration certificate to be issued, Member States may only require that
– Union citizens to whom point (a) of Article 7(1) applies present a valid identity card or
passport, a confirmation of engagement from the employer or a certificate of employment, or
proof that they are self-employed persons;
Union citizens to whom point (b) of Article 7(1) applies present a valid identity card or
passport and provide proof that they satisfy the conditions laid down therein;
– Union citizens to whom point (c) of Article 7(1) applies present a valid identity card or
passport, provide proof of enrolment at an accredited establishment and of comprehensive
sickness insurance cover and the declaration or equivalent means referred to in point (c) of
Article 7(1). Member States may not require this declaration to refer to any specific amount
of resources.
4. Member States may not lay down a fixed amount which they regard as "sufficient resources"
,
but they must take into account the personal situation of the person concerned. In all cases this
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.
If you look further in Article 8.5e, in relation to couples coming over from another country and are not married (different I know), they require evidence of dependency while in their country of origin. That could only mean evidence of money transfers to them. (it is just an example)
