Irish citizen returned from abroad....refused SWA, will I get JSA?

posy2010

Hi all,

I am an Irish citizen who has been in the USA for the past 5 years. I experienced a lay off (who hasn't?) and came home to my family. I have every intention of staying here permanently and working here once I actually find a job.

I am 25. I applied for JSA and in the meantime was told to visit my CWO for SWA. Got a call today stating that I was refused due to habitual residence ONLY because I had been out of country for over 2 years. The CWO was very nice and stated that obviously I have all my family here, was educated here and plan to stay, but this went against me.

I have my means test next week for JSA. Now I am worried I will also be refused JSA on the same above grounds. I was also told HRC apps can take 6 months?

Surely it is unconstitutional to not provide assistance to Irish citizens??

I would really appreciate any advice or related anecdotes.

Cheers.

yabadabado

HRC claims can take alot longer than 6 months depending on the circumstances.

posy2010

Thanks for the answer. So I am not entitled to anything in the meantime? I mean my passport is Irish. I am Irish. It is ridiculous.

robinph

But you've not been contributing to the Irish economy for the last 5 years.

posy2010

Right, I understand but my family have been. Plus I plan to in the future as soon as I can get a job, plus I have paid PRSI in the past. There are many non-nationals getting benefits from what I can see so far or am I incorrect?

robinph

If you have enough prsi payments made in the previous two years you would get benifits. Your parents payments entitle them to benifits if they need them, not you. Non-nationals getting benifits will only be doing so because they have been in Ireland and contributing to their own prsi entitlements.

posy2010

Right, OK. Guess I am screwed then! If only they could get the money from the US (or I could)

robinph

If you had been somewhere else in Europe for the last 5 years then I think you can get some benifits to follow you, doubt that is the case from the US though. Are there even any dole type benifits in the US?

posy2010

I would have been entitled to America's dole but, like over here, you cannot live on it. My family are all back here, so to maintain a roof over my head I had to come back. Looks like the money I paid in over there does not transfer over. I am in a bit of a nightmare. I was damned if I do, damned if I didn't kinda thing.

Balagan

You can appeal this decision.

This document may be helpful to you http://ciic-usa.org/news_fromireland.html

posy2010

Cheers. That really does help. My CWO recommended I appeal so I may throw in my billion job applications and rejections that are sitting in my e-mail to prove that I am planning to stick around. Thanks all for being so helpful.