Retention of right and disability

[Zizi1]

Hi everyone,
Am a non eu citizen, married to a british citizen, we both live in ireland, we got married in 2012 in england and came to ireland 2014, am on an eufam 4 since 2015 and would expire in 2020, when we got here in 2014, my wife was working, after a year she became very ill, have also been working since, but she is on disability benefit and I still work, she is not exercise her Eu treaty right due to her health. Recently we have been having issues and she wants to go back to England, and she also wants a separation, but I don't know if I would be able to retain my status.
Anyone out there who has answers please?

[Obie]

Would she be able to work again?, what did the doctor say about her long term prognosis? is her condition permanent or temporary?

Unless she is permanently incapable of work and she left work due to permanent incapacity to work, you will lose your right of residence if she leaves the state.

Unless of course you divorce.

[Zizi1]

She Is permanently incapable of work. It's a long term illness and doctors have said she won't be able to work.

[Obie]

Was this condition the reason she cease from working?

[Zizi1]

Yes

[Obie]

You may be able to retain your residence or qualify for Permanent Residence in that case.

[Zizi1]

Was this condition the reason she cease from working?

Obie, thanks for responding, it was due to her health that she stopped working, I have letters from work and from doctors to prove this.

[Zizi1]

You may be able to retain your residence or qualify for Permanent Residence in that case.

Even though she leaves the country and we are not divorced yet?

[Obie]

If you indeed have certain rights, the fact that she lI've the state will not cause problem.

How come you are on benefits when you are in full time gainful employment .

[Zizi1]

Am not on benefits, wife is, but how do I go about this? Would love to get enlightened.

[Obie]

An application should be made to the department of justice setting out the circumstances of the case and the applicable law..

[Zizi1]

An application should be made to the department of justice setting out the circumstances of the case and the applicable law..

Have you got some sort of link you can post on here? I mean for the applicable law you mentioned, I would really appreciate that,

[Zizi1]

I posted this about a year ago,

Recap : Hi everyone,
Am a non eu citizen, married to a british citizen, we both live in ireland, we got married in 2012 in england and came to ireland 2014, am on an eufam 4 since 2015 and would expire in 2020, when we got here in 2014, my wife was working, after a year she became very ill, have also been working since, but she is on disability benefit and I still work, she is not exercise her Eu treaty right due to her health. Recently we have been having issues and she wants to go back to England, and she also wants a separation, but I don't know if I would be able to retain my status.
Anyone out there who has answers please?

So today, I got a letter from inis saying that she is not exercising her eu rights, and it's been proposed to revoke my my permission as I do not qualify for residency under the provisions of European community ( free movement of persons ) regulations 2015.

If there is anyone out there , who has any knowledge or solution about this, your thoughts on what to do would be really appreciated.. although am going to have to go see a lawyer on this one as well.

[max307]

I posted this about a year ago,

Recap : Hi everyone,
Am a non eu citizen, married to a british citizen, we both live in ireland, we got married in 2012 in england and came to ireland 2014, am on an eufam 4 since 2015 and would expire in 2020, when we got here in 2014, my wife was working, after a year she became very ill, have also been working since, but she is on disability benefit and I still work, she is not exercise her Eu treaty right due to her health. Recently we have been having issues and she wants to go back to England, and she also wants a separation, but I don't know if I would be able to retain my status.
Anyone out there who has answers please?

So today, I got a letter from inis saying that she is not exercising her eu rights, and it's been proposed to revoke my my permission as I do not qualify for residency under the provisions of European community ( free movement of persons ) regulations 2015.

If there is anyone out there , who has any knowledge or solution about this, your thoughts on what to do would be really appreciated.. although am going to have to go see a lawyer on this one as well.

Did you notify INIS of the changes in your personal circumstances last year? Did you divorce your UK citizen wife or are you still together? Is she currently living in Ireland or in the UK?

Depending on your current personal situation you might be able to apply for EU5 (see link below) but I'm not sure if it's too late now that they sent you a letter with the intention to revoke your Stamp 4 EU FAM.

http://inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights

[Zizi1]

We are still very much together , and yes I informed inis about our situation, I even sent them a letter from her doctor saying that she cannot work, and we still live together, and am still working as well, not that it even counts anyway

[max307]

We are still very much together , and yes I informed inis about our situation, I even sent them a letter from her doctor saying that she cannot work, and we still live together, and am still working as well, not that it even counts anyway

In theory INIS can't revoke your Stamp 4 EU FAM then, the only reason the EU citizen isn't working at the moment is due to a long term illness and a physician was able to corroborate that.

Reply to all their inquiries as soon as possible and provide as many documents of her illness as you can. If able to do so get some legal help to expedite your case.

[Zizi1]

I would get letters from the GP again, and also involve a solicitor, she is getting disability benefit, its unfortunate she is very ill, I wish I could help her situation.

[Obie]

We are still very much together , and yes I informed inis about our situation, I even sent them a letter from her doctor saying that she cannot work, and we still live together, and am still working as well, not that it even counts anyway

If you work , then it may be classified as treaty rights, provided you get a medical insurance.

[Zizi1]

Does it matter if I get the insurance now? Or I should have had it ages ago?

[Zizi1]

Does it matter if I get the insurance now? Or I should have had it ages ago?

[max307]

Does it matter if I get the insurance now? Or I should have had it ages ago?

You and your EU wife were meant to have private medical insurance since you moved to Ireland. Did they not check for that when you applied for EU Treaty Rights?

The idea behind it is that the EU citizen and his/her family members do not become a burden on the social assistance system during his/her period of residence in Ireland even where those resources derive in part from those of his/her spouse who is a third-country national.

[finalversion_2k]

I don't have much experience like other senior members but it sounds strange to me..

just one GP letter will not work in your case.. if GP said she can't work completely that means she's very ill. that mean she has some serious issue.. that means you guys should have some medical reports, blood test or any other of her medical treatment..

I believe there are two possible solutions for your situation.

1. you should show the medical insurance of the time period when she wasn't working and some sufficient resources on both of your accounts.

2. If she's with you reply them with letter that call us for interview, we are happy to attend. so she herself explain her medical situation.

[Zizi1]

I am looking to see a solicitor on the matter , and no they didn't ask for any medical insurance when we applied for EU1 , as she was working at the time of application

[max307]

I am looking to see a solicitor on the matter , and no they didn't ask for any medical insurance when we applied for EU1 , as she was working at the time of application

It doesn't matter; private medical insurance is required if the EU citizen is employed, self-employed or as in your case unemployed.

[Zizi1]

Well, we didnt have private medical insurance, is there any solution, or what can we do about the situation?