EU treaty rights what docs are needed?

ciaramc · Post by **ciaramc** » Sun May 15, 2011 12:01 am

My husband is applying for his residence card under EU treaty rights he has been in Ireland only a couple of days but we have exercised treaty rights in another European country for over ten years...I'm Irish but still applying under EU law...we are going to Burgh Quay next week and wondered what documents they will request - we want to be prepared!?

sideshowsue · Post by **sideshowsue** » Sun May 15, 2011 11:24 am

Here's a link to the EU1 application form. http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU1.pdf

All the required documents are listed on the form.

Good luck!

Post by **Directive/2004/38/EC** » Sun May 15, 2011 7:50 pm

ciaramc,

You need to be exercising treaty rights in Ireland before you can apply for the Residence Card (4EUFam). Are you working in Ireland?

I doubt I need to mention this, but photocopy EVERYTHING and make sure you send it by registered mail.

ciaramc · Post by **ciaramc** » Sun May 15, 2011 10:57 pm

Thanks for the replies - Directive sorry quick question thought I had up to 3 months to find employment? I mean we are self sufficent ? I had been exercising treaty rights for almost 10 years abroad?

Post by **Directive/2004/38/EC** » Sun May 15, 2011 11:22 pm

The length of time you were exercising treaty rights outside of your home country does not matter. Just matters that you were doing it.

You have an initial period of 3 months when you do not need to be exercising anything. And in fact as long as you are actively searching for a job and have half a chance to find something it can be six months or even longer.

But generally for the non-EU to get a Residence Card, the EU citizen needs to have found a job.

ciaramc · Post by **ciaramc** » Sun May 15, 2011 11:28 pm

ah ok got it so I will be lookng for work but as we have just arrived nothing is lined up yet.....quick question we need medical cover right? Do I need it for whole family? Also it asks about renting or home owning, but as I'm neither can I simply send a letter from my family member statng I'm living in the family home?

Thanks - just hoping to head to Burgh Quay asap?

Post by **Directive/2004/38/EC** » Sun May 15, 2011 11:58 pm

You need nothing in the fist 90 days. No medical insurance.

If you are planning to work, then you do not need to be specially covered with medical insurance. That is only if you are "self-sufficient" after the initial 90 days, or if you are a student after the initial 90 days.

Of course it can be required that everyone in the country have private medical insurance, in case they can require it of you also.

Post by **Directive/2004/38/EC** » Mon May 16, 2011 2:00 pm

ciaramc wrote:aAlso it asks about renting or home owning, but as I'm neither can I simply send a letter from my family member statng I'm living in the family home?

I am not sure why the Irish and UK ask about details of where you are living. I can not see any requirement for answering. As long as you are exercising your treaty rights (working or self employed or self-sufficient or student), you can be a "traveller" with no fixed address.

In fact the traditional traveling Tinker ("A tinker was originally an itinerant tinsmith, who mended household utensils"), who is self employed and living on the road, should fully qualify under EU law. And their non-Eu family members would be entitled to a Residence Card.

ciaramc · Post by **ciaramc** » Mon May 16, 2011 4:41 pm

Directive one more question - If I was to claim anything from social welfare eg medical card/gp card would this effect my husband's application? I'm not sure how it works I mean he has a residence card from Italy still valid for another 3 years sort everythfrom there? Also we have a child born in Italy but Irish passport? I understand he can apply through her also now due to this new case that has just come out? I'm looking for work!

Also will they give him a temporary stamp so he can work while he is getting the EU sorted?

Post by **Directive/2004/38/EC** » Mon May 16, 2011 4:54 pm

ciaramc wrote:If I was to claim anything from social welfare eg medical card/gp card would this effect my husband's application? I'm not sure how it works I mean he has a residence card from Italy still valid for another 3 years sort everythfrom there? Also we have a child born in Italy but Irish passport? I understand he can apply through her also now due to this new case that has just come out? I'm looking for work!

Also will they give him a temporary stamp so he can work while he is getting the EU sorted?

http://eumovement.wordpress.com/eu-coun ... o-ireland/ has a number of links. See especially http://www.deti.ie/labour/workpermits/marriedtoeu.htm about working.

Is your husband with you in Ireland right now? So this is just an issue of applying for a Residence Card?

