Please give me your good advice

I have applied for LTR and Citizenship after 5 years on EUfam4.

My question is during my LTR application, Can my go abroad for medical treatment? She is sick and if she stays in Ireland she has to wait for 2 years or more before she can get treatment or no treatment the way medical system is here. We both have VHI insurance for 6 years but that is no benefit.

It is a lot faster back home for her and she should be fine in about 3 to 5 months...

Tell me if this will affect my application of LTR?

What is LTR? Is that the same as a Permanent Residence Card for the family member of an EU citizen?

What is your citizenship? What is your wifes?

How long has your wife been resident in Ireland?

knapps wrote:I have applied for LTR and Citizenship after 5 years on EUfam4.

My question is during my LTR application, Can my go abroad for medical treatment? She is sick and if she stays in Ireland she has to wait for 2 years or more before she can get treatment or no treatment the way medical system is here. We both have VHI insurance for 6 years but that is no benefit.

It is a lot faster back home for her and she should be fine in about 3 to 5 months...

Tell me if this will affect my application of LTR?

I don't have that much knowledge about EUfam4 but may be this can help
http://www.4eufam.info/travel-documents

you can contact them if you like

Actually my wife is EU citizen not me.
I applied for yes PR based on my Eu wife.
We both have been living in Ireland for about 7 years.

knapps wrote:Actually my wife is EU citizen not me.
I applied for yes PR based on my Eu wife.
We both have been living in Ireland for about 7 years.

So are you pretty confident that you have PR already? That is, has your wife been working (or ??) that whole time and you and she have not had any absences of more than 6 months per year in that time?

If so then you already have PR and so does your wife. The PR Card is just something that confirms the PR that you already have.

Once you have PR, then your residence in Ireland no longer depends on your wife working or being resident in Ireland.

More specifically, you or she could leave Ireland for up to 2 years without affecting your existing PR.

So I do not see any problem, based on what you said and assuming you have PR, with going out of Ireland for a few months of medical treatment. You can go too if you want..

Directive 2004/38/EC, CHAPTER IV – Right of Permanent Residence,
Section I Eligibility
Article 16 – General rules for Union citizens and their family members

3. Continuity of residence shall not be affected by temporary absences not exceeding a total of six months a year, or by absences of a longer duration for compulsory military service, or by one absence of a maximum of 12 consecutive months for important reasons such as pregnancy and childbirth, serious illness, study or vocational training, or a posting in another Member State or a third country.

4. Once acquired, the right of permanent residence shall be lost only through absence from the host Member State for a period exceeding two consecutive years.

PIKKA wrote:http://www.4eufam.info/travel-documents

Is that your website?

knapps wrote:I have applied for LTR and Citizenship after 5 years on EUfam4.

My question is during my LTR application, Can my go abroad for medical treatment? She is sick and if she stays in Ireland she has to wait for 2 years or more before she can get treatment or no treatment the way medical system is here. We both have VHI insurance for 6 years but that is no benefit.

It is a lot faster back home for her and she should be fine in about 3 to 5 months...

Tell me if this will affect my application of LTR?

I thought spouses of EU with EUFAM card go for EU2 after 5 years.

http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

LTR is for permit holders who are more than 5 years, maybe i am wrong but that was my understanding. Have you receive an acknowledgment from INIS regarding your LTR?

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

So, once again, I would like to give you summary and I hope you understand.


My wife is an EU citiszen, we got married in Ireland in 2006. I finished my 5 years on Eufam4 card and applied for PR.

My wife was absence on medical treatment for 10 months last year.
She had 2 operations.She was back and all.

We did not know that the disease will come back. She is currently being seen by hospital here in Ireland. Because the medical system is slow here.

She wants to go back home to get the treatment done which could take up to 6 months.

I (non eu) have been working for 6 years.However, she worked in IReland for 4 years full time.

Since, she is back she is on job seeker and past 6 months doing FAS course. She also passed all exams and all.

So, my question, during my application process for PR if she leaves for medical treatment again (bear in mind we have been married for 5 and half months approx) will it affect my rights of residency??

