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LONG TERM RESIDENCY HOLDER BUT UNEMPLOYED

Forum to discuss all things Blarney | Ireland immigration

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IRISH PHAROE
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Posts: 304
Joined: Mon Sep 27, 2010 10:19 pm

LONG TERM RESIDENCY HOLDER BUT UNEMPLOYED

Post by IRISH PHAROE » Wed Dec 08, 2010 3:50 pm

Hi all,
Just I'm in an awkward situation right now, and I need advise from any of you.
I'm holder of long term residency based on 5 years working visa, I became unemployed and I couldn't find a job so far.
what will happen to my wife residency when she will go for renewal?
everytime the immigration officer asking for a letter from my employer.
will they not renew her residency?
what If I will go to work abroad (for not getting a job in here) and my wife living here in Ireland with my children ( 2 of them are Irish born children but after 2005), will they renew her residency?
another question:-
Being working abroad and my family in here (Ireland) will affect my citizenship application?
I'll be gratitude if someone can help.
peace on you

smalltime
Member
Posts: 204
Joined: Mon Jun 22, 2009 2:41 pm
Location: Dublin

Re: LONG TERM RESIDENCY HOLDER BUT UNEMPLOYED

Post by smalltime » Wed Dec 08, 2010 5:57 pm

IRISH PHAROE wrote:Hi all,
Just I'm in an awkward situation right now, and I need advise from any of you.
I'm holder of long term residency based on 5 years working visa, I became unemployed and I couldn't find a job so far.
what will happen to my wife residency when she will go for renewal?
everytime the immigration officer asking for a letter from my employer.
will they not renew her residency?
what If I will go to work abroad (for not getting a job in here) and my wife living here in Ireland with my children ( 2 of them are Irish born children but after 2005), will they renew her residency?
another question:-
Being working abroad and my family in here (Ireland) will affect my citizenship application?
I'll be gratitude if someone can help.
Just a suggestion I can give to you my friend .. see your options.
first if your wife is stamp 3 she will need you to be here. if shes on stamp 4 by her own she can renew it by herself.

if you are skilled find any job related to your skill if you can even you have to start at beginning. im saying this because if you can have chance to get the Irish passport and you and your family can work and live in EU if you want this option. or you can emigrate to other countries and start again (anyway your 2 kids are Irish passport holders and can go back in the future as an option) . but you have to have a job to have good chance for Irish passport approval in these days.

if you are working abroad and your citizenship is in the Queue then there is a chance that they will ask for your updated payslips, bank statements, p21. and if you already sent them these next stage if your social welfare report and gardai report. in the social welfare they can see if you are on the DOLE which is a no no. but I dont have clue if they will be able to know that your in the country - you might have chance. but
anyway it will be hard for your family without you here in Ireland would you think unless you have other relatives here to take care of them.

think about it
try very hard to get a job , no dole = naturalisation approval = EU right to live and work come back in future.

emigrate = 50/50 change getting approval = might be better future waiting.

its gamble my friend and a hard decision you have to make.

by the way you have 5 year long term residency so you have better situation than thousands of other immigrants currently have no job means they have to get a work permit which is very very hard to get now- just look at the bright side hehehe

good luck
pen pen de sarapin de kutsilyo de armasen
haw haw de karabaw de batutin

IRISH PHAROE
Member of Standing
Posts: 304
Joined: Mon Sep 27, 2010 10:19 pm

Post by IRISH PHAROE » Wed Dec 08, 2010 6:39 pm

thanks smalltime for the advise
peace on you

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Re: LONG TERM RESIDENCY HOLDER BUT UNEMPLOYED

Post by walrusgumble » Thu Dec 09, 2010 9:33 am

smalltime wrote:
IRISH PHAROE wrote:Hi all,
Just I'm in an awkward situation right now, and I need advise from any of you.
I'm holder of long term residency based on 5 years working visa, I became unemployed and I couldn't find a job so far.
what will happen to my wife residency when she will go for renewal?
everytime the immigration officer asking for a letter from my employer.
will they not renew her residency?
what If I will go to work abroad (for not getting a job in here) and my wife living here in Ireland with my children ( 2 of them are Irish born children but after 2005), will they renew her residency?
another question:-
Being working abroad and my family in here (Ireland) will affect my citizenship application?
I'll be gratitude if someone can help.
Just a suggestion I can give to you my friend .. see your options.
first if your wife is stamp 3 she will need you to be here. if shes on stamp 4 by her own she can renew it by herself.

if you are skilled find any job related to your skill if you can even you have to start at beginning. im saying this because if you can have chance to get the Irish passport and you and your family can work and live in EU if you want this option. or you can emigrate to other countries and start again (anyway your 2 kids are Irish passport holders and can go back in the future as an option) . but you have to have a job to have good chance for Irish passport approval in these days.

if you are working abroad and your citizenship is in the Queue then there is a chance that they will ask for your updated payslips, bank statements, p21. and if you already sent them these next stage if your social welfare report and gardai report. in the social welfare they can see if you are on the DOLE which is a no no. but I dont have clue if they will be able to know that your in the country - you might have chance. but
anyway it will be hard for your family without you here in Ireland would you think unless you have other relatives here to take care of them.

think about it
try very hard to get a job , no dole = naturalisation approval = EU right to live and work come back in future.

emigrate = 50/50 change getting approval = might be better future waiting.

its gamble my friend and a hard decision you have to make.

by the way you have 5 year long term residency so you have better situation than thousands of other immigrants currently have no job means they have to get a work permit which is very very hard to get now- just look at the bright side hehehe

good luck
After the OP stated he had Long Term REsidency, as oposse to Permanent REsidency, and stating he had work permits, it does not appear to be the case that EU law is involved. It appears, that the OP too, is an Non Irish / Non EU citizen. Issue of EU law is not relevant until Irish Passport is obtained, (granted the other poster was simply raising the "reward" if op sticks it out till decision day)

What stamp does the OP's wife have? Stamp 4 or Stamp 3?. If Stamp 3, it her residency depends on what the OP is doing. If its a stamp 3, immigration would expect that the wife would be living with OP, and if EU is not applicable, OP himself would be expected to live in Ireland. (of course there is a number of matters such as simply proving that Ireland is still the domicle.)

