can my eu 1 be approved if my wife do not study anymore

[daddy]

Am non eu, spouse of eu citizen(british). i am living in ireland with my wife, my wife is a student here in ireland, we have comprihensive sickness insurance cover for me, my wife and my step daughter, and do not claim any benefit, we have money to take care of ourselves. My wife is presently pregnant and have some problems such that she always visit the hospital and do not feel strong enough to attend school these days.
i have a temporary 6 months stamp 4 and waiting for my residence card.

my question is this, if my wife's condition continues like this, would the DOJ consider her as selfsufficient (as we have medical insurance and money to live on) and grant my residence card or refuse to grant my residence card due to poor attendance at school.

Any idea would help,
Thanks

[Monifé]

I would assume your wife could take the time off college as maternity leave and in the case your wife will still be regarded as studying and exercising her treaty rights.

Not 100% sure so wait for others to reply

[daddy]

thanks for the reply, many more contributions would be appreciated.
Many thanks.

[walrusgumble]

Am non eu, spouse of eu citizen(british). i am living in ireland with my wife, my wife is a student here in ireland, we have comprihensive sickness insurance cover for me, my wife and my step daughter, and do not claim any benefit, we have money to take care of ourselves. My wife is presently pregnant and have some problems such that she always visit the hospital and do not feel strong enough to attend school these days.
i have a temporary 6 months stamp 4 and waiting for my residence card.

my question is this, if my wife's condition continues like this, would the DOJ consider her as selfsufficient (as we have medical insurance and money to live on) and grant my residence card or refuse to grant my residence card due to poor attendance at school.

Any idea would help,
Thanks

THere are a number of examples of exercise of freedom of rights (IN ADDITION TO THE TREATY RIGHTS - WHICH ARE CURRENTLY BEING EXAMINED ON TWO BASIS ATM IN ECJ). They are, roughly

1. Work / self Employed
2. Study with insurance etc
3. Residing without recourse to funds, full health insurance etc.... I like to call this, the person of leisure. Imagine, retired elderly English people flying off to the retirement home in Spain.

I think you should be ok, provided that there is no recourse to state funds (except maternity which an employee is entitled too, and any other employee related funds)

Chill.

[daddy]

IN ADDITION TO THE TREATY RIGHTS - WHICH ARE CURRENTLY BEING EXAMINED ON TWO BASIS ATM IN ECJ). They are, roughly



Please, may i ask for more clearification on the above statement.

Do you mean self-sufficient person or is there another category that is called residing without recourse to pulic fund?

May I understand what you ment by ATM IN ECJ?

Thanks for your anticipated answer to the above questions.
Regards.

[walrusgumble]

IN ADDITION TO THE TREATY RIGHTS - WHICH ARE CURRENTLY BEING EXAMINED ON TWO BASIS ATM IN ECJ). They are, roughly



Please, may i ask for more clearification on the above statement.

Do you mean self-sufficient person or is there another category that is called residing without recourse to pulic fund?

May I understand what you ment by ATM IN ECJ?

Thanks for your anticipated answer to the above questions.

the cases are not related to you. They are related to EU citizen children of non eu parents and the right to reside in the host state even though the parent is dependant on the minor (which technically is not possible) Its an expansion to chen. Why am I referring to it? Well, the advocate, has given a judgement and its very far reaching in the concept of what european citizenship is. All states who gave submissions, including Ireland and Germany rejected the Advocate. BUT if the courts agree, the spirit of the application and notion of europe and citizenship would help you

Are there cases on self sufficency, now doubt they are. you must remember case law in self sufficency and what makes, even a worker is extremely liberal in that it must not put up obstacles.

Look, if your spouse has funds evidenced in statement, insurance etc, she is exercising her rights. end of story. if she can provide for you, you have rights.

self sufficiency, without asking how much she has in her account, who is this financed. Lets remember how expensive it is to live here. Whats the rent. I imagine that kind of evidence is what is required. she spouse getting money sent over by family ? (good evidence of self sufficency) fact that no resort to state funds helps (but remember what the directive says, which comes from old ecj case law, it need only be "unreasonable burden" - example of this is where one worked eg 3-4 years and paid prsi etc and on the dole for eg 6 months to one year - that employee is likely to have made up for that dole for the past other years.

check www.bailii.org there are links to ecj cases and you can do general searches if you are patient. if i get a chance i will put up some cases. others here will no doubt help
Regards.

[walrusgumble]

IN ADDITION TO THE TREATY RIGHTS - WHICH ARE CURRENTLY BEING EXAMINED ON TWO BASIS ATM IN ECJ). They are, roughly



Please, may i ask for more clearification on the above statement.

Do you mean self-sufficient person or is there another category that is called residing without recourse to pulic fund?

May I understand what you ment by ATM IN ECJ?

Thanks for your anticipated answer to the above questions.
Regards.

self sufficency is a category of its own, eg eldery couple retiring to sunny spain for the later part of their life. i call this the man / women of leisure clause. jasus, what about all our artists/painters who have not made a buck or two in years. could you expect ireland's next beckett and joyce being able to "create" if they were sullified here in auld deary ireland persecuted by the non recongition of their sheer brilliance by the meer plebs oh the travesty

[daddy]

Thanks for your reply, it is really helpful.

Do you surgest that my wife should write DOJ explaining the situation or better not write but send them her bank statement, already we have comprehensive health insurance.

The only problem i think with writing DOJ is that the letter seems to be given them another ground to complicate the applicant.

What do you think?

Thanks.

[walrusgumble]

Thanks for your reply, it is really helpful.

Do you surgest that my wife should write DOJ explaining the situation or better not write but send them her bank statement, already we have comprehensive health insurance.

The only problem i think with writing DOJ is that the letter seems to be given them another ground to complicate the applicant.

What do you think?

Thanks.

speak to a lawyer

[daddy]

Is it necessary for my wife to send in bank statement to DOJ to be added to my application even when it is not required for a student?
Whats your ideas please.

[walrusgumble]

Is it necessary for my wife to send in bank statement to DOJ to be added to my application even when it is not required for a student?
Whats your ideas please.

The application is based on what your wife does in Ireland. Even if she misses class, she may still be considered self sufficient. The fact that she is preganant would hardly deem her as messing or being abusive to the notion of the term "student". Its not like she is failing to attend out of laziness or an inability to carry on the course in the normal way.

I would suggest banking on the application on two fronts

(a) On basis of her being a student with the usual proofs as you have already

(b) Being Self Sufficient, providing all details of same, including her own bank details.

It does not really matter, techincally what you as a non eu person do, it is based on what she does. (obviously, its quite possible that all bank account stuff is in joint names)

I would put everyone's details (ie bank account - so long as its reasonably healthy) in, despite not being asked for it