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Absence period allowed for EU citizen

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Sunshine86
Member
Posts: 117
Joined: Tue Aug 13, 2013 7:46 pm
Mood:
India

Absence period allowed for EU citizen

Post by Sunshine86 » Tue Dec 17, 2013 5:49 pm

Hi

Jst a quick question here for EU1 residence card-

What is the minimum time period allowed for an EU citizen exercising his treaty rights in Ireland to travel abroad for? 1 month?

Thank you all in advance.

New App
Newly Registered
Posts: 23
Joined: Fri Dec 27, 2013 10:51 pm

Re: Absence period allowed for EU citizen

Post by New App » Fri Dec 27, 2013 11:15 pm

Sunshine86 wrote:Hi

Jst a quick question here for EU1 residence card-

What is the minimum time period allowed for an EU citizen exercising his treaty rights in Ireland to travel abroad for? 1 month?

Thank you all in advance.

You can leave Ireland for as long as you wish. There is no law against leaving for any time.

if your application for EU treaty rights is being considered and your not resident in Ireland or living with your partner you will be refused.

Sunshine86
Member
Posts: 117
Joined: Tue Aug 13, 2013 7:46 pm
Mood:
India

Re: Absence period allowed for EU citizen

Post by Sunshine86 » Fri Jan 03, 2014 2:42 pm

New App wrote:
Sunshine86 wrote:Hi

Jst a quick question here for EU1 residence card-

What is the minimum time period allowed for an EU citizen exercising his treaty rights in Ireland to travel abroad for? 1 month?

Thank you all in advance.

You can leave Ireland for as long as you wish. There is no law against leaving for any time.

if your application for EU treaty rights is being considered and your not resident in Ireland or living with your partner you will be refused.

Would it not mean that the EU citizen is not exercising his treaty rights so my RC would become invalid if the EU citizen is away for say, 3-6 months??

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Re: Absence period allowed for EU citizen

Post by jeupsy » Sun Jan 05, 2014 10:32 am

For sure the entitlement for a stamp 4 EUFAM will stops if he EU citizen is away for too long and even if the GNIB card is valid for 5 years it can be revoked n the middle of the EU citizen ceases to exercise treaty rights (though in precise INIS is not capable of chasing everyone).

I can't find the extract reference anymore, but if I remember correctly the maximum period for the EU citizen to be away is 6 months, and it can be extended to 12 months in case of special circumstances (for example after giving birth, in case there is a need to go home for medical care or attending a sick family member, etc).

jinkazama_11
Member of Standing
Posts: 314
Joined: Fri Dec 03, 2010 7:22 pm

Re: Absence period allowed for EU citizen

Post by jinkazama_11 » Sun Jan 05, 2014 12:01 pm

Is it possible for INIS to know how long EU citizen is away from Ireland?
They never scanned my passport on Dublin airport when I travel from UK. Also i think there is no immigration control on CTA (Motorway and Dublin port).
Is it possible for INIS to match Ferry/Airline records with EU citizen passport details?
Thanks

EUsmileWEallsmile
Moderator
Posts: 6019
Joined: Fri Oct 07, 2011 8:22 pm

Re: Absence period allowed for EU citizen

Post by EUsmileWEallsmile » Sun Jan 05, 2014 9:38 pm

There are specific time periods set out in directive 2004/38/ec. Generally up to six months per year or one absence of up to twelve months for specific reasons.

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