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EU3 Application/Permanent Residence.

Forum to discuss all things Blarney | Ireland immigration

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Johnkenn
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EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 12:15 am

I am about to make my application for permanent residence/EU3. I just have a few question. My Stamp 4 will be expiring next month and am sending my application tomorrow morning. Will I be issue a Temp stamp 4 when my stamp expired next month pending when decision will be made on my application I really need it because of my job. My wife has been for the past 5 yrs in Ireland,but just last month she stopped work because her company could not provide her good hours and it was to expensive to be paying for babysitter. She is now on Jobseeker,will that affect my application?

jeupsy
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Re: EU3 Application/Permanent Residence.

Post by jeupsy » Fri Feb 27, 2015 9:57 am

I think if your wife left her job voluntarily it might cause issues (but EU1 and EU3 require the EU citizen to be working or studying).

I assume you have an Irish/EU dependant child though. Maybe that could be your backup plan.

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 10:41 am

But she has been exercising her EU Treaty Rights for the past 5 years by working. Yes I have a 3 years old daughter,but i thought that if she has been working for the past 5 years that's fine.

brunocavalcanti
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Re: EU3 Application/Permanent Residence.

Post by brunocavalcanti » Fri Feb 27, 2015 11:06 am

I don't think that there is a problem with that if she was exercising her EU Treaty Rights for the past 5 years. If she's looking for jobs, just send a letter to immigration explaining what happened and attach a few pages showing that she is looking for jobs. (Normally those automatic emails that companies send "thanks for your application") It should be fine.

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 11:28 am

Hopefully she will get a job soon as she has been searching for one now. Will I I be giving a Temp stamp when my stamp expired next month? I need to so much for my job

Leinsterimmig
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Re: EU3 Application/Permanent Residence.

Post by Leinsterimmig » Fri Feb 27, 2015 1:12 pm

If your wife has evidence of residing and exercising her rights in the State for 5 years then she is entitled to EU3 Permanent Residency approval. Even if she is currently unemployed, this does not matter, the important issue is that she has a 5 year period where she was working/studying and residing in the State. Hope this helps
pm me for email address as it's not allowed on the open forum

jeupsy
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Re: EU3 Application/Permanent Residence.

Post by jeupsy » Fri Feb 27, 2015 1:19 pm

Johnkenn wrote:But she has been exercising her EU Treaty Rights for the past 5 years by working. Yes I have a 3 years old daughter,but i thought that if she has been working for the past 5 years that's fine.
But she is not working now. Not trying to be over-pessimistic here but I think they might take the chance to use this to decline your permanent residence status (they are more demanding with EU3 applications compared to EU1 as once it is granted your status is not dependant on the EU citizen any-more and they have to allow you to stay in Ireland permanently with no condition).

In your application are you saying clearly that she is currently unemployed or are you just providing the documents up to last month and not saying anything?

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 1:38 pm

In the application i said she stop working last month as the company could give enough hours because January to March is always quite. I am optimistic that she will get a job soon. My concern is if they will give me the Temp stamp 4 for 6 month then before that runs out she will deferentially get a job. Do you guys know how long it will take to them to get in touch with me as I sent out my application today on Same day delivery hopefully they get it today.

Leinsterimmig
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Re: EU3 Application/Permanent Residence.

Post by Leinsterimmig » Fri Feb 27, 2015 2:39 pm

You could be in for a wait up to 8 weeks until you get a reply but hopefully it is sooner than that. You are meant to apply 6 months before EU1 permission expires
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coketero
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Re: EU3 Application/Permanent Residence.

Post by coketero » Fri Feb 27, 2015 3:18 pm

I am in a similar situation. My wife has worked for only like 2.5 years of my 5 years here as we had a child and her salary was not good enough to pay for childcare. I have worked during the 5 years and we have never claimed any social welfare. She is now looking for a job, while I applied two weeks ago to to renew my Stamp 4 (I also applied for citizenship a couple of months ago).

Being self-sufficient seems to me like a gray area in the law, we always considered ourselves self sufficient as we had some savings, health insurance via my job and never claimed welfare...but everything seems to indicate that you are better getting any job just to show that you are working (the EU citizen).

Best of luck.

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 3:42 pm

coketero wrote:I am in a similar situation. My wife has worked for only like 2.5 years of my 5 years here as we had a child and her salary was not good enough to pay for childcare. I have worked during the 5 years and we have never claimed any social welfare. She is now looking for a job, while I applied two weeks ago to to renew my Stamp 4 (I also applied for citizenship a couple of months ago).

Being self-sufficient seems to me like a gray area in the law, we always considered ourselves self sufficient as we had some savings, health insurance via my job and never claimed welfare...but everything seems to indicate that you are better getting any job just to show that you are working (the EU citizen).

Best of luck.
Did you get Temp stamp 4 yet? How long did it take for them to get back to you

jeupsy
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Re: EU3 Application/Permanent Residence.

Post by jeupsy » Fri Feb 27, 2015 3:48 pm

Johnkenn wrote:In the application i said she stop working last month as the company could give enough hours because January to March is always quite. I am optimistic that she will get a job soon. My concern is if they will give me the Temp stamp 4 for 6 month then before that runs out she will deferentially get a job. Do you guys know how long it will take to them to get in touch with me as I sent out my application today on Same day delivery hopefully they get it today.
I think if you are confident she will find a new job, overall you will be fine.

There might be two annoyances though:
- The processing time to get temporary Stamp 4 can be on to 2 months, so you could have a gap with your current Stamp 4 EUFam
- The might use the inactivity period (even a few months) to decline your EU3 application and ask you to apply for EU1 instead

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 5:00 pm

jeupsy wrote:
Johnkenn wrote:In the application i said she stop working last month as the company could give enough hours because January to March is always quite. I am optimistic that she will get a job soon. My concern is if they will give me the Temp stamp 4 for 6 month then before that runs out she will deferentially get a job. Do you guys know how long it will take to them to get in touch with me as I sent out my application today on Same day delivery hopefully they get it today.
I think if you are confident she will find a new job, overall you will be fine.

There might be two annoyances though:
- The processing time to get temporary Stamp 4 can be on to 2 months, so you could have a gap with your current Stamp 4 EUFam
- The might use the inactivity period (even a few months) to decline your EU3 application and ask you to apply for EU1 instead
So that means if that going to taken 2 months to get Temp stamp 4. I will be illegal after when my stamp 4 expired and will not be able to continue my job

coketero
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Re: EU3 Application/Permanent Residence.

Post by coketero » Fri Feb 27, 2015 8:07 pm

Johnkenn wrote:
jeupsy wrote:
Johnkenn wrote:In the application i said she stop working last month as the company could give enough hours because January to March is always quite. I am optimistic that she will get a job soon. My concern is if they will give me the Temp stamp 4 for 6 month then before that runs out she will deferentially get a job. Do you guys know how long it will take to them to get in touch with me as I sent out my application today on Same day delivery hopefully they get it today.
I think if you are confident she will find a new job, overall you will be fine.

There might be two annoyances though:
- The processing time to get temporary Stamp 4 can be on to 2 months, so you could have a gap with your current Stamp 4 EUFam
- The might use the inactivity period (even a few months) to decline your EU3 application and ask you to apply for EU1 instead
So that means if that going to taken 2 months to get Temp stamp 4. I will be illegal after when my stamp 4 expired and will not be able to continue my job
Yes, I think you should apply using the EU1 or EU3 forms as soon as possible. I have read on this forum that some people were able to get their passports returned after applying after they requested them some some weeks before their card expired and were advised to go to the local immigration office with their passport and marriage certificate to get a temporary card while their application was being reviewed. Some people have even got a temporary extension without applying again by just going to their local immigration office...but I wouldn't rely on that.

jeupsy
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Re: EU3 Application/Permanent Residence.

Post by jeupsy » Fri Feb 27, 2015 8:51 pm

Johnkenn wrote:
jeupsy wrote:
Johnkenn wrote:In the application i said she stop working last month as the company could give enough hours because January to March is always quite. I am optimistic that she will get a job soon. My concern is if they will give me the Temp stamp 4 for 6 month then before that runs out she will deferentially get a job. Do you guys know how long it will take to them to get in touch with me as I sent out my application today on Same day delivery hopefully they get it today.
I think if you are confident she will find a new job, overall you will be fine.

There might be two annoyances though:
- The processing time to get temporary Stamp 4 can be on to 2 months, so you could have a gap with your current Stamp 4 EUFam
- The might use the inactivity period (even a few months) to decline your EU3 application and ask you to apply for EU1 instead
So that means if that going to taken 2 months to get Temp stamp 4. I will be illegal after when my stamp 4 expired and will not be able to continue my job
It is a bit of a grey area. You won't have any documents proving you are allowed to work, but on the other hand if your spouse is working you will be entitled for them.

I would say if your employer doesn't ask just don't say anyting.

one2three
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Re: EU3 Application/Permanent Residence.

Post by one2three » Fri Feb 27, 2015 9:09 pm

as far as i know.. if your wife have worked for continues five year in the state then she has acquired permanent residency automatically, she doesn't have to apply for it and as you said your wife worked for five year then she has acquired permanent residency and in this case she doesn't have to excessive EU treaty rights for your PR application approval.


hope this helps
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Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 9:15 pm

one2three wrote:as far as i know.. if your wife have worked for continues five year in the state then she has acquired work permit automatically, she doesn't have to apply for it as you said your wife worked for five year then she has acquired permanent residency and in this case she doesn't have to excessive EU treaty rights for your residency.


hope this helps
Thanks so much for that. I now undersood more better now

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Fri Feb 27, 2015 9:24 pm

@jeupsy. I sent my application earlier today,so will just wait and see if they will get back to me in the next few weeks or so.

jeupsy
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Re: EU3 Application/Permanent Residence.

Post by jeupsy » Fri Feb 27, 2015 10:45 pm

OK - all the best and keep us posted.

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Sun Mar 08, 2015 9:05 am

I got acknowledge letter back with my passport last Friday,But now they want me to send P60's for the last five years and Contract of Employment. I was on able to find two contracts out of four. Can I send the one I have and inform them I could not get others?

CalvinKlien
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Re: EU3 Application/Permanent Residence.

Post by CalvinKlien » Tue Mar 10, 2015 3:42 pm

@ Johnkenn

Please do not duplicate your questions, the same question is posted at:

http://www.immigrationboards.com/irelan ... 82378.html

Johnkenn
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Re: EU3 Application/Permanent Residence.

Post by Johnkenn » Sat Apr 18, 2015 8:52 am

I will like to thank everyone here that gave one advice to the other. I received a letter from DOJ yesterday granting me a Permanent Residence. I was really surprise by their quick respond, I only sent my application 28/2/15 and it took them 6 weeks or so to make a decision :D .

Leinsterimmig
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Re: EU3 Application/Permanent Residence.

Post by Leinsterimmig » Mon Apr 20, 2015 9:32 am

You can use a letter from a previous employer confirming employment there at the time
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