Irish Relocation

[pads]

Hi my son has been told by a Immigration Lawyer that he can look for work in another EU country and have his family join him however it was not clear if he needed a job before they could join him or if they can join him while he looks for work.

Questions.

One are they allowed to join him while he looks for work.

two is my son allowed to transfer his UK based JSA contribution based allowance.

three how can he support his wife and daughter while he looks for work in Ireland his daughter is a british citizen but his wife is American.

four does his wife require entry clearance or can she just report to the Irish authorities on arrival in Ireland.

five are they entitled to any help with accommodation such as housing benefit or any other assistance as he only has savings to last about a month for rent and food purposes.

Please help this is a mindfield to sort out but it is the only realistic way to reuinite his family.

Love pads x

[El shaddai]

What Nationality is your Son?

[pads]

What Nationality is your Son?

Sorrfy I should have said he is british x

[walrusgumble]

Hi my son has been told by a Immigration Lawyer that he can look for work in another EU country and have his family join him however it was not clear if he needed a job before they could join him or if they can join him while he looks for work.

Questions.

One are they allowed to join him while he looks for work.

Yes. Remember, some members of his family are British / EU. First 3 months there are no restrictions. The definition of "job seeker" is broad, they allow for about 6 months or so.

two is my son allowed to transfer his UK based JSA contribution based allowance.

Probably, yes.

three how can he support his wife and daughter while he looks for work in Ireland

Same problem if in the UK. Is wife working in the UK?

his daughter is a british citizen but his wife is American.

So? Child has her own rights and wife, I assume is legal in Britain and would be legal in Ireland (so long as Hubby gets work)

four does his wife require entry clearance or can she just report to the Irish authorities on arrival in Ireland.

Just confirm this with the Irish Embassy. I don't think Americans need visas. But yes, just bring proof of marriage and that hubby is a Brit.

five are they entitled to any help with accommodation such as housing benefit or any other assistance as he only has savings to last about a month for rent and food purposes.

Housing, while only job searching? Out of the question - see Article 24.2 Directive 2004 / 38 EC;

Job seekers allowance, however, probably, yes!. See Collins case of 2005 and Vatsouras Case 2010

[pads]

Hi many thanks for your reply however I do have a few questions.

One his wife is not legal in Britian she is currently in America with their daughter. They have not currently applied for a spouse visa because my son is out of work at the moment and she was refussed a visit visa because they said she wasn't a geniune visitor ie she really wanted to settle here.

If they would not be allowed any help with housing where would they live while he looked for work that seems to be the stumbling block.

Is his wife also allowed to look for work in ireland because she is related to an eu person.

Love pads x

[agniukas]

in relation to housing benefit as you are calloing it, please read here...
http://www.citizensinformation.ie/en/so ... ement.html

in order to qualify, one has to be renting in their own capacity for at least 6 months, plus there is a habitual residence requirement, meaning, that the person has to be residing in Ireland for 2 years before qualifying for assistance.
Social housing is another option, but that takes many years before one is approved. In some cases 10 years...
Therefore, there is no other option, but to go and rent privately.

If the british national cannot provide evidence of exercise of EU treaty rights in ireland, spouse will not be allowed to stay and work in the state.

Therefore, the EU national should look for work, find work, start working, gather at least part of the documents, and then the spouse can make an application for EUTR.
The spouse will be allowed to work only when the EU national provides evidence that he is exercising his EU treaty rights, ie. working, studying or self employed.

[pads]

Thanks for the info ##o it would seem that they cannot all go together then.

My son has a disability and therefore does not feel able to go on his own to look for work.

He would go if his wife could join him there however there is always online applying for jobs and then just attending for interviews where applicable.

Anyway many thanks for the info again it is all so very confussing.

Love pads x

[Greenie]

Pads you have been seeking advice for your son for almost a year now during which time it appears his financial situation has got worse rather than better (before he was working full time and now he is on jsa. I am not sure why they didn't just apply when he was earning 1000+ a month and rely on the fact he would get tax credits and child benefit. The government is about to announce changes to the rules next week which will make it even harder for your daughter in law to qualify for a spouse visa for the UK. If your son is on jsa now he would be entitled to the maximum child tax credit and child benefit which i would argue he can rely on as it is not his wifes presence in the UK that would give him this entitlement. This would leave him with a much smaller shortfall on the maintenance front. You also mentioned that he is renting a 3 bed house-he doesn't need a house this size to meet the requirement to could he consider down sizing? Or do you have room for them to live with you? Does he or she have any savings they could rely on to make up the shortfall?

