Can temporary Stamp4 & Stamp4Eufam make-up 5yrs(60month)

[kazy]

I have a quick question and I will be grateful if anyone can provide an answer, My Stamp 4eufam expires on the 14th Oct 2014 and from the look of it, it's 15 days shy of the required 60 months because it started on the 30th of October 2009. My question is this,does the initial temporary stamp 4 that was granted for 6 months before a favourable decision was made on the EU treat right application, does this counts aswell to make up the 60months. I have had a look at the EU3 application but the issues is that my brother has relocated to Nigeria since last year and I don't think i'm entitled to this category as a result of that. I still have about 2 years left before making the application but seriously I just want to know the best step to take to avoid problems in the future. I will appreciate a quick response.

[Ben]

If you mean to say that you were issued a residence card as the brother of an EU national, and your brother left Ireland last year, then I'm sorry to say that your right to reside in Ireland ceased to exist the day your brother ceased to reside in Ireland. Consequently, any Garda Certificate of Registration you may have been issued which bears the endorsement "Stamp 4 EUFam" lost its validity on that date.

That is, unless you have already acquired the right of permanent residence, but from what you have stated that does not appear to be so.

If you are indeed now an unlawful resident of Ireland you will not be eligible to apply for LTR under national legislation.

[kazy]

Hi Ben, are you saying even if I work for 5 years with my Stamp4Eufam as I am doing at the moment, I cannot apply for LTR based on the 5 years rule with both the initial temporary stamp4 and the 5 year stamp4Eufam that adds ups to the required 60months?

[Ben]

I'm sorry to tell you, but as you derived your conditional right of residence in Ireland by virtue of your relationship with an EU national who was resident in Ireland, your right to reside ceased when he ceased to reside.

In short, you were supposed to leave when he did. Your residence since then has been unlawful.