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Information on getting a Visa for my Non EU spouse

Forum to discuss all things Blarney | Ireland immigration

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ciaramc
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Information on getting a Visa for my Non EU spouse

Post by ciaramc » Mon Jan 15, 2007 12:10 pm

Hey I was just wondering could anybody give me information on getting a visa for my non-EU spouse ??? I have not lived in Ireland for a couple of years but plan on going back soon???

scrudu
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Post by scrudu » Mon Jan 15, 2007 1:50 pm

Ciaramc, important details are your citizenship and your husbands as well as the country you are both currently resident in. There are a lot of posts on this subject and the difficulties you will face on coming back to Ireland. If you are Irish, you have no "right" to be joined by your spouse so will have to fight to get him here. If you are from another European country, you have a right to be joined by your spouse, but this is not an easy or quick process. Check other posts in this forum for more details. You can read any posts by me for details of an Irish citizen trying to come to Ireland with her fiance, and then later trying to bring him in as my husband. There are numerous posts by other European migrants who are facing similar problems getting their non-EU spouse legalised here.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Mon Jan 15, 2007 7:38 pm

Details would be very helpful. Where do you live? What are your citizenships?

ciaramc
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Post by ciaramc » Tue Jan 16, 2007 11:03 am

I'm an Irish citizen but I do have residency in another EU country as I'm there for work. I want to go home to Ireland, and I want to have my husband join me. We have been together for 5 years but we have always had trouble getting are documents sorted as neither of us are natives of the country that we are residing in.

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Post by JAJ » Tue Jan 16, 2007 11:07 am

ciaramc wrote:I'm an Irish citizen but I do have residency in another EU country as I'm there for work. I want to go home to Ireland, and I want to have my husband join me. We have been together for 5 years but we have always had trouble getting are documents sorted as neither of us are natives of the country that we are residing in.
What's the "other" EU country and have you thought about the option of naturalisation as a citizen of that country?

ciaramc
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Post by ciaramc » Tue Jan 16, 2007 11:11 am

I live in Italy and to wait here for all of it to go through would take years believe me we have tried
Italy are in the process of changing there immigration laws and there is such a back log, I know of people that have been waiting years.
I want to return to Ireland..... so I think it would be easier for me to deal with everything there rather than here. But as I can see it is also quite difficult in Ireland, I knew it would be.

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Post by scrudu » Tue Jan 16, 2007 11:15 am

Well you are in the lucky situation of now being able to "exercise your EU Treaty rights". Which means basically you will be like any other EU citizen moving to Ireland with their spouse for the purposes of work.

This situation is not ideal as many EU citizens will tell you, but as an Irish citizen who couldnt exercise Treaty rights, and was treated under Irish laws, it is a hell of a lot harder to get your spouse residency in Ireland.

You will have to apply under the form EU1 which will allow your spouse residency rights in Ireland as the spouse of an EU citizen excercising their right to move freely though the EU for purposes of work.

Applications are currently taking 6 months to process. I'm not sure if you can apply for this Residency before entering the State. Most other applicants have entered the State on visitors visas, and then applied for Residency.

You did not state where your spouse is originally from. He may require a visa to enter the state also.

Read the following documentation:
http://www.justice.ie/80256E010039E882/ ... of2006.pdf
http://www.justice.ie/80256E01003A21A5/ ... Q6PEK7V-en
and fill out the following form
http://www.justice.ie/80256E01003A21A5/ ... ormEU1.pdf

ciaramc
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Post by ciaramc » Tue Jan 16, 2007 1:06 pm

So because I have had residence in Italy when I move back to Ireland it will be like I m appying to move home for work purposes? My husband is from Morocco so it is quite difficult for him to get a visa to go anywhere.... So I was told that if I move home to Ireland and get a job that I could apply for a visa for him, but we are going to be applying from Morocco so does that make a difference?

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Post by Directive/2004/38/EC » Tue Jan 16, 2007 6:57 pm

ciaramc

What is the nature of your relationship?
In which country were you married and when?
Have you lived together, and if you where and for how long?
How often do you see each other?
Are you planning to live together in Morocco?
Have you already tried to bring him to Italy, and if so on what basis and what was the outcome?

Mike

ciaramc
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Post by ciaramc » Wed Jan 17, 2007 7:37 am

To answer your questions;

Yes we live together, we have known each other 6 years we met in Italy, we live together now we got married here .... we see one another everyday. Italy is changing its immigration laws now so we have been married for almost a year and my husband has still not got his new documents which technically means he has no rights here, but he can remain as he is my husband. The problem is that everything is so difficult here and also the language barrier is a big one even though I speak Italian trying to go to immigration offices is a nightmare!!!

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Post by scrudu » Wed Jan 17, 2007 11:30 am

Ciaramc: to answer your question: yes because you have lived for a number of years in another EU country for work WITH your husband and are now returning to Ireland, you will be in the category of "exercising your EU treaty rights". This means you will not be considered under Irish law, rather under European Law instead. In particular the EU Council Directive/2004/38/EC which allows freedom of movement within the EU borders for citizens of EU countries and their families.

As he is from Morocco, your husband will have to apply for a visa to enter Ireland (irregardless of residency application).

His visa and residency in Ireland will be on the basis of his marriage to you. After 5 years residency in Ireland he can apply for long-term residency in Ireland, and also for citizenship should he wish. The good thing about this route is you have an entitlement under EU law to be joined by your husband, whereas under Irish law, there is no such entitlement!

The other route you could take is to go via Irish law, and apply for him to enter the country on a D (Spouse of Irish Citizen) visa from outside of Ireland. This takes approx 2-3 months to process and if granted, on arrival in Ireland and presenting himself to the GNIB, he will be issued with a "Stamp 4" and GNIB Card which entitles him to work for any employer, and a stay of up to 5 years (depending on the validity of his passport). While you are both in Morocco you could apply from there for a visa for him to join you when you go to Ireland. Note, that any visas are granted at the discretion of the Dept of Justice, so there is a risk of refusal. The more info you include to "prove the validity of your marriage" the better! They are really trying to clamp down on "marriages of convenience" so you need to prove your case. They provide a list of documents they require, but personally I added in WAY more (as outlined on the UK immigration site) to prove my marriage. Another thing they are "worried about" is immigrants relying on State funding, so you should include any bank statements or job recommendations to show that you are "financially viable"!

Best of luck!

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Post by Directive/2004/38/EC » Wed Jan 17, 2007 7:14 pm

First off, thanks for the additional details. It makes it a lot easier to answer your question.

The Irish are pretty much required to accept an EU law (Directive/2004/38/EC) based application, so long as the marriage is real and you have been exercising your treaty rights in Italy (working counts as "treaty rights"). They are required to handle it on the basis of an accelerated process.

I am not sure what the benefits are of an Irish law based application. Maybe (or maybe not) it is a shorter road to Irish citizenship if he is interested. Does it make any difference for a citizenship application if you are on an EU Residence Card or an Irish spouse visa?

I may be wrong, but I would not suggest applying from Morocco. You both live in Italy and that is the place you should (and maybe even "must") apply from. Applying from Morocco would open up the possible interpretation that you are living there and so (bad for the EU application) no longer exercising treaty rights.

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Post by JAJ » Sat Jan 20, 2007 2:33 pm

Directive/2004/38/EC wrote: I am not sure what the benefits are of an Irish law based application. Maybe (or maybe not) it is a shorter road to Irish citizenship if he is interested. Does it make any difference for a citizenship application if you are on an EU Residence Card or an Irish spouse visa?
At the moment - no. There is no requirement to be a "permanent resident" in order to apply for naturalisation. All that is needed is 5 years legal residence, other than some excluded statuses (eg student visa, asylum seeker).

This may of course change in future.

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Post by scrudu » Mon Jan 22, 2007 11:22 am

To get citizenship as the spouse of an Irish citizen, you have to reside for 3 years in Ireland. I cant imagine it makes a difference which visa you were resident in Ireland for that period (EU1 or D Spouse Visa).

You need to reside for 5 years if you are applying for citizenship on the basis of residency in Ireland (i.e. no irish spouse).

One thing I was told though, was that there is no such thing as "Long Term residency" for spouses of Irish citizens, unlike other immigrants.

One benefit of the Irish law based application, is that your husband will probably be issued with a 5 year visa. It seems that they are only issuing 12 month visas to those applying via the EU1 form at the moment. Apparently it wont be an issue to extend these? But it does cause that bit more hassle!

Also, there are no fees on visa applications for spouses of Irish citizens for the D-Spouse visa. I dont know if this extends to EU1 applications so cost could be a factor.

It is currently taking 6 months for EU1 applications, whereas it takes 8-12 weeks for D-Spouse visa applications.

I dont know of any other differences between how the actual visa's issued differ, or if a D-Spouse visa grants more rights than an EU1 !

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Post by Directive/2004/38/EC » Mon Jan 22, 2007 9:38 pm

Is EU1 just for entry into Ireland? A EU law residence card is supposed to be valid for at least 5 years and can be applied for after 3 months living in an EU country.

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Post by scrudu » Tue Jan 23, 2007 9:57 am

The EU1 form is available in all EU countries, but it is only valid for the country it is issued from. This should warrant the issue of a 5 year residence card, but currently the Irish Immigration are only issuing 1 year permits. Other posts show that many people are complaining about this to get it extended.

I dont know what an EU law residence card is?!

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Post by Directive/2004/38/EC » Wed Jan 24, 2007 6:46 am

Ok, I see. Form EU1 is the Irish government's form for applying for a Residence Card. (Other countries in Europe use different forms, though the content is similar).

The legal basis of the Residence Card comes from EU law, and so there are Residence Cards in each of the EU countries. That is all I meant by writing the awkwardly worded phrase "EU law residence card".

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Post by scrudu » Wed Jan 24, 2007 11:49 am

As far as I am aware the EU1, EU2 and EU3 forms are used in all countries. They are used in UK and Ireland anyway, and I have seen similar forms on the DE website. I think the form was generated by the EU and localised by each country.

But yes, it is all based on the same EU law (Directive/2004/38/EC) and its transposition into local law.

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Post by Directive/2004/38/EC » Wed Jan 24, 2007 10:03 pm

scrudu wrote:As far as I am aware the EU1, EU2 and EU3 forms are used in all countries. They are used in UK and Ireland anyway, and I have seen similar forms on the DE website. I think the form was generated by the EU and localised by each country.
Interesting. I have the sense that they are each generated locally, based on the requirements of the Directive. The UK form for a residence card is form EEA2 http://uk.sitestat.com/homeoffice/ind/s ... s_type=pdf.

Where did you see the German form?

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