IQF81 wrote:hi guys,
I am a non Eu married to an EU national since 2006 approved visa till 8/4/2012,applied for the PR(EEA4) in Oct 2011 on the basis of EU treaty rights,my wife worked in Ireland from 2006 till 2008 ,she is on J.A since,where as i worked from from 2008 till 2010,due to the closure of business,am on her's Social payment as an qualified Adult.
Now since my visa was expiring on 8/4/2012 and my application was still pending the dept contacted me and gave me an extension on stamp4 till 30/05/12, meanwhile i had to travel back to my home country and i was due to come back on 23/05/12 but yesterday i was told by my wife that she received a letter from dept of justice that they refused my application for PR,Reason that my wife didn't work for the continuous period of five years,now they have only given us 15 days to send the application back for a review failure to do so they will send my case to deportation department,
I am confused what to do,what if the immigration desk at Dublin airport won't let me into the country but i have changed my return plans,now am coming back on 10th of may .
Any advice will be appreciated.
I am not an advocate but give to u Advice that better u can talk with your Lawyer .about ur decision and maybe can Appeal as well .you can read more from Eu website i get these..
After living legally in another EU country continuously for 5 years, your non-EU spouse, (grand)children or (grand)parents automatically acquire the right of permanent residence there without having to meet any further conditions - they can stay as long as they want even if they don't work and need income support.
Their continuity of residence is not affected by:
temporary absences (less than 6 months a year)
longer absences (compulsory military service)
one absence of no more than 12 consecutive months for important reasons like pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.
They should enjoy the same rights, benefits and advantages as nationals.
They can lose their right to permanent residence if they live outside the country over 2 consecutive years.
Workers
If you were working or self-employed in another EU country and died before acquiring permanent residence there, your non-EU spouse, (grand)children or (grand)parents may receive special treatment. This may include permission to stay permanently if:
your death resulted from an accident at work or occupational disease, or
at the time of your death, you had lived continuously in that country for at least 2 years.
Permanent residence card
Towards the end of their 5th year of continuous legal residence your non-EU spouse, (grand) children or (grand) parents should apply to the authorities for a permanent residence card.
The permanent residence card is often issued free of charge (or for the same price as identity cards for nationals).
The card should be valid for 10 years and is automatically renewable without ay condition or requirement.
When applying for their permanent residence card, they must present proof they've been living legally in the country for 5 years - for example, a valid residence card issued 5 years ago.
If you have problems getting a permanent residence card for your non-EU spouse, (grand)children or (grand)parents, you can call on our assistance service.
Request to leave / Expulsion
Your non-EU spouse, (grand)children or (grand)parents may live with you in another EU country as long as they continue to meet the conditions for residence. If they no longer do so, the national authorities may require them to leave - but they cannot be expelled.
In exceptional cases, your new country can decide to expel them on grounds of public policy or public security but only if it can prove they represent a very serious threat.
The expulsion decision or the request to leave must be given to them in writing, stating all the grounds, how they can appeal and by when.
http://europa.eu/youreurope/citizens/re ... nts_en.htm
After living five years you have to right apply for citizenship as well.
