Stamp 3 for Primary carer of EU citizen child in education

[Ayan]

Hi All,
I have applied under the IBRAHIM and TEXARIA ruling as my son is an eu citizen and is in primary education, i am the sole carer for him as mother left ireland. She fulfill the requirements of a migrant worker whose children are in primary education in the host member state.
DOJ gave me stamp 3
I lost my job because i was on stamp 4 EUFAM which was not possible to be extended.
My Stamp 4 EUFAM was revoked because i was divorced before the completion of three years of marriage to EU citizen.

My solicitor said they will bring the case to high court but i dont have any savings to survive here with my son as i am jobless for last 2 months.

Is there any chance i can get stamp 4 or
I can claim any kind of assistance from social welfare while i am unemployed.
I never claim any benefit and i was paying taxes for last 8 years while on student visa and on stamp 4

Thanks in advance for any helpful suggestions
DOJ apply Ibrahim vs Texaria judgement in my case but unfortunatley the issued me stamp 3 residence only

[Obie]

Stamp 3 is certainly wrong, as those judgement clearly indicates the primary carers have rights to claim benefits without their rights of residence being affected.

It is diffciult to see that the family members can claim benefits but cannot work. Stamp 3 recepient cannot even claim benefits, which is in gross violation of the judgement you cited. You need to write to the DOJ specifying that their action is clearly unlawful, and imposes a significant burden on your children.

The directive states that even if you have not been married for 3 years, if you have a child by the EEA national, and you are the primary carer, you should be able to retain your rights. They are therefore wrong in 2 directions.

Perhaps you should try brophy. I am sure they may be able to help.

http://www.brophysolicitors.ie/brophyso ... Rights.htm

I believe the new EU 5 application covers this. Also see the guidance.

[Ayan]

Here is the letter what i received from EU Treaty Rights Section

" I refer to ur application which has been considered as requested based on the provisions of Article 20 of the Treaty on the functioning of the European Union and the judgement of the court of Justice of the European Union in case C-310/08 London Borough of Harrow-v- Nimco Hassan Ibrahim, Secretary of State for the Home Department, and Case C-480/08 Teixeira -v-London and Secretary of State.

I wish to inform you that your Application has been approved as you fulfill the relevant conditions set out in the Texeira and Ibrahim Judgement.
It has been noted that your son meets the requirements of Article 10 of Regulations(EU) No. 492/2011 of D.O.B on the freedom of movement of migrant workers with the union(codification) and as such the ECJ Case law of Ibrahim and texeira applies.
You as a third country national parent having primary care and control of EU citizen child pursuing his rights to education in the state on sole basis of Article 10.
The right of residence in the host state of parent who has primary care and control of EU citizen child, ends when the child reaches the age of majority, unless the child continues to need the presence and care of that parent in order to pursue and complete his or her education.

The Minister is therefore granting you residence permission in the state(SAMP 3), for a period of three years from the date od this letter.

A registration fee may be payable on registration of this permission

This permission to remain is subject to a number of condition, most important of which is that you remain in compliance with Irish Law in every respect.

This permission maybe renewed provided the condition (set out above) on which the original grant was made remain unchanged.An aplication for renewal to be made before the expiry of existing residence permission to GNIB


Please if anyone have a clue what i sould do now, My solicitors(Brophys) are preparing a case to bring to high court, But i dont know how I will survive here without job with my son, I dont have any savings and no other source of income or assistance..

waiting for Your helpful replies

Kind Regards[/b]

[Obie]

This is clearly unlawful, how could they say they are implementing an EU law rights and ignore all the rights attached to this right.

I believe Brophy should be able to assist you further.

They will need to write to them, informing them of legal action that you are about to take if they refuse to issue you with stamp 4 and a right to benefits and employment.

[EUsmileWEallsmile]

What were the circumstance in which your residence card was revoked?

As others have pointed out, article 13 may still be of relevance to you (in particular 13.2b).

Did you and your ex-wife have your son together? Were you actually in a relationship with this woman prior to marriage and in Ireland? Where was the child born? Is your ex-wife still in the state?

[Ayan]

What were the circumstance in which your residence card was revoked?

As others have pointed out, article 13 may still be of relevance to you (in particular 13.2b).

Did you and your ex-wife have your son together? Were you actually in a relationship with this woman prior to marriage and in Ireland? Where was the child born? Is your ex-wife still in the state?

I was married to EU citizen in 2006
I got my residence card in 2008, which was revoked as my ex wife got divorce from her home country and department revoked my residence card as our marriage didnt last three years.
I dont have any children from my ex wife.
My son who is now 4 years old born in 2008, his mother as well an eu citizen.
My ex wife is still in ireland but we have no contact since 2009.

[Obie]

This may be your case, i am in total agreement with Brophy as i pointed out above. If those parents were allowed to get benefits, it remains to be seen whether they are prohibited from employment.

[Ayan]

This may be your case, i am in total agreement with Brophy as i pointed out above. If those parents were allowed to get benefits, it remains to be seen whether they are prohibited from employment.

I send an inquiry to UK Border Agency about the new "Derivative Right of Residence", A new type of Residence card introduced for Chen, Ibrahim and Texeira judgments.
I asked them if people fall in above categories will be allowed to take employment in UK?
Their response is,

Dear Imran,

Thank you for your e-mail dated 25 September, in which you have enquired about the right of persons holding a derivative residence card to take employment in the UK.

The conditions which a person meet in order to qualify for a derivative right of residence are set out in regulation 15A of the Immigration (European Economic Area) Regulations 2006. The conditions for persons claiming a right of residence as the primary carer of a self-sufficient EEA national child are set out in regulation 15A(2) and as the primary carer of a child of an EEA national who is in education in the UK in regulation 15A(4).

I can advise that a person who has a derivative right of residence in the UK under regulation 15A is permitted to take employment in the UK for as long as they continue to qualify for a derivative right of residence.

I trust that this answers your queries satisfactorily.

Yours sincerely,

European Operational Policy Team
UK Border Agency

Any comments please and if some one can clarify if I am eligible to stamp 4 in Ireland...

Thanks

[Obie]

I believe we have already confirmed this. The european court of Justice has already confirmed that such people are entitled to all form of benefits. It will be really odd if they are entitled to all form of benefits but not allowed to work. In ireland Stamp 3 doea not allow you to claim benefits. Therefore the authorities are wrong as we have already stated

[Ayan]

I believe we have already confirmed this. The european court of Justice has already confirmed that such people are entitled to all form of benefits. It will be really odd if they are entitled to all form of benefits but not allowed to work. In ireland Stamp 3 doea not allow you to claim benefits. Therefore the authorities are wrong as we have already stated

thanks Obie
Lets see what happens in court.
hopefully get an early hearing in October or November.

[Brigid from Ireland]

I just wanted to add that you should apply to Social Welfare for Unemployment Benefit and Lone Parents (it is important to apply for both, as the rules are different and you may be eligible for one or both or neither) and to the Community Welfare Officer for Supplementary Welfare Allowance/Rent Allowance, even if you think it will be refused. The reason is that you can appeal the decision, and if you win your case, all the money will be backdated to when you applied. If you don't apply, you lose all that money. Apply, apeal if you lose, and if you lose this go to the Ombudsman, who will look at your right to work/receive benefits.

I hope you are getting Child Benefit at present?

[Ayan]

I just wanted to add that you should apply to Social Welfare for Unemployment Benefit and Lone Parents (it is important to apply for both, as the rules are different and you may be eligible for one or both or neither) and to the Community Welfare Officer for Supplementary Welfare Allowance/Rent Allowance, even if you think it will be refused. The reason is that you can appeal the decision, and if you win your case, all the money will be backdated to when you applied. If you don't apply, you lose all that money. Apply, apeal if you lose, and if you lose this go to the Ombudsman, who will look at your right to work/receive benefits.

I hope you are getting Child Benefit at present?

Thanks Brigid!
I was already in Social Welfare Office but to apply One Parent Family Supplement but they refused to take my application.
They said i cant apply as i hold Stamp 3, I will go to Apply suplementary welfare allowance soon, but i know they will refuse it aswell.
Yes you are right its worth to apply now
Thanks for ur help
i will update if there is any news.

[Brigid from Ireland]

Social welfare staff cannot refuse to take an application.

They are required to take the application, and issue a formal letter of refusal, stating that you do not qualify because you are on stamp 3. You can then appeal this decision. Same with Community Welfare Officer.

However, do not argue with the staff, because they could accuse you of being agressive. Leave their office politely and e-mail them. You need a paper trail to confirm that you applied for lone parents and unemployment benefit, so that you can get your back money if the stamp 3 is changed.

Write to info@welfare.ie stating that they refused to take your application, and you want the application taken, backdated to when they refused to take it, and formally dealth with. Explain in your e-mail that you think you are on stamp 3 in error, and you are currently attempting to get the stamp changed to the correct stamp.

It is important that you apply for Unemployement Benefit also, as this is easier to get (in some way) than lone parents.