4 EUFAM help/Advise Required

[dubliner81]

Hi All,
I am married to an EU citizen and got 4EUFam card for 5 years on the very first time in 2007 when every body got refusal because i was resident in another EU member state before coming to Ireland.
Right now i am on 4EUFAM from last 3 years and 3 months. My wife worked in ireland for the first few months but after that she never worked because of health issue but not major health issues. at the moment things are not too good between us if we get separated, could it be a problem that she didn't worked for nearly 2 years and 7 month while we are living together. Would DOJ object on it ?
She never got social welfare, neither me and i am on full time job since day one till today.
We both have private medical insurance.
we have a joint bank statement, utility bills and landlord letters.
So at the end to make my question clear " If we get separated could DOJ make an issue that she wasn't working while married to me " ?
Any advised/help would be appreciated.
Thanks

[walrusgumble]

Hi All,
I am married to an EU citizen and got 4EUFam card for 5 years on the very first time in 2007 when every body got refusal because i was resident in another EU member state before coming to Ireland.
Right now i am on 4EUFAM from last 3 years and 3 months. My wife worked in ireland for the first few months but after that she never worked because of health issue but not major health issues. at the moment things are not too good between us if we get separated, could it be a problem that she didn't worked for nearly 2 years and 7 month while we are living together. Would DOJ object on it ?
She never got social welfare, neither me and i am on full time job since day one till today.
We both have private medical insurance.
we have a joint bank statement, utility bills and landlord letters.
So at the end to make my question clear " If we get separated could DOJ make an issue that she wasn't working while married to me " ?
Any advised/help would be appreciated.
Thanks

Look at the Directive 2004 / 38EC

See Artilces 14 (which deal with situations where the EU Citizen can stay in host state even if they no longer comply with artilce 7)

See Artilce 17 (where despite not meeting 5 year requirement, an EU citizen may be entitled to permanent residency)

Relevant as so long as the EU Citizen has a right to stay, their family have rights to stay

For Separation, hopefully all will work out. But if no see Artilce 12 & 13

I take it her employment history is not great. Well she does meet one critieria in Artilce 7 and she is not a burden to the state. Note her rights also derive from the treaty, and she can't be removed on economic grounds

Maybe a problem, though, need to prove that she exercised her EU rights by means other than working

[zafarzafar]

Hi walrusgumble.
What do u mean by

need to prove that she exercised her EU rights by means other than working

What does the treaty right mean ?

[El shaddai]

ExercisingTreaty right is either taking up employment, financially self sufficient or going to college.