Irish citizen to use EEA route

Hi all,

Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