need some very good advice from good and experience people

[knapps]

My situation is as fallows:

Currently have eufam 4 card wife is an EU citizen. Both have been married for 4 years and lived together for 5 years. Both in employment have a good job. Recently wife had to leave ireland to have 2 operations in home country and to be able to get it covered got form 301. There is a long story why she had to go as i dont want to rent about hospitals here even though we have 100% VHI both covered in private hospitals as well. Anyway, her employer is very good and said when she is back she can start working again being healthy.

So, she left Ireland after 3 and half years of marriage and is coming back in two months back to Ieland. She will have been absent for about 9 months. I have been visiting her every two months for one or two weeks.

ESB and other bills and her bank A/c with over Eur35000 is still here as do not need money.

Question is when i apply for permanent card in 2011 after 5 years of eufam 4 would it have any effect on my application?

Would i have to wait for another 9 months to cover her absence or is it me being a non EU to have fulfilled 5 years of residency is sufficient?

Please some good advice is really appreciated.

[Monifé]

My solicitor told me (Guru's feel free to correct me) that if you are spouse/partner/family member of an EU Citizen and have obtained stamp 4EUFAM, after 3 years you are safe. You have obtained residency rights after 3 years and it does not matter what the activities of the EU Citizen is after the 3 year period.

I would say once it is explained through documentation then you are fine. For example, if your wife was to take maternity leave, it does not affect her EU Treaty Rights and does not affect your residency.

This is my interpretation, however, from the advice of my solicitor. Maybe someone with a little more knowledge could also answer.

[Ben]

Recently wife had to leave ireland to have 2 operations in home country
..
She will have been absent for about 9 months.
..
Question is when i apply for permanent card in 2011 after 5 years of eufam 4 would it have any effect on my application?

No, because:

General rule for Union citizens and their family members
1. Union citizens who have resided legally for a continuous period of five years in the host
Member State shall have the right of permanent residence there. This right shall not be subject to
the conditions provided for in Chapter III.
2. Paragraph 1 shall apply also to family members who are not nationals of a Member State and
have legally resided with the Union citizen in the host Member State for a continuous period of
five years.
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 twelve 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.

[knapps]

that is why i like this forum..some really good advice...so, yes it is a very serious matter...two operations and she has medical reports as well to prove...
thanks