THe issue regarding the children, is irrelevant, they appear not to be entitled to Irish Citizenship, for now. (OP please confirm, as you simply said they were born after 2005, did you have 3 years recongable residency prior to birth of first chils?) However, even if they were entitled, under Irish law (subject to possible change with upcoming ECJ cases and or the current current but limited case of Chen v UK 2004) would not be a ground for residency on basis of parentage.

Will working abroad effect your citizenship application? If the department finds out, yes, you will have hassle. You are expected at all times to be regularly living here, at least until its granted. Any indication that you would be leaving once you obtain it might also cause hassle, so hush hush. You will be asked for evidence of residence and employment at some point and they will be checking your social details. (of course again, if effort to return to Ireland quite regularly, and ensure that Ireland is the domicle, maybe then you would have little problems)

As the other poster pointed out, if the OP's wife has a stamp 4 herself, grand don't worry about her

IRISH PHAROE
Member of Standing
Posts: 304
Joined: Mon Sep 27, 2010 10:19 pm

Post by IRISH PHAROE » Thu Dec 09, 2010 11:48 am

thanks walrusgumble for your reply.
I'm non EU.
My children became Irish as they born in Ireland and I was Legally live and work in Ireland for more than 3 years.
My wife's stamp is stamp 3.
I'm unemployed for more than 10 months so far due to the economy dowturn also I'm structural engineer (construction sector), from where all the problem came.
what I understood from your post that if I have chance for working abroad (this is the only oppertunity I can find right now-I applied for more than 30 jobs in Ireland but noway) so I'd go without telling them and appear as I'm spending from my savings.
I'll be gratitude if you can clarify more based on the information I submit here.
regards,
peace on you

walrusgumble
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Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Fri Dec 10, 2010 9:27 am

IRISH PHAROE wrote:thanks walrusgumble for your reply.
I'm non EU.
My children became Irish as they born in Ireland and I was Legally live and work in Ireland for more than 3 years.
My wife's stamp is stamp 3.
I'm unemployed for more than 10 months so far due to the economy dowturn also I'm structural engineer (construction sector), from where all the problem came.
what I understood from your post that if I have chance for working abroad (this is the only oppertunity I can find right now-I applied for more than 30 jobs in Ireland but noway) so I'd go without telling them and appear as I'm spending from my savings.
I'll be gratitude if you can clarify more based on the information I submit here.
regards,
It would be really really risky. Though, I don't recall the department will ever request a copy of your passport again (the Uk or whatever Stamps would be on) It might be tricky, as your current visa for Ireland will state LTR and the GNIB will look at all your other stamps. It might be worth a go, citizenship section will hardly know. But, they will ask for bank account, so how are you going to hide income from UK ie (employers now pay into accounts?) Will they really believe that you have lived off your savings for 10 months, especially if the wife can't work?

Seriously, have a word with a qualified & experienced immigration lawyer about this.

THe issue of Domicle, for tax reasons suggests you must live in Ireland for at least something like 188ish days in a year. No doubt domicle in the context of immigration will be lowered i think, it would be different if there was travelling back every weekend. In comparison, the EU Directive 2004/38 EC, for example, notes exception to gaps in continous residency for PR, which require the applicant to be back in host state at least once per week (note the frequent communting Polish may have with Germany and vice versa)

IRISH PHAROE
Member of Standing
Posts: 304
Joined: Mon Sep 27, 2010 10:19 pm

Post by IRISH PHAROE » Fri Dec 10, 2010 10:15 am

thanks walrusgumble
peace on you

fatty patty
Senior Member
Posts: 518
Joined: Wed Feb 03, 2010 3:25 pm
Location: Irlanda

Re: LONG TERM RESIDENCY HOLDER BUT UNEMPLOYED

Post by fatty patty » Tue Dec 14, 2010 6:14 pm

IRISH PHAROE wrote:Hi all,
Just I'm in an awkward situation right now, and I need advise from any of you.
I'm holder of long term residency based on 5 years working visa, I became unemployed and I couldn't find a job so far.
what will happen to my wife residency when she will go for renewal?
everytime the immigration officer asking for a letter from my employer.
will they not renew her residency?
what If I will go to work abroad (for not getting a job in here) and my wife living here in Ireland with my children ( 2 of them are Irish born children but after 2005), will they renew her residency?
another question:-
Being working abroad and my family in here (Ireland) will affect my citizenship application?
I'll be gratitude if someone can help.
Firstly your children are Irish so no issues there. Secondly I don't understand why the visa officer is asking your wife to give your employment letter, surely LTR stamp on your passport should be enough...even if you don't have a job yet and claiming SW, INIS cannot revoke your LTR on those basis...it might affect naturalisation but not your LTR. And once your passport expires (hope which is lasting a long time) you have to show you are in employment to renew. But personaly i think their shouldn't be any probs if your wife say that you are unemployed. But as I say the visa officer is going to update their record on the system and if you have naturalisation application in it will effect it. Going abroad wouldn't be an issue if you want to go abroad and think its feasible but make sure your wife's stamp is extended before you leave.

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