You have every right to get normal social benefits. So if (pretty much) everyone has a medical card, so can you. If everyone gets a payment to help with their baby, so can you. To be honest, I am not sure what exactly the line is to being too dependent on the social welfare system. If you did not work at all, and relied 100% on public money for rent and to survive, and were doing nothing to look for work, then I suspect that would be over the line.

Note that you do not need to be working full time, and almost any real job will do. A part time job at McDonalds is fine. Working cleaning people's houses is fine. A viable business doing "cat-sitting" would be fine.

ciaramc · Post by **ciaramc** » Mon May 16, 2011 5:03 pm

Thanks -

Yes he is here with me he got a six month multi entry visa(this is his second visa for Ireland) we were told at airport go to immigration apply under treaty rights EU1 - he has a stamp saying no right to work and no right to social welfare which is fair enough. Plan on trying to find some work asap - just would not want it to go against his residence card - I have never applied for social welfare before so was not sure but as I'm not working and we have a young child thought to apply for medical card

Post by **Directive/2004/38/EC** » Mon May 16, 2011 5:05 pm

Does everyone in Ireland have a medical card?

If so, you can apply for everyone in your family, your husband included.

ciaramc · Post by **ciaramc** » Mon May 16, 2011 5:27 pm

Don't think everyone has a medical card but as I'm not working at moment and it is so expensive to just see the doctor thought a medical would help! We had free medical in Italy as everyone gets it, but obviously in Ireland no such thing!

One more question do you have to go to burgh quay early to get a number etc?

Post by **Directive/2004/38/EC** » Mon May 16, 2011 5:28 pm

Looks like Medical Card may be a little more subtle.. http://www.citizensinformation.ie/en/he ... _card.html

There is some information for EU law at the bottom, but it does not cover your question.

I do not know about how good it is go get a medical card. Maybe somebody else on this forum knows.

koded · Post by **koded** » Mon May 16, 2011 6:29 pm

Applying for Medical card will not affect your husband's chance of getting residence card. We applied for Medical card when we moved to ireland and it was granted. Although, my wife is working so I dont know the criteria for those that are not working. But I believe medical card is meant for those who cannot afford it. You should apply on time as the backlog is like 12 weeks or more. You can always update them when you start working.
You can as well apply for child benefit and for other social benefit I dont really know about it but since you are Irish you may qualify.
Try to apply as many jobs as you can, this will give you the opportunity of finding job sooner.
Again, if you apply for RC as self sufficient, I think you may not qualify for some social benefit.
Good luck in job hunting.

Post by **Directive/2004/38/EC** » Mon May 16, 2011 6:42 pm

While she is officially Irish, in this case I suspect she needs to be thinking of herself as if she was an Italian citizen who had just moved to Ireland. Not sure if that makes any difference for any benefits, but at least keep it in mind.

ciaramc · Post by **ciaramc** » Tue May 17, 2011 12:47 am

ok thanks for replies - I'm looking for work so hopefully find something soon - wondered I'm hearing alot about this Zambrano(sp) case we have a daughter who is obviously an Irish citizen can he apply for residence based on being her father also?

Muttsnuts · Post by **Muttsnuts** » Tue May 17, 2011 2:27 am

ciaramc wrote:ok thanks for replies - I'm looking for work so hopefully find something soon - wondered I'm hearing alot about this Zambrano(sp) case we have a daughter who is obviously an Irish citizen can he apply for residence based on being her father also?

An application under Zambrano would probably be refused by the INIS on account of the fact that a refusal of the father's applicaiton where the mother is Irish does not interfere with the childs rights as an EU Citizen. If the father was to be deported, the child could remain with the mother in Ireland. It's potentially one of those situations that should be tested in the Irish Courts (I think it was Judge Cooke who released a statement to that effect in the immediate aftermath of the Zambrano ruling). He should seek to apply under Zambrano anyway if only to see what the response would be.

The medical card should not affect your application. However, to fall within EU law, as has been mentioned already, you need to fulfill one of three conditions, i) be in employment (of any sort), ii) be in full time education or iii) have enough in the way of funds to support yourselves and have private medical insurance. If you are seeking to rely on iii), I would suggest that a medical card may be frowned upon but I can't see you being refused on that basis and again I would suggest that such a refusal could potentially be challenged in the Courts.

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EU treaty rights what docs are needed?

EU treaty rights what docs are needed?