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Will my maternity leave affect my husband getting STAMP4?

Forum to discuss all things Blarney | Ireland immigration

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

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Heylo1001
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Posts: 4
Joined: Wed Dec 02, 2015 9:57 pm

Will my maternity leave affect my husband getting STAMP4?

Post by Heylo1001 » Wed Dec 02, 2015 10:07 pm

Hi everybody,

could you help me with one matter. I am a EU citizen and my husband got his temporary stamp 4.
Our baby is due in February just before his temporary Stamp 4 will expire.
Should we contact the EU Treaty that I am leaving for maternity and how will this affect the final decision
for his Stamp 4 issued for 5 years?
I am still employed and coming back to work in July.

Thank you in advance.

joekearns
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Posts: 15
Joined: Tue Aug 25, 2015 7:38 am

Re: Will my maternity leave affect my husband getting STAMP4

Post by joekearns » Thu Dec 03, 2015 8:22 am

Heylo1001 wrote:Hi everybody,

could you help me with one matter. I am a EU citizen and my husband got his temporary stamp 4.
Our baby is due in February just before his temporary Stamp 4 will expire.
Should we contact the EU Treaty that I am leaving for maternity and how will this affect the final decision
for his Stamp 4 issued for 5 years?
I am still employed and coming back to work in July.

Thank you in advance.
I understand, when your husband applied for EU treaty right for 5 years Stamp so they gave him Temp 6 months stamp 4 which will be mature to Stamp 4 EU-Fam after 6 months. So i personally think, you don't need to inform them in the middle of process. If later, just before his stamp-4 expiry they send out letter asking your activities in the state than you can informed them about your maternity leave and get letter from social W.department of all maternity benefits or un-employment benefits claim till that date. But you might have by that time coz once you start your maternity leave than Social welfare Dep will send you detail plan of your maternity benefits entitlement for next six months.
So wait and see!
Best of luck.
Tnx

Obie
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Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Will my maternity leave affect my husband getting STAMP4

Post by Obie » Thu Dec 03, 2015 10:57 am

If your contract of employment will remain with company, but you are simply going on leave, then no need to tell them.

If however there is no contract and the company will not be paying maternity pay, then she must inform the department, quoting Saint Prix.
Smooth seas do not make skilful sailors

Heylo1001
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Posts: 4
Joined: Wed Dec 02, 2015 9:57 pm

Re: Will my maternity leave affect my husband getting STAMP4

Post by Heylo1001 » Thu Dec 03, 2015 3:44 pm

Thank you for replying to my post.

I will still remain employed only taking the maternity leave from 1st of January until 1st of July.
Company wont be paying my maternity leave since I am less then 2 years in the company.
However I am treated as someone who is coming back to work and who has a permanent contract.

Heylo1001
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Posts: 4
Joined: Wed Dec 02, 2015 9:57 pm

Re: Will my maternity leave affect my husband getting STAMP4

Post by Heylo1001 » Thu Dec 03, 2015 3:50 pm

Obie, I'm reading about St. Prix but all I could find was how that affects UK.
Do you have any page I can visit that relates to Ireland?

Thanks.

Heylo1001
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Posts: 4
Joined: Wed Dec 02, 2015 9:57 pm

Re: Will my maternity leave affect my husband getting STAMP4

Post by Heylo1001 » Thu Dec 03, 2015 3:54 pm

Obie, did you mean I should quote this part from St. Prix case?

A French woman in London left her job as a teaching assistant when she was six months pregnant as she found it too strenuous. But when she claimed income support for having her baby she was refused on the grounds that she was not a worker.

Jessy Saint Prix returned to work three months after her baby was born but took her case to the Supreme Court, which then referred it to the European Court of Justice. It ruled that a woman giving up work because of the physical constraints of the late stages of pregnancy and the aftermath of childbirth have the status of ‘worker’ — provided they return to work after the normal maternity leave period.

Sorry for asking but law is not one of my areas, so I am thanks to the decision from supreme court of justice in UK that she is classified as a "worker" and my husband has the right to remain here with me.

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