Stamp 4 eufam visa revoked and appeal refused

[reminder1432]

Hi I’m married to polish national. I had 5 year valid stamp 4 eufam received on feb 2016 but my wife left Ireland on August 2016 and returned to Ireland on 2018. She gave a birth to our son in Poland. She came to visit me few times within this 2 years but she never took an employment here in Ireland for that 2 years. She started job on March 2017 and she’s on full time employment since that time but I got revoked letter on June 2017 that she was never in Ireland and I applied for repeal and it took over a year to get new decision and today I got another refusal letter. I don’t know what to do now? My letter says I’ve to go to nearest Garda station and submit my stamp 4 eufam card and appeal for a decision within 21 days.

Please help

[Jordans]

Has your wife left Ireland with the only purpose, to give birth in Poland? In other words, she didn't intend to abandon you, she just wanted to avail of the maternity services available in her home country, in her native language at the most vulnerable time of her life? And following childbirth she came back to Ireland bringing your son along, started employment and you are living together as if her departure didn't happen, is that right? If I were in your position and all this was true, I would present this in the form of a written and signed statement from both of you at the time of submitting your appeal. It would help if your wife kept receipts for the medical procedures she underwent if she paid for them, her flight bookings, a copy of the birth cert, letter from her present employer, calls/messages proving that you communicated during her absence demonstrating her intent to come back to Ireland. I am not saying this is the solution but it may help. Good luck!

[DanaMarie]

Your post is slightly confusing...you say she left in 2016 and returned in 2018 and didn't work during that two years but then you also say that she began work in 2017. Can you clarify?

[reminder1432]

Your post is slightly confusing...you say she left in 2016 and returned in 2018 and didn't work during that two years but then you also say that she began work in 2017. Can you clarify?

Sorry that was a mistake she began working on 2018.
She worked till 2016 January and didn’t work for 2 2 years and 6 months.

[reminder1432]

My question now is do I re appeal my case? Or do I start new stamp 4 eufam application? I’m bit confused. I’ve sent them all tickets, emails and everything on my last appeal and still got refused

[littlerr]

You don't really have a strong case here to argue, as your wife was not in Ireland for 2 years. Your Stamp 4EUFAM solely depends on her. If she's not living in Ireland, you cannot get your stamp.

I guess you could argue that now your wife is living in Ireland with you and is exercising her EU treaty rights, but that does not change fact that your previous Stamp 4EUFAM is invalid between 2016 and 2018.

[reminder1432]

You don't really have a strong case here to argue, as your wife was not in Ireland for 2 years. Your Stamp 4EUFAM solely depends on her. If she's not living in Ireland, you cannot get your stamp.

I guess you could argue that now your wife is living in Ireland with you and is exercising her EU treaty rights, but that does not change fact that your previous Stamp 4EUFAM is invalid between 2016 and 2018.

Thank you for your reply. Do I need to make a fresh application or still have to put eu4(appeal) ?

[joker]

Time to go home