Eu Treaty rights

[agniukas]

I would like to get some info on EU treaty rights. I know that EU spouse has to be working/self employed/studying in ireland for the non-EU spouse to get stamp4 EU Fam for 5 years. but is it conditional? i mean can it be revoked? i am not talking about sham marriages here. real marriage, but the EU spouse does not work anymore, just stays home with kids, and the non-EU spouse does all the working. is that legal? and if not, what would be the consiquences of that in the long run? i came accross a few cases like that and i think it is not right, the EU spouse should stay working in order for the husband to comply with Eu regulations. but maybe i am wrong?

[Monifé]

After 3 years on stamp 4 EUFAM the non-eu family member retains his status in his own right, by exercising his own treaty rights, ie: working etc.

It is also ok for the eu spouse to go on maternity leave.

As for long periods of unemployment before the 3 year thing, I am not sure. Wait for Ben to comment, he will more than likely know. Havent seen him around for a while though #

Edit: Oh one more thing, I think if the non-eu is working and has enough funds to support whole family, I think the eu spouse can then be classed as self-sufficient, which is also exercising treaty rights. Need confirmation on this though.

[agniukas]

what if they are on social welfare? and non of them is working?

[Monifé]

what if they are on social welfare? and non of them is working?

I am not sure about that one but I would assume that the non-eu would not be entitled to a permanent residence card after 5 years because they are suppose to not be a burden on the state.

The whole thing about eu treaty rights is that the eu or the non-eu after a certain period of time is economically active and to not rely on the state.

Also rules out citizenship if they are on jobseekers benefit/allowance.

[IQU]

hi monife i understand your mean non eu can retain their own right after 3 years of marriage.i check with my solicitors that thing i think we dont know anything about new eu treaty right legislations.i am separted from my wife after 3 and half year marriage .but my solicitor told me they cant help me to retains my residence in roi.

[acme4242]

hi monife i understand your mean non eu can retain their own right after 3 years of marriage.i check with my solicitors that thing i think we dont know anything about new eu treaty right legislations.i am separted from my wife after 3 and half year marriage .but my solicitor told me they cant help me to retains my residence in roi.

Hi iou,

there are provisions in the directive 2004/38/EC
Its not so easy to read, as it jumps between different bit of the directive.
you need to spend the time on it.
However, I am unsure of the 3 year rule mentioned above. while it
seems reasonable I cannot remember it.

Anyroad.....
Article 13
Retention of the right of residence by family members in the event
of divorce, annulment of marriage or termination of registered partnership

Article 13
Retention of the right of residence by family members in the event
of divorce, annulment of marriage or termination of registered partnership
1. Without prejudice to the second subparagraph, divorce, annulment of the Union citizen's
marriage or termination of his/her registered partnership, as referred to in point 2(b) of Article 2
shall not affect the right of residence of his/her family members who are nationals of a Member
State.
Before acquiring the right of permanent residence, the persons concerned must meet the conditions
laid down in points (a), (b), (c) or (d) of Article 7(1).
2. Without prejudice to the second subparagraph, divorce, annulment of marriage or termination o
the registered partnership referred to in point 2(b) of Article 2 shall not entail loss of the right of
residence of a Union citizen's family members who are not nationals of a Member State where:
(a) prior to initiation of the divorce or annulment proceedings or termination of the registered
partnership referred to in point 2(b) of Article 2, the marriage or registered partnership has
lasted at least three years, including one year in the host Member State; or
(b) by agreement between the spouses or the partners referred to in point 2(b) of Article 2 or by
court order, the spouse or partner who is not a national of a Member State has custody of the
Union citizen's children; or
(c) this is warranted by particularly difficult circumstances, such as having been a victim of
domestic violence while the marriage or registered partnership was subsisting; or
(d) by agreement between the spouses or partners referred to in point 2(b) of Article 2 or by court
order, the spouse or partner who is not a national of a Member State has the right of access to
a minor child, provided that the court has ruled that such access must be in the host Member
State, and for as long as is required.
Before acquiring the right of permanent residence, the right of residence of the persons concerned
shall remain subject to the requirement that they are able to show that they are workers or
self-employed persons or that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host Member State during
their period of residence and have comprehensive sickness insurance cover in the host
Member State, or that they are members of the family, already constituted in the host Member State,
of a person satisfying these requirements. "Sufficient resources" shall be as defined in Article 8(4).
Such family members shall retain their right of residence exclusively on personal basis.

[IQU]

ya i understand after 3 year of marriage you can stay in ireland in your own rights but still eu national have to excerise their eu treaty right in ireland.if she/he left the ireland after even 3/4 years of marriages you cant stay in ireland legally because he /she not living in ireland.

[Monifé]

ya i understand after 3 year of marriage you can stay in ireland in your own rights but still eu national have to excerise their eu treaty right in ireland.if she/he left the ireland after even 3/4 years of marriages you cant stay in ireland legally because he /she not living in ireland.

My solicitor (from Brophy Solicitors) confirmed that after 3 years of marriage or relationship to EU national, you can retain your residence rights in your own right. You do not need the EU national to live in Ireland. You just need to be exercising your own treaty rights. If you are unsure and need more advice, I would advise that you have a consultation about EU treaty rights with Brophy Solicitors.

Also, I think you need evidence for the 3 and a half years of marriage that your wife was exercising her treaty rights and that you were living together for when you apply for your permanent residence card.

[IQU]

hi monife do you personally know somebody.you extend /renew their visa after 3 years of marriage separation.waiting for yours reply.

[Monifé]

No I dont know anyone personally in the same situation as you. Sorry.

I just got that information from my solicitor.