EU3 application concerns

TopdawgGav · Post by **TopdawgGav** » Wed Feb 24, 2021 5:32 pm

Dear all,
I'm EU citizen who is living in Ireland since 2014.My wife's from Bosnia(non EU citizen) who joined me and residing on EUFAM stamp 4.We are living on same adress,and we never had and criminal convictions,not even a parking ticket.
My wife was severely injured at her work and she was on injury and illness benefit for year and half.At that point in time she was travelling back and forth to her home country because she was dealing with some other health issues as well.Before that she was working full time since she got a permit that she can engage in employment. We did not have private health insurance, we were paying our GP and other health related bills and prescriptions. She got back to part time employment,and she is currently employed.
Unfortunately I lost my job because of Covid19 pandemics and I'm currently on PUP payment since July 2020.

Although we applied 7 months ahead for Eu3 application,department didn't bring final decision, she only got temporary extension for 8 months until November2021.

My concern is that she might be refused because of me being currently unemployed on PUP payment ,and because she was on illness and injury benefit.

What do you think of our situation?
Thank you

littlerr · Post by **littlerr** » Wed Feb 24, 2021 5:39 pm

When you say 'injury and illness benefit', do you mean the Occupational Injuries Scheme?
The scheme is based on PRSI contributions. It is not a means-tested social benefit, so if she's relying on this benefit alone, she'll be fine in terms of the social benefit usage.

INIS has also confirmed that the use of PUP will not negatively affect anyone's immigration statuses.

raja.brit · Post by **raja.brit** » Wed Feb 24, 2021 5:54 pm

TopdawgGav wrote: ↑
Wed Feb 24, 2021 5:32 pm
Dear all,
I'm EU citizen who is living in Ireland since 2014.My wife's from Bosnia(non EU citizen) who joined me and residing on EUFAM stamp 4.We are living on same adress,and we never had and criminal convictions,not even a parking ticket.
My wife was severely injured at her work and she was on injury and illness benefit for year and half.At that point in time she was travelling back and forth to her home country because she was dealing with some other health issues as well.Before that she was working full time since she got a permit that she can engage in employment. We did not have private health insurance, we were paying our GP and other health related bills and prescriptions. She got back to part time employment,and she is currently employed.
Unfortunately I lost my job because of Covid19 pandemics and I'm currently on PUP payment since July 2020.

Although we applied 7 months ahead for Eu3 application,department didn't bring final decision, she only got temporary extension for 8 months until November2021.

My concern is that she might be refused because of me being currently unemployed on PUP payment ,and because she was on illness and injury benefit.

What do you think of our situation?
Thank you

The following is the FAQ update for EU Treaty Rights:

Q 81. I am a Stamp4 EUFam residence cardholder. My EU citizen family member has temporarily lost their job due to the Coronavirus/COVID-19 outbreak; will this impact on my current residence status?

A. For the duration of the current COVID-19 crisis and until further notice, this will not affect your
current residence status as long as both you and your EU citizen family member are otherwise in
compliance with the Directive.

I think you should be fine. I would expect EU Treaty Team to take pragmatic approach on the above scenarios as per their FAQ.

I don't think your wife's injury and illness benefits would affect as my understanding is she has got the benefits due to injury at work. So it is an entitlement due to her PRSI contribution she would have made while being employed.

I hope it helps.

raja.brit · Post by **raja.brit** » Wed Feb 24, 2021 5:57 pm

littlerr wrote: ↑
Wed Feb 24, 2021 5:39 pm
When you say 'injury and illness benefit', do you mean the Occupational Injuries Scheme?
The scheme is based on PRSI contributions. It is not a means-tested social benefit, so if she's relying on this benefit alone, she'll be fine in terms of the social benefit usage.

INIS has also confirmed that the use of PUP will not negatively affect anyone's immigration statuses.

You beat me to it @littlerr. Was replying in the same time, ha.

Obie · Post by **Obie** » Wed Feb 24, 2021 9:02 pm

Even if the minister's concessions was not in place you will still qualify as a worker and hence any PUP claimed will not undermine treaty rights.

griffith · Post by **griffith** » Sat Feb 27, 2021 3:49 pm

How long were you waiting until you got temporary residency? I applied in October last year . Visa expired in January but no reply yet. No further residency just an acknowledgement letter.

TopdawgGav · Post by **TopdawgGav** » Sat Feb 27, 2021 7:20 pm

griffith wrote: ↑
Sat Feb 27, 2021 3:49 pm
How long were you waiting until you got temporary residency? I applied in October last year . Visa expired in January but no reply yet. No further residency just an acknowledgement letter.

We have applied 7 months prior to expiration date,as the advice was to apply 6 months ahead of expiration date. After 6 months of no news we sent couple of emails to department where we got acknowledgement that they received eu3 application,but we haven't got any official letter.

Just about 2 weeks before expiry date I went on the department website where I found new guidelines,where department is advising to book appointment with local Garda station within 14 days prior to expiry date, in order to get passport stamped so there will be no gaps in stamps.
We done that,but didn't get stamp in passport that evening,we got the explanation that there is huge back log and that we have to wait.
By coincidence my wife received letter next morning wich explains her temporary stay,and she was directed to get back to Garda station to register.
This time she brought that letter with her and she got stamp in passport.She was told that she should receive card within 2 weeks
Card was delivered to garda station within 2 weeks.It wasnt delivered at our residence, she got a phone call from Garda station to collect it.I assume they want to see that people are present in country.

TopdawgGav · Post by **TopdawgGav** » Sat Feb 27, 2021 7:22 pm

I want to thank you all for your answers.

raja.brit · Post by **raja.brit** » Sat Feb 27, 2021 8:58 pm

Hi TopdawgGav,

Do you have a link for INIS website please where it states about booking appointments in Garda station before 14days of stamp expiry?

Thanks

griffith · Post by **griffith** » Sun Feb 28, 2021 11:36 pm

Please help me understand.
I applied through a solicitor.
5 yrs residency expired in January.
Eu3 was applied well before 5 months of the expiry.
Acknowledgment received soon after i applied.
No temporary stamp received yet.
Solicitor said that everyone is on an automatic extension until 21 April.
Do i have to apply online for a temporary permission or will i receive a letter as they always do ?

littlerr · Post by **littlerr** » Mon Mar 01, 2021 9:42 am

griffith wrote: ↑
Sun Feb 28, 2021 11:36 pm
Please help me understand.
I applied through a solicitor.
5 yrs residency expired in January.
Eu3 was applied well before 5 months of the expiry.
Acknowledgment received soon after i applied.
No temporary stamp received yet.
Solicitor said that everyone is on an automatic extension until 21 April.
Do i have to apply online for a temporary permission or will i receive a letter as they always do ?

No and no. Your permission is automatically extended to 21 Apr.

luba12 · Post by **luba12** » Sun May 30, 2021 1:10 pm

griffith wrote: ↑
Sun Feb 28, 2021 11:36 pm
Please help me understand.
I applied through a solicitor.
5 yrs residency expired in January.
Eu3 was applied well before 5 months of the expiry.
Acknowledgment received soon after i applied.
No temporary stamp received yet.
Solicitor said that everyone is on an automatic extension until 21 April.
Do i have to apply online for a temporary permission or will i receive a letter as they always do ?

Hi, when did you apply your EU3 application 6 months before EU1 card Expiry or well before could you please tell us how early did you apply timeframe please and thanks

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