For your PR application, whether you worked or not is 100% irrelevant. You could have been at the pub with your mates drinking Guinness for 5 years, and that is just as good as if you were working every day. The only thing that is important for the non-EU family member is that they were present in Ireland (except for the allowable 6 months per year and a one time 12 months for a major situation).

What is more important is the details of your wife's residence and working history. When did your wife arrive in Ireland? Does she have PR already (typically 5 years after she arrives if she has been working)?

As long as it was the one time she was away for more than 6 months, then the 10 months away would itself not interrupt her residence... And other than that, no more than 6 months in a year.

So, my question, during my application process for PR if she leaves for medical treatment again (bear in mind we have been married for 5 and half months approx) will it affect my rights of residency??

Her leaving will likely not have an impact on your application. The success or failure of your application depends on historical residence information for you and historical residence and work information for your wife. In fact, I do not see how DOJ will even know she is out of the country while processing your application (but it is not relevant anyways).

Remember that you and your wife have PR if you meet the requirements. The Card is just a confirmation of that PR that you already have, if you have it.

Does your wife have travel documents that she needs to travel, or did you submit them to DOJ?

My Goodness!! Why is it relevant that my wife has PR or travel documents etc etc..She is an EU citizen...she does not need a PR or travel documents? She does not want it as she is from EU.

She has EU passport by birth.

To answer your question friend.

She arrived in Ireland in Aug, 2005 and she worked since then until End, 2009 full time. Then left for 10 months on medical ground.

So, we were married and working for 4 years in Irl.

ok sorry, i thought you meant travel documents to apply.

Sorry again, yes she has her travel documents no issue. However, in order to get treatment abroad she has to ask for E301 form or something so her insurer can cover her treatment abroad. VHI which we have here for 6 years won't cover treatment abroad.

knapps wrote:She arrived in Ireland in Aug, 2005 and she worked since then until End, 2009 full time. Then left for 10 months on medical ground.

Super news! So from what you have described, in Aug 2010 she got PR. She has it now, and she will not loose it unless you leave Ireland for 2 years of (I believe) continuous absence.

Not much changes once she has PR, though she can be absent from Ireland for a lot longer (2 years) without having any particular reason.

And she can, if she wants, apply for some sort of card that proves she has PR. Though that is probably not so useful.

knapps wrote:My Goodness!! Why is it relevant that my wife has PR or travel documents etc etc..She is an EU citizen...she does not need a PR or travel documents? She does not want it as she is from EU.

Her PR may possibly be relevant for her. But mostly she will likely and can be unconcerned about it. But her PR is very relevant for YOUR PR.

I have tried to describe why it is relevant in a previous post on this thread. I suggest you reread it.

But in case the previous description is lacking, loet me try to summarize in other words: For you to get PR, you just need to be legally resident in Ireland along with your EU citizen wife. So that raises the question of when you are "legally resident in Ireland", and the answer is that you are legally resident so long as she is legally resident. And so when is she legally resident in Ireland? The answer is that for the first 90 days, she was legally resident in all cases. And then once she started working she was legally resdident. And then she continued to be "legally resident" for her absence of up to one year because she was seeking medical treatment.

So because she was legally resident the whole time, you were legally resident for your whole 5 years since you married and so you have PR.

Be very clear (based on my understanding of what you have described): you ALREADY have PR. All you are applying for is a stupid (but useful) card which confirms the PR that you already have.

Well than it is a GREAT news for us.
Yes, she has been here longer than 6 and half years and married 5 and half years.

I applied for that PR card under EU3 form under EU directive for myself (Non EU).

3 and half months have elapsed already and i know they should reply in 6 months.

The bottom line is that you should (hopefully) get your PR card no problem. And you can also, if you desire and can get the time off work, go with her while she is getting medical treatment. You just have to make sure you and your wife are not away from Ireland for more than 2 years...

thank you Directive...i really appreciate your help here...

I am pleased to help where I can. And god knows, the Irish DOJ may make a mess of this too. But it sounds like at least the immigration part of this problem is pretty straight forward.

Please pass along my best wishes to your wife for a speedy recovery... If she is from some place warm, it might make a nicer alternative to winter in Ireland...