Residing in Ireland - Refusal base on part-time work / income

kunfayakun wrote:Exercising your treaty rights in the EU member state mean you have to be employed or self employed in Ireland, I don't think the department would accept if you say you are employed in UK.

Hy Kunfayakun,

First of all I would like to say thanks to your helpful posts. Yours help us a lot. My story: I am Hungarian (EU) citizen living and working in Ireland. My wife is Vietnamese, she got the "short term visit spouse C visa" through the Hanoi embassy. Just to add they were very quick and kind. She is arriving together with me in middle of march. I am going to move (I am sharing at the moment) and rent an apartment from mid April and she is going to apply for EU1 residency card. I work as a part timer in health care. The explanatory leaflet says only that I have to be engaged in economic activity. My wife concerned about that I have only part time job (18h per week), and my salary can be a reason for refusal. My question: Have you ever experienced or heard about refusal based on income?

EU rules do not specify minimum income or working hours; such economic activity merely has to be genuine & effective rather than marginal & supplementary.

This EU information will help you get up to speed on free movement:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

noajthan wrote:EU rules do not specify minimum income or working hours; such economic activity merely has to be genuine & effective rather than marginal & supplementary.

This EU information will help you get up to speed on free movement:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Hy Noajthan,

Thanks for your advice and moving my post to the right place. I am relived and I can calm my wife worries, too. One more thing. I am planning to post our story about getting visa for her (short term visit C visa for spouse of EU citizen). I just want to post it into the right thread. I don`t want to start a new thread. Can you recommend me one, please! thanks

andras wrote:Hy Noajthan,

Thanks for your advice and moving my post to the right place. I am relived and I can calm my wife worries, too. One more thing. I am planning to post our story about getting visa for her (short term visit C visa for spouse of EU citizen). I just want to post it into the right thread. I don`t want to start a new thread. Can you recommend me one, please! thanks

My understanding of EU ideals is its all about removal of constraints & negative factors, for example removing impediments to people's free movement.
(So no hard and fast, specific rules on worker's working hours etc).
It is national governments, on the other hand, that sometimes seek to batten down hatches.

You will ofcourse need ample supporting evidence of your activities whichever track you are on.

You can start a new topic (thread) as it is a new story.
I suggest that you post in the Ireland forum as it is likely to be of interest to other members contemplating a similar journey.

Yeah Noajhtan,

I understand it now. I don`t think that my job would be serious issue for refusal. I am working at my company for more than four years. And there is high possibility that they are going to hire me in full time in future. Only thing that as a part timer I receive job seeker`s benefit due to redundancy. I used to work 6hs per day, 6 days a week. It has changed to the 6hs per day, 3 days a week. But I am still employed, not unemployed. Most important that I receive regular payments from my company on weekly basis. I can provide payslips, p60 and contract as they requested in the explanatory leafletof EU1 form.

If the employment is not genuine and effective them the department may reject it. The fact that you are receiving jobseekers allowance on top of your wages indicates that you employment may well not be genuine and effect. It all remains to be seen as I do not hold all the facts of you case.

How long did it take your wife to get the visa from Vietnam?

Obie wrote:If the employment is not genuine and effective them the department may reject it. The fact that you are receiving jobseekers allowance on top of your wages indicates that you employment may well not be genuine and effect. It all remains to be seen as I do not hold all the facts of you case.

How long did it take your wife to get the visa from Vietnam?

Hi Obie,

She applied in early January and she was granted with visa around 25th of January. They were very helpful and kind. We provided strong supporting documentation (I can list if u wish). She applied for "visiting EU spouse short term C visa" based on EU treaty rights.

It is not allowance what I receive but benefit. I paid enough social insurance contribution (PRSI) in the relevant tax year to get it. The allowance is mean tested when you dont have enough PRSI. Above all benefit is taxable, while allowance is not a taxable source of income. In Sum receiving benefit shouldn't effect negatively, but I don't know exactly. It will depend on immigration officer. I am not going to attach any documents from social walfare office untill I am asked, but I am going to genuinly explain my situation in my cover letter. To be honest is the best way.
I was thinking to make a declaration in the social walfare office that I am not claiming anything for her so she won't become burden on the state. Imo it also can help.

As you told we would see how it would be turning out.

You may be Ok. Best to see what the department makes of it. The fact that she was granted permission to enter Ireland, may be an indication that they are satisfied with things.

Obie wrote:You may be Ok. Best to see what the department makes of it. The fact that she was granted permission to enter Ireland, may be an indication that they are satisfied with things.

Thanks Obie! I am going to keep the boards up to date about my case.