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Confusing letter re EU3 application please help

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gomgat
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Confusing letter re EU3 application please help

Post by gomgat » Wed Oct 16, 2019 11:47 am

Hi all

I submitted my application for EU3 PR based on having been here 5 years with a British Citizen - sent it off last week Tuesday and got a confusing letter today - it's acknowledge letter detailing all the documents submitted in evidence, but then it states :

For each period of residing with sufficient resources, copies of the following documents should be provided:
-Letter from Department of Employment Affairs and Social Protection with details of any benefit claims or stating that there were no claims (as applicable)
-Letter from private medical insurance provider for EU citizen and any dependants

Problem is, we never resided with sufficient resources, the EU citizen has been employed the whole time and is still employed and has only worked for 2 companies in Ireland, one company for other a year and the second company for over 3 years. There was only a period of 10 days where she wasn't employed. This was after we moved from Dublin to a different county. She already had the interview lined up and got the job straight away and is still with that company. As I understand she is supposed to have 3 months in between jobs to search for a new one ? Or am I mistaken?
Obviously since she was only out of work for 10 days we didn't get any medical insurance, 'cause why would we need it? And as for benefits, sure I can get a statements as she didn't claim any, but still, this should not be necessary?

I don't know what to do, please help.

gomgat
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Re: Confusing letter re EU3 application please help

Post by gomgat » Wed Oct 16, 2019 11:59 am

Also confusing, is above the quoted text, it says :
Evidence of Applicant's activities in the state for a continuous period of 5 years

well .. I am the applicant, not the EU citizen ... EU treaty rights is only based on her excersising her rights, so it shouldn't matter if I was working or not, and since she was working the whole time, bar 10 days, there shouldn't be any requirement for me us to have private medical insurance?

littlerr
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Re: Confusing letter re EU3 application please help

Post by littlerr » Wed Oct 16, 2019 12:54 pm

In your initial EU1 application, one of the question is that on what basis you intend to live in Ireland. You would have selected work or study or self-sufficiency. So either you accidentally selected self-sufficiency at that time, or maybe you selected the correct one but INIS recorded it incorrectly in their system.

Either way, you just have to explain to them that the EU citizen is working and you are here based on her working full time. Give them a copy of P60 / P21 for the last 5 years and employment letters / contracts if you have them.

I would not have expected that they were asking for a health insurance covering 10 days.

But just to answer your question in your followup post - they do have the power to ask for the BOTH the applicant AND the EU citizen's health insurance details, IF your application is based on self-sufficiency. (This means even if you work full time, as long as your EU spouse exercised her treaty rights based on her-self sufficiency, you still need to hold the insurance at all times).

This is specifically mentioned on the EU1 form:
Where the EU citizen has sufficient resources to maintain themselves and any dependants in the State, while possessing comprehensive sickness insurance in respect of themselves, their spouse, and any dependants

gomgat
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Re: Confusing letter re EU3 application please help

Post by gomgat » Wed Oct 16, 2019 1:11 pm

True, I take that point, but we were never in a period sufficiency, the EU Citizen was always in Employment, except for 10 days. I did already send all the P60's and employment contracts as proof.

Obie
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Re: Confusing letter re EU3 application please help

Post by Obie » Wed Oct 16, 2019 2:39 pm

Best to write back to them to clarify that point. Your activities in the state are irrelevant, but your residence is very important. Also, notify them that there is error in the letter as your wife was a worker and is therefore not required to demonstrate self sufficiency.
After thinking long and hard, I have come to the conclusion that brexit is a cancer. The only good brexit is a dead brexit.

gomgat
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Re: Confusing letter re EU3 application please help

Post by gomgat » Wed Oct 16, 2019 4:36 pm

Well, I got a statement from local Intreo office stating that we never got any Jobseeker's allowance or Benefit. Sending it off, but also wrote that since there was no period "Residing with sufficient resources " that it's all irrelevent, incl. the private Medical Insurance that we obviously never had since it was nevet a requirement.

We have an Irish child, how do I go about a Zambrano application l, just incase EU treaty rights section wanna play hardball? My Stamp 4Eufam expires 7 April next year. I applied 6 months before expiry as they asked. Will only be eligible to appky for Citizenship late March next year, arrived here 15 Jan 2015 and got first temp Stamp 4Eufam on 1st April 2015 and got issued 5 year stamp 7th of April 2015. As I understand, a Citizenship application can take ages and I have to be on a valid Stamp for the whole duration.

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