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.Hi Directive,Directive/2004/38/EC wrote:Is your wife planning to work longer?
Why did you provide your wife's contract, rather than just pay slips?
Do you have a bank account?
[b]Directive 2004/38EC[/b] wrote:
Article 7
Right of residence for more than three months
3. For the purposes of paragraph 1(a), a Union citizen who is no longer a worker or self-employed
person shall retain the status of worker or self-employed person in the following circumstances:
(a) he/she is temporarily unable to work as the result of an illness or accident;
(b) he/she is in duly recorded involuntary unemployment after having been employed for more
than one year and has registered as a job-seeker with the relevant employment office;
(c) he/she is in duly recorded involuntary unemployment after completing a fixed-term
employment contract of less than a year or after having become involuntarily unemployed
during the first twelve months and has registered as a job-seeker with the relevant
employment office. In this case, the status of worker shall be retained for no less than six
months;
[b] European Regulation 2006[/b] wrote:
Residence in the State
6. (1) Subject to Regulation 20, a person to whom these Regulations apply may reside in the State for
up to 3 months on condition that he or she -
(a) (i) where the person is a Union citizen, holds a valid national identity card or passport,
(ii) where the person is not a Union citizen, holds a valid passport, and
(b) does not become an unreasonable burden on the social welfare system of the State.
(2) (a) Subject to Regulation 20, a Union citizen may reside in the State for a period longer than 3
months if he or she -
(i) is in employment or is self-employed in the State,
(ii) has sufficient resources to support himself or herself, his or her spouse and any
accompanying dependants, and has comprehensive sickness insurance in respect of
himself or herself, his or her spouse and any accompanying dependants,
(iii) is enrolled in an educational establishment in the State for the principal purpose of
following a course of study there, including a vocational training course, and has
comprehensive sickness insurance in respect of himself or herself, his or her
spouse and any accompanying dependants, or
(iv) subject to paragraph (3), is a family member accompanying or joining a Union citizen
who satisfies one or more of the conditions referred to in clause (i), (ii) or (iii).
(b) Subject to paragraph (3), a family member of a Union citizen who is not a national of a
Member State shall be entitled to reside in the State for more than 3 months where the
Minister is satisfied that the Union citizen concerned satisfies one or more of the conditions
referred to in subparagraph (a)(i), (ii) or (iii).
(c) Subject to Regulation 20, a person to whom subparagraph (a)(i) applies may remain in the
State on cessation of the activity referred to in that subparagraph if -
(i) he or she is temporarily unable to work as the result of an illness or accident,
6
(ii) he or she is in duly recorded involuntary unemployment after having been employed
for more than one year and has registered as a job-seeker with a relevant office of
the Department of Social and Family Affairs and FÃ
Hi Obie, thanks for your answer,Obie wrote:This is complete madness.
If your wife is the tenant, then PRTB in her name should suffice. Your right is derived from your wife's. Just get the landlord to right a letter on your behalf confirming you are staying in the same household and you are lawfully resided there.
Draw the department's attention to the fact that the PRTB should be issued to the tenant by the landlord, and that due to the fact you landlord has got one for your wife, he is under no obligation to get you one, also the fact that you are dependant on your wife and derived rights from her, she is allowed to sublet the house to anyone, without the need for those other people having a new PRTB, besides you are the husband.
I think it was not sensible to send an almost ended contract to the department, you should have just sent payslips as Directive stated.
They are trying pull out any flaws in your application.
Draw to their attention that your wife would still be qualified as community worker under EU law after her contract finishes.Provided her depature was involuntary.
There is no requirements for a bank statement in your own name. Having a joint statement is perfectly fine. Tell them you don't have a separate account, and don't intend on having one. There is no requirement in Directive 2004 or the Regulation, that you have to have one soley in your name.
I think you will ultimately be fine.
Hi Benifa,benifa wrote:For all six EU1 applications I have submitted to the DoJ on behalf of my family members, I have submitted not once a PRTB letter. Totally unnecessary.
The DoJ is entitled to require proof of residence in the State. How this is proved, is up to the applicant.
Gas bill, electricity bill, phone bill, bank statement, credit card statement, internet bill, TV licence bill....(and more). Pick one.
You need to reread Obie's answer above.b_aminefr wrote:I've sent gas bill with both my name and my wife's name,her PRTB letter,I don't know why they are asking me again about PRTB letter in my name!!!!
And about employment contract :
her current contract is almost finished, they asked me about next month so I don't know what to send, if no job so what ?
they said 9th December is last day to make decision,
That's perfectly adequate to confirm that you are both resident in the State.b_aminefr wrote:I've sent gas bill with both my name and my wife's name,her PRTB letter
You can safely ignore that request.b_aminefr wrote:I don't know why they are asking me again about PRTB letter in my name!!!!
Ok this I understood,benifa wrote:That's perfectly adequate to confirm that you are both resident in the State.b_aminefr wrote:I've sent gas bill with both my name and my wife's name,her PRTB letter
You can safely ignore that request.b_aminefr wrote:I don't know why they are asking me again about PRTB letter in my name!!!!
how can I prove that she is jobseeker ?benifa wrote:As per Directive's and Obie's posts.b_aminefr wrote:Ok this I understood,
what about job ?
Her contract is almost finish, what I can send as answer of their request about job update ?
thanx again
Hi directive,Directive/2004/38/EC wrote:b_aminefr,
What did you end up sending them? Did you send a cover letter, and if so what did it say?