Given the impending changes i would suggest that they apply as soon as possible as they have already wasted a year it seems. Even if they fall short of the maintenance requirements there would be a much better chance at appeal given that the child is British but if you delay further she will be subject to much more stringent requirements. To put it bluntly, they need to get on with it and apply!

[pads]

Greenie thanks for the reply.

They did not apply last year because with my son's housing costs we thought the would not qualify without third party support, by the time he had this he had spent the money for the visa so it could not be applied for.

He no longer has a three bedroom house he lost it when he lost his job so now he is living with his sister while the council find him a one or two bedroom flat that is all he is entitled too.

The immigration lawyer I spoke too said that even if he was living with me he would still need to have a job to prove he can maintain them all. So it would seem that without a job nothing can be done.

I can't tell you how hard all this is I think as a family we have totally given up my son says he will look into it when he has a job he says until then he can do nothing.

I don't know anymore we need some advice from a lawyer a good one.

Love pads x

[Greenie]

What she needs to do is apply. They probably won't meet the maintenance requirements without job but he will at least be closer with the current rules than the new rules, and the point is there is a better chance of success at appeal on family life grounds.

If he waits until he is in employment they will have to meet the new requirements which will require him to have an income of over 20k.

[pads]

The immigration lawyer said he might loose on family rights grounds though because they have never actually lived together as a family he has only spent a total of six weeks in the US in the last two years and his wife and daughter have not been allowed into britian in that time.

Love pads x

[Greenie]

A British child has the right to live in the UK. Zambrano has reinforced this. They can't say that the child doesn't have the right to a family life with her father because they have been unable to live together due to the fact that neither parent can get a visa Jo live in the others country.

They might be refused on family life grounds but in my opinion they have more chance of winning particularly when you factor in zambrano and the best interests of the child. I can understand why the lawyer is reluctant when the maintenance requirements are not met but given the time they have waited so far it does seem that waiting isn't really helping them.

What is the nature of his disability?

[pads]

He has dispraxia I don't know if you will know what this is but basically he isn't g ood at looking after himself, though once he has a job he does get up and go ok though I think mostly on auto pilot but he wouldn't be able to live by himself in ireland I don't think.

Many thanks for your advice though x

[Greenie]

He has dispraxia I don't know if you will know what this is but basically he isn't g ood at looking after himself, though once he has a job he does get up and go ok though I think mostly on auto pilot but he wouldn't be able to live by himself in ireland I don't think.

Many thanks for your advice though x

this is another factor in his favour - he is more likely to find stable employment if he is living with his wife? I don't think Ireland is a viable option. He needs family support so moving to another country where it will be even harder to find work doesn't sound like a good idea to me.

[pads]

perhaps you are right love, however they cannot apply for the visa at the moment because they have no money to do so until my son gets a job, his wife does not have any savings either.

But thanks for the advice.

I just thought if his wife could join him while he looked for work in ireland it would be quicker and easier then all the money that needs to be found is for a flight which a relative of mine has offered to pay for.

Love pads x

[walrusgumble]

Hi many thanks for your reply however I do have a few questions.

One his wife is not legal in Britian she is currently in America with their daughter.

Coming to Ireland , under EU law

History in Britain is irrelevant. Just prove that there is a family and there is a base.

They have not currently applied for a spouse visa because my son is out of work at the moment and she was refussed a visit visa because they said she wasn't a geniune visitor ie she really wanted to settle here.

A matter for the Brits. However, you mentioned that they have a daughter. That child is British. Therefore, that child has a right to stay in Britain. Therefore, wife should rely on Zambrano 2011 or at least the core principle in it, in order to live in Britain

If they would not be allowed any help with housing where would they live while he looked for work that seems to be the stumbling block.

Yes. Need to be working and here for some time . Same problems if Irish were away for years but only came back now.

Is his wife also allowed to look for work in ireland because she is related to an eu person.

Technically , yes. Best just hang on and make sure she is registered. She must wait until he has job ie exercising rights

[pads]

Hi thanks for the post so if they can find somewhere to live can she join him while he is jobseeking.

Does she need a family permit or can she just turn up.

Love pads x

[pads]

Hi am still confused by all this people keep saying that she should use form eu1 to apply for a residence card before coming to ireland however that does not apply as neither of them are there yet, and also my son is not registered with the job centre services in ireland yet and can't until he is there as I understand it.

The plan was to go together if they travel together will they let them both in as my son would be exercising his treaty rights as a job seeker.

Love pads x