Exercising EU Treaty rights & holiday

My partner has just been granted Stamp 4 EU FAM. We have been planning for some time to make a visit to his home country at Christmas I can meet his family after 3 years. We would also like to spend some time travelling around his country so we would be out of the country for 3-4 weeks.

I won’t be able to get this time off work as in my company we were made to take half our holidays by June 2020. So in order to go, I have no option to leave and find a new role when we return.

We have full intentions of returning and living and working here. Im aware that need to be exercising my EU Treaty Rights for him to maintain validity of his residence.

Can anyone offer any advice on this? Is this going to cause a major issue?

You sound very determined to do the trip! Good luck on that.

Is there no chance to apply for unpaid leave, or maybe take a holiday between December and January?

If you are absolutely sure that you want to change your job, you should still be fine in terms of EU Treaty rights.

If your have worked here for less than a year, you have 6 months to look for a new job. If the contract is more than a year and you have worked there for more than a year, you can stay as long as you want. The only catch is that in either situation, you must be registered as a jobseeker.

https://europa.eu/youreurope/citizens/r ... ady-worked

You will need to inform EU Treaty department that you intend to change your job. This is an obligation that is set out by INIS. Just write to them saying you lost your job, you have registered as a jobseeker, and you intend to continue living in Ireland and find a new job ASAP.

littlerr wrote: ↑

Mon Jul 06, 2020 10:19 am

If your have worked here for less than a year, you have 6 months to look for a new job. If the contract is more than a year and you have worked there for more than a year, you can stay as long as you want. The only catch is that in either situation, you must be registered as a jobseeker.

https://europa.eu/youreurope/citizens/r ... ady-worked

You will need to inform EU Treaty department that you intend to change your job. This is an obligation that is set out by INIS. Just write to them saying you lost your job, you have registered as a jobseeker, and you intend to continue living in Ireland and find a new job ASAP.

Actually no. First of all, writing to INIS to tell them that you "lost your job" when you actually quit your job is a lie, and lying to INIS is always a bad idea.
Also, you will need to tell DEASP that you quit your job, and you will not be eligible for Jobseekers immediately, and will not be eligible while out of the country. DEASP can and will tell INIS that.
In addition, you are only still deemed to be exercising treating rights as a jobseeker if you are INVOLUNTARILY unemployed. Not if you left a job because you wanted to leave.

All in all the advice given by a pp is not good. There have been many instances of people being revoked on EUFAm status because they are reliant on the state/not working and not self sufficient.

Hi

Thank you for very much for the responses.

I appreciate the suggestion but if at all possible I would want to avoid having to register for job seekers. I have ample savings which could be used to prove self-sufficiency. I would also like to engage in further study, which is something I have been looking into anyway alongside my current job.

If when I notified them I had left my job I provided bank statements as proof of savings would this alleviate the issue? It would only be for short term as I have no intention of not working. I just don’t think I have any option as I’m not sure unpaid leave would be possible.

Thanks

The above is correct. Sorry if I misguided you. Yes my first comment is for people who involuntarily lose their job, not for those who quit.

Unpaid leave is quite common so I would definitely try and talk to the employer. It’s not uncommon to have some extra days off for a longer trip, especially during the Christmas period.

If you are confident you will be able to find a new job, you should not have a problem. Be honest with INIS and just tell them the truth. If you can fund yourself until you get a new job you will not have an issue.

The part where a problem might occur is if you can't find another job on your return and have to claim benefits. But even then, if its a short term thing it would be likely fine.

Try for unpaid leave if you can, its the most sensible.