JSA Irish Citizen married to Amercian

jjbrien

Ok im Irish but who here isnt. Anyways I have been on a working holiday for the past year in Canada and I met an Amercian girl who I love and have married. We need to come home to Ireland as the job situation has got bad for me here. I know I can claim JSA but I am wondering can I claim for my wife? We need to spend a few months in Ireland whilst im waiting on an American visa

jjbrien

Anyone Im desperate here

Bannasidhe

jjbrien wrote: »

Anyone Im desperate here

If she is your dependent and you satisfy the habitual residency rules etc I can't see any reason why not.

Good guide here: http://www.citizensinformation.ie/en/social_welfare/irish_social_welfare_system/

Rasmus

If you are Irish (or EU) and you have a dependent spouse, then yes you are entitled to claim for her. If you haven't already, (if you are still in Canada) get her officially resident.

ResearchWill

jjbrien wrote: »

Ok im Irish but who here isnt. Anyways I have been on a working holiday for the past year in Canada and I met an Amercian girl who I love and have married. We need to come home to Ireland as the job situation has got bad for me here. I know I can claim JSA but I am wondering can I claim for my wife? We need to spend a few months in Ireland whilst im waiting on an American visa

I doubt your wife will get Stamp 4 in a few months the usual waiting time is almost 12 months, I do not know if you can then claim for your wife while she is awaiting status from INIS. Also if you are intending to travel back to the US it may complicate things. Best bet is ring a SW office.

Rasmus

ResearchWill wrote: »

I doubt your wife will get Stamp 4 in a few months the usual waiting time is almost 12 months, I do not know if you can then claim for your wife while she is awaiting status from INIS. Also if you are intending to travel back to the US it may complicate things. Best bet is ring a SW office.

Is this waiting time a new thing?

cee_jay

http://www.welfare.ie/EN/OperationalGuidelines/Pages/depsqa.aspx#legis

ResearchWill

Rasmus wrote: »

Is this waiting time a new thing?

No the following case a decision that took just under a year was challenged. http://courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/bee3352afbaf56e18025739900319ae2?OpenDocument

ResearchWill

cee_jay wrote: »

http://www.welfare.ie/EN/OperationalGuidelines/Pages/depsqa.aspx#legis

That answers the question then


Payment of IQA in respect of non-EU spouse/civil partner/cohabitant. Entitlement to payment of an increase for a qualified adult in respect of a non-EU spouse/civil partner/cohabitant of an Irish national should be determined in exactly the same way as if the spouse/civil partner/cohabitant was an EU national. The qualified adult must have a right to reside in the state

Rasmus

ResearchWill wrote: »

No the following case a decision that took just under a year was challenged. http://courts.ie/Judgments.nsf/597645521f07ac9a80256ef30048ca52/bee3352afbaf56e18025739900319ae2?OpenDocument

That case is completely different though. He was a student not permitted to work in the state. He got married in order to remain in the state.
I am an Irish citizen married to a non-national and the process of establishing residency was extremely fast.

ResearchWill

Rasmus wrote: »

That case is completely different though. He was a student not permitted to work in the state. He got married in order to remain in the state.
I am an Irish citizen married to a non-national and the process of establishing residency was extremely fast.

You are very lucky if you got Stamp 4 in a short time, from experience it takes longer than the EU married to non EU which by EU law must take no more than 6 months. Most application I have seen for stamp 4 based on married to Irish citizen take around the 10 months. How long did it take for your spouse to get stamp 4.

Sorry I just double checked in the OP's situation it would be much quicker. I did not consider the nationality of the spouse.

Rasmus

ResearchWill wrote: »

You are very lucky if you got Stamp 4 in a short time, from experience it takes longer than the EU married to non EU which by EU law must take no more than 6 months. Most application I have seen for stamp 4 based on married to Irish citizen take around the 10 months. How long did it take for your spouse to get stamp 4.

A couple of weeks. Now this was more than 5 years ago, things might have changed with the influx of immigrants.

Rua1

ResearchWill wrote: »

You are very lucky if you got Stamp 4 in a short time, from experience it takes longer than the EU married to non EU which by EU law must take no more than 6 months. Most application I have seen for stamp 4 based on married to Irish citizen take around the 10 months. How long did it take for your spouse to get stamp 4.

Sorry I just double checked in the OP's situation it would be much quicker. I did not consider the nationality of the spouse.

I got mine in 5 minutes at my local garda station......I was a non-visa required national, so it's usually significantly easier for us.

Rasmus

Rua1 wrote: »

I got mine in 5 minutes at my local garda station......I was a non-visa required national, so it's usually significantly easier for us.

My situation was actually more like that, I just don't remember the exact circumstances.

jjbrien

Rua1 wrote: »

I got mine in 5 minutes at my local garda station......I was a non-visa required national, so it's usually significantly easier for us.

My wife is non visa required to so I think we are fine there.

Foxtyboxty

I'm American (non visa required) got married in Ireland and the day of the wedding b4 the reception we got my stamp 4 card. If you live in Dublin it's that easy to walk in with your passport, marriage liscence and proof of address and 2hours later you have the card.
When we finally applied for jsb/jsa, we went up with all of our documents (a lease with your spouses name counts for habitual resident and a bank account, joint or not is icing on the cake) and got an immediate payment (5 days later) of swa while waiting for jsa which we got the next week. Rent allowance took two weeks (we got it when we got the jsa)

jjbrien

Foxtyboxty wrote: »

I'm American (non visa required) got married in Ireland and the day of the wedding b4 the reception we got my stamp 4 card. If you live in Dublin it's that easy to walk in with your passport, marriage liscence and proof of address and 2hours later you have the card.
When we finally applied for jsb/jsa, we went up with all of our documents (a lease with your spouses name counts for habitual resident and a bank account, joint or not is icing on the cake) and got an immediate payment (5 days later) of swa while waiting for jsa which we got the next week. Rent allowance took two weeks (we got it when we got the jsa)

Well we arrived back and shes all set with her class 4 stamp now. So its off to welfare tomorrow and we have an apartment viewing so she will be on the lease as well so she should be all set. Thanks for all the help