American on tourist visa, still apply for EU Treaty Rights?

Hi all,

I had been living in Ireland for 3 years in the same house with my EU (non-Irish) partner. The lease and all bills are in our names as is a joint bank account. I had overstayed my visa and am currently in the US looking after a sick family member. I asked the EU Treaty Rights office if I would be able to apply for form EU1 from outside Ireland but I was told that both me and my partner must be resident in Ireland. I do not understand if this means we must both be physically present in Ireland when applying or if that I must also be a legal permanent resident of Ireland.

Can anyone clarify this for me?

We have been in a relationship for 5 years, though we were both only living together in Ireland for the last 3 years. My plan was to return to Ireland in a few months time at which point I would submit the form EU1 application; however, I have concerns about this course following the correspondence with the Treaty Rights office as I will be returning only as a visitor/tourist.

Yes both of you will need to be in Ireland (form EU1 is for someone who is already in Ireland and is applying for a residence card, there is separate EU family member visa application process for someone who is not in Ireland yet). You will also need to prove that you partner is working (or studying), and that you are living together. While as I mentioned there is a specific type of visa for someone joining an EU citizen, this is not mandatory and you can just enter as a tourist.

Did they catch you when you overstayed you visa though? They might have concerns about letting you in with a tourist visa waiver if you have a history of staying here illegally.

No, I was never caught.

In fact, I tried to submit all the documentation for the application before I left for Christmas but I couldn't rely on my passport being returned to me before my flight. I was confident I would be able to submit everything upon returning until I saw 'resident' given in the email.

So, you reckon then, as long as I'm allowed to enter Ireland there shouldn't be any reason preventing me from submitting the application? Will I need I to do anything differently (eg report to GNIB)? My dossier is ready to be sent in as soon as I arrive.

Many thanks for the reply.

Yes, for this type of residence card (under EU law) they have to accept application regardless of how you entered the country, so you don't have to worry about that.

I am not too sure sure about how things work in terms of registering with the GNIB when you are here as a tourist to be honest. You can expect it will take 6-8 weeks to get an acknowledgement letter for your application and a temporary stamp 4. I would say if your are allowed to stay for that long without GNIB registration you don't need to do anything, but otherwise you might want to register before you submit your application. I would email them explaining the situation to get written instructions.