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EUFAM4 Stamp and citizenship

Forum to discuss all things Blarney | Ireland immigration

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Ambotnimo
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EUFAM4 Stamp and citizenship

Post by Ambotnimo » Mon Jan 27, 2014 12:51 pm

Hi all,

I got a question regarding citizenship in Ireland.
I'm an EU national, my wife is Non-EU national, we live together in Ireland. We recently picked up our EUFAM4 Stamp at the Garda station, valid for 5 years.

As far as I've read on the website, travelling to other countries is not a problem because of the stamp. I've read this correctly right?

My wife wants to become an Irish citizen, for Spouses of Irish citizen it takes 3 years, however I'm not Irish I'm Dutch.
Which of the following (as found on http://www.inis.gov.ie/en/INIS/Pages/Na ... Calculator) applies to my wife's situation?

* Standard Adult: 5 Year
* Spouse of Irish Citizen / Section 16 waiver application: 3 year

So should we wait 3 years or should we wait 5 years before we can apply for citizenship?

Thanks in advance

chaoclive
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Ireland

Re: EUFAM4 Stamp and citizenship

Post by chaoclive » Mon Jan 27, 2014 2:10 pm

Hi

The law is pretty clear:
1) Spouse of an Irish citizen = 3 years
2) Spouse of other EU citizen = 5 years for PR (I'm not sure how long after applying for PR you can apply for citizenship).

Ambotnimo
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Re: EUFAM4 Stamp and citizenship

Post by Ambotnimo » Mon Jan 27, 2014 2:35 pm

Thanks, could you give the link to that article and specific law? or tell me what specific article it is?
Would Irish national law be applicable for getting Irish citizenship or would EU law have exemptions for EU nationals here as well with the EU Treaty Rights under 2004/38?

Giving the Irish law regarding P.R. (permanent residency), would that be applicable to Irish Citizenship/naturalisation?

Thanks in advance,

Ambotnimo
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Re: EUFAM4 Stamp and citizenship

Post by Ambotnimo » Mon Jan 27, 2014 4:34 pm

Is it possible for a non-EU national spouse of a EU (non Irish) National to have the passport in three years instead of five years? If not, would it be possible for a EU (non Irish) National to obtain an Irish passport so the Non-EU spouse can get a passport in 3 years?

Does the 5 year Statutory residency requirement, subject to the provisions contained in Section 16 of the Irish Nationality and Citizenship Act , 1956 apply to EU nationals with a non-EU national who has a EUFAM4 stamp?

dalebutt
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Re: EUFAM4 Stamp and citizenship

Post by dalebutt » Mon Jan 27, 2014 7:39 pm

All other group except for spouses of Irish citizens as confirmed by chao will be eligible only on completion of 5 years legal residence in Ireland, although you do not need to apply and receive PR before applying, but most people has found that it is usually easier if one apply for PR and citizenship at the same time or received PR first before applying to avoid being without legal residence.

Ambotnimo
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Re: EUFAM4 Stamp and citizenship

Post by Ambotnimo » Mon Jan 27, 2014 8:03 pm

Thanks guys!
Would it be possible for a EU (non Irish) National to obtain an Irish passport so the Non-EU spouse can get a passport in 3 years?

squa
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Re: EUFAM4 Stamp and citizenship

Post by squa » Mon Jan 27, 2014 10:28 pm

Only Spouses of Irish nationals can obtain citizenship in 3 years... EU nationals and others its 5 years. If you as an EU national have been living in Ireland for 5 years and your wife say 1 or 2 years, you are better off applying for Irish citizenship so that when you become an Irish citizen, your wife can and would qualify to apply for citizenship as the spouse of an Irish citizen once she reaches 3 years residency. She does not have to spend 3 years as Spouse of an Irish citizen, she only has to be legally reasident on any status apart from student status and if she already had been here 3 years... then the moment you are an Irish citizen she can apply as the spouse of an Irish citizen.

chaoclive
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Ireland

Re: EUFAM4 Stamp and citizenship

Post by chaoclive » Tue Jan 28, 2014 5:06 am

squa is correct. Other EU citizens still need 5 years to become an Irish citizen (or at least to get PR).

How long have you been exercising treaty rights in Ireland? If you provide this, someone can provide more information on when you and your spouse might be able to apply as the spouse of an Irish citizen (this also works for naturalized Irish citizens).

Here are links to the regulations:
http://www.citizensinformation.ie/en/mo ... riage.html
http://www.inis.gov.ie/en/INIS/Pages/WP11000014

Ambotnimo
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Re: EUFAM4 Stamp and citizenship

Post by Ambotnimo » Tue Jan 28, 2014 9:56 am

Ok, thanks, thought I found a 'shortcut' haha, I saw somewhere on the internet that getting a passport takes 26 months (!), would that be correct? to my experience so far in Ireland is quite more efficient than that.

Thanks for the links ill look into that.

Ambotnimo
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Re: EUFAM4 Stamp and citizenship

Post by Ambotnimo » Tue Jan 28, 2014 9:58 am

I haven't been in Ireland long enough to be naturalized an Irish Citizen, unfortunately.. Would make things faster.

chaoclive
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Ireland

Re: EUFAM4 Stamp and citizenship

Post by chaoclive » Tue Jan 28, 2014 1:33 pm

There are people who have been waiting nearly 3 years for their citizenship applications to be processed. Don't bank on it being quick! Unfortunately, you just have to wait ;(

squa
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Re: EUFAM4 Stamp and citizenship

Post by squa » Mon Feb 03, 2014 11:17 am

The citizenship processing times are getting shorter and shorter. I know of....and have seen several posts here of late where people have had their applications processed in 3 months. Most people though it's taking the promised 6 months. The wait for ceremony date is usually 2 to 3 months...if you're lucky a month. Passport application processing takes around 10 days. So really these days you're looking looking at a total processing time 5 to 9 months to get Irish passport.

Danny800
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Re: EUFAM4 Stamp and citizenship

Post by Danny800 » Fri Jan 09, 2015 11:08 pm

Just curious about this topic. It says the section 16 waiver also applies to people with irish association, does that mean that if I have an Irish child I can apply after 3 years of reckonable residency?
Thanks in advance.

brunocavalcanti
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Re: EUFAM4 Stamp and citizenship

Post by brunocavalcanti » Sat Jan 17, 2015 2:12 pm

Hi guys, so as far as I understood (actually I knew that before) a spouse of an Irish citizen can get the Irish passport in 3 years. I am a NON EU in a civil partnership with a Spanish national. He's been living here for, at least, 3 years. So if he waits more 2 years he can apply for the Irish passport. I've just applied for the Stamp 4, so if he gets the passport in 2 years I'd only have to wait 1 more year and could apply as a spouse of Irish Citizen / Section 16 waiver application: 3 years?
By that I mean, I thought that when he gets the Irish passport I still would have to wait for more 3 years.

jeupsy
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Re: EUFAM4 Stamp and citizenship

Post by jeupsy » Sat Jan 17, 2015 9:45 pm

You are correct, if you already meet the 3 years residency requirements when he gets Irish citizenship, you will not need to wait for another 3 years and can apply immediately.

brunocavalcanti
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Re: EUFAM4 Stamp and citizenship

Post by brunocavalcanti » Sun Jan 18, 2015 11:14 pm

jeupsy wrote:You are correct, if you already meet the 3 years residency requirements when he gets Irish citizenship, you will not need to wait for another 3 years and can apply immediately.
That's perfect, Jeupsy!

He first came to Ireland in 2011 as a student to study in Trinity, and only in 2012, probably April or May, he started working and by the end of 2012 he went back to Spain, and returned to Ireland in June 2013. Since then he's been working here and exercising his EU Treaty Rights.
I know that for Non-EU, student visa (Stamp 2) does not count as residency, I wonder if student visa for EU count and when he would be able to apply to become an Irish citizen.

Thanks!! :wink:

jeupsy
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Re: EUFAM4 Stamp and citizenship

Post by jeupsy » Mon Jan 19, 2015 11:24 am

No worries.

It might be worth double checking with a solicitor or other sources, but as far as I understand the time he spent studying can be taken into account.

http://www.inis.gov.ie/en/INIS/Pages/WP11000025

"EEA nationals.
All of the time that an EEA citizen has resided in the State is reckonable for naturalisation purpose"

brunocavalcanti
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Re: EUFAM4 Stamp and citizenship

Post by brunocavalcanti » Mon Jan 19, 2015 12:27 pm

That was what we found on Inis website. So If he first came in 2011 he would be eligible to apply in 2016?

jeupsy
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Re: EUFAM4 Stamp and citizenship

Post by jeupsy » Mon Jan 19, 2015 12:42 pm

Yes it should be at some point in 2016 (depending on the time of the year he arrived in 2011 and for how long he was away in 2012/2013).

brunocavalcanti
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Re: EUFAM4 Stamp and citizenship

Post by brunocavalcanti » Mon Jan 19, 2015 12:48 pm

jeupsy wrote:Yes it should be at some point in 2016 (depending on the time of the year he arrived in 2011 and for how long he was away in 2012/2013).
Yeah, perfect!! Thank you for that Jeupsy!!! Really happy with your help :) :wink:

jeupsy
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Re: EUFAM4 Stamp and citizenship

Post by jeupsy » Mon Jan 19, 2015 3:59 pm

brunocavalcanti wrote:
jeupsy wrote:Yes it should be at some point in 2016 (depending on the time of the year he arrived in 2011 and for how long he was away in 2012/2013).
Yeah, perfect!! Thank you for that Jeupsy!!! Really happy with your help :) :wink:
No worries, all the best to you!

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