SICK EU NATIONAL CAN NOT EXCERCISE EU TREATY RIGHTS

[tarjan]

Hi all, i have a query about my spouse. She worked in Ireland for 1 and half yrs. Then for more than 1 year she is seriously sick with lever problem and cant work. she is recieving treatment and care at her home country.
I'm an EU-FAM . now in this situation what can i do as my wife isnt able to excercise her rights in Ireland.? i've a 3 yrs old EU child. how would i able to extend my stamp ? suggestions and advises will be much appretiated.
Thanks in advance

[IntegratedMigrant]

I will advice you to have a doctors letter with you outlining your wife's health, when renewing your stamp and explain to the Immigration officer what the situation is.

Also let them to know your wife is back to her home country temporary and should return after treatment.

With yourself, your EU child and your wife being sick, I think you might have a positive outcome to your renewal.

[tarjan]

thanks for promt repley, my child is ok but wife got serious lever prob, sad to say i dont know how long she cud survive ,,,,god knows, normaly people survive 2-10 years, motehr in law look after my child in her country becos i have to work for support them also my back home.

i saw lots people refused becos of there wife was not working,,,,wat sud i do in that sisuation pls advice
doctor letter or report thats no problems to get becos she was tested in ireland hospital,

thanks

[IntegratedMigrant]

You' re not gonna get any solution here but an answer to your questions.

I suggest you go to an Immigration officer and explain as written above, then you will know what else to do. Take a first step!

[frei]

you and your wife may be able to get permanent residence , you will need to demonstrate that you wife is incapable of working but what I do not know is if one and half year is enough work time or she must have worked for a longer period.

wait for comments from experienced members in this area

[frei]

How long has your wife been outside Ireland? absence of more than 12 months due to illness might be a problem

[tarjan]

thank you all,,,she is coming soon to stay here and start treatment in ireland, i m not sure she can work few hours or not,
wat is the LAW SAYS about this matter any body has any idea ?
thanks

[Brigid from Ireland]

Hi Tarjan,

What is the position of your wife with regard to social welfare?

If she can get Irish social welfare benefits (due to being sick) this may be seen as an exercise of EU treaty rights. The questions below are to see if she qualifies for such benefit.

Did she work in Ireland as an employee during the year 2011 (or 2010)? If so, how may weeks of paid work did she have in each year 2010/2011? (If she does not know the answer to this question she can ask the tax office or the social welfare office by e-mail and they will tell her).

In addition, did she ever work as an employee in any other EU country (her home country, for example)? If yes, for how many weeks/years in total?

In addition, did she claim unemployment or sick benefit from Irish social welfare when she got sick (or any social welfare in her home country)?

These questions are important - she may be entitled to 188 euro/week for life if the answers are right, and if she is sick.

If the answers above do not entitle her to social welfare benefit money, she may work for small pay (more than 38 euro/week, I think) and this confers all rights after she has worked for some time. If she has lost her social welfare rights she needs to work for 26 weeks and earn more than 38 euro per week to regain her rights. She need only work one hour - it is earning 38 euro or more that counts, not the number of hours worked. Sometimes the local church will give such work as a charity, so as to support the family during illness. It is not the number of hours worked, or how much work you do, it is the amount of money she earns that counts.

Advice:

Wife gets small job, few hours, small wage of more than 38 euro/week, husband earns most of the money, wife is working so husband can stay in Ireland. This is EU treaty rights. Once wife has worked 26 weeks, she can sign for sick pay or credits and this is also EU treaty rights (she may currently be able to sign for sick pay, depending on the answers above).
OR
Is the child an Irish citizen? If yes, then you can stay in Ireland if you bring the child back to Ireland. This is known as a Zambrano right. The child must have Irish passport and live in Ireland for his father to exercise the Zambrano right.

[tarjan]

thanks a millon ,,,thats realy good advice, i will do that, thanks again