EU spouse looking to claim job allowance

[knapps]

My wife is back to Ireland after spending 10 months at home for medical treatment. There seems to be a delay for her to get her job back she got a p45 before she left.

She has been back for 3 weeks now and would like to claim some social benefits to get her going until she gets the job.

She had worked in Ireland for about 4 years before she went home. She was in one job and paid PRSI.

Will this have any effect on my status???? I am still under naturalization for 4 and half years.

Please let us know.

[IQU]

no dont worry .it will not affect on your side also its not going to affect your visa.if ur taking benefit than it will affect u

[knapps]

i read it somewhere here in another post that if an EU family get social benefits the non EU will have some impact ..

so, that info was incorrect?? right

[fatty patty]

She can apply for jobseeker's benefit as she worked in the state before...so it would not be considered as burden on state as such....well...

http://www.welfare.ie/EN/Schemes/Jobsee ... es/jb.aspx

and once she gets a job, all is well it won't go against you.

[Obie]

I believe there is a slight problem here, your wife left Ireland for a period of 10 months for reason other than child birth or military services. This essentially breaks her residency, as it exceeded the 6 months exemption for other reasons. This break could also impact yours as well, as your right to reside is dependent on hers.

The second issue is, she was not made involuntary redundant, she quit her job, albeit due to ill health, which meant she was not considered a migrant worker who has been made involuntary unemployed, but rather someone who left the state. Now that she has returned, she will have to restart the clock. Hopefully the Department would not question this 10 months. But if they did, they will be within their right to refuse you Permanent Residence at the end of your five years. However you will not likely be removed, but in worst case scenario be issued with another residence Card.

She can register as a job seeker, and would be eligible for Job seekers support. She may be required to provide evidence of a realistic prospect of securing a job, after a reasonable period on jobseekers allowance, but so far you will be alright.

[knapps]

Dear obie, and other thank for your replies.

This is a 100% genuine case where we have medical documents to prove of the inefficiency of Irish hospitals and efficiency of Czech hospitals that how they dealt with her health issues.

I dont give a damn about what they say as long as my life is healthy. I could not compromise her health for my residency. As it is just not right at all.


Going back to affect on me. I do not think so, she already have an EU passport also under EU law that child birth and other stuff is for Non EU member not for EU member. Someone can clarify maybe.

Also, the extract here from EU website

Long-term resident status

Member States must recognise long-term resident status after five years' continuous legal residence. Absences from the Member State for periods of less than six consecutive months (and not exceeding ten months in total within the five-year period) or for specific reasons provided for by national law (e.g. military service, secondment for work purposes, serious illness, maternity, research or studies) will be regarded as not interrupting the period of residence.

So, it is also for serious ilness. Two major operations I consider serious ilness.

[El shaddai]

I would advise you think about your wife wellbeing and state of health, about residency?future will take care of itself.there s nothing new they can do. Goodluck

[Obie]

Apologies Knapp's for wrongly thinking the scope of the over 6 months absence was limited to Military and Child Birth reasons. If your wife's conditions is considered as seriously ill, then you are right, she retains her right of residence if her absence exceeds a one of 12 months.

Validity of residence card
8. (1) Subject to Regulation 20, the period of validity of a residence card shall be equivalent to the
envisaged period of residence in the State of the Union citizen of whom the recipient of the card is a
family member, or not less than 5 years from the date of issue of the card, whichever is the lesser
period.
(2) The validity of a residence card shall not be affected by temporary absences of the card holder
not exceeding 6 months a year, or by absences of a longer duration for compulsory military service
or by one absence of a maximum of 12 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.

Article 16
General rule for Union citizens and their family members
.............

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.