Absence from Ireland for more than 1 Month (Stamp 4 EU FAM)

[Alixlboy]

Hi All,

...So here is the question: Who has seen the below condition?

(2) A family member to whom paragraph (1) applies who is not a national of a Member State shall notify the registration officer of the registration district in which he or she is located—

(b) of an absence by him or her from the State for a period that is longer than one month, which notification may be made before his or her departure from the State but, in any case, shall be made no later than 7 days after he or she has been absent from the State for a period of one month.

Reference: http://www.irishstatutebook.ie/eli/2015 ... e/en/print

a) Does this apply to everyone who is on Stamp 4 EU FAM?
b) Would it be possible if you come back from holidays longer than one month and then inform the authorities about your absence?

I don't think many people really know about this and it's a funny rule.

[usmanch313]

I never hear such like these things .
Its mean any one who is Eu FAM
Should informed if he or she going for more than months .
Strange

[shpirtshqipe]

Reference: http://www.irishstatutebook.ie/eli/2015 ... e/en/print

This Rule has always been there and I believe it is a rule most EU member states exercise. If you continue to read further down from the link you have posted under the "Retention of rights of residence" you will find this extract " (a) temporary absences not exceeding 6 months in a 12 month period".

To compare, in the UK such rule is also in effect and when you apply for the permanent residency you have to provide evidence of the reasons you have been abscent throughout the period you had the EUFAM permit.

Obviously the reason of abscense is one which will determine if it was used in line with the Freedom of Movement Rights or not. In other words, if for example your absence is because of taking up employment in another Country then in essence you have ceased exercising treaty rights in Ireland. Similarly if the EUMFAM holder is abscent from the State for let's say, 2 months of holidays in their country of birth then this should not be a problem.

So as you see the rule is there to stop people whom perhaps in the past have abused such loophole and in return have made it more difficult for anyone else (That's us) who applies thereafter

All the best

[Alixlboy]

Yes - That's right. There is and has to be a reason for every rule, however, majority of the EU FAM Stamp 4 holders don't know about this at all. One of my friends just spent three months outside of the State and never informed anyone.

[shpirtshqipe]

I know what you mean & feel your pain but unfortunately these are issues faced by any of us who choose to go through this route without the consult of a lawyer (me included). Like in different situations I've come to learn of this rule the hard way so I have therefore from now on taken the trouble to google the hell out of the EU rules related to EUFAM.

They obviously don't like serving the information on a silver plate and will do the utmost little as possible to satisfy the EU statute and leave people to work it out in their own.

All the best

[Alixlboy]

You're right. However, one question still remains: Do we need to let them know in advance or can we do that after returning from our holidays as well (within the 7 days limit)?

Plus, can this be done by simply writing an email to the EU Treaty Rights section?

What's your opinion on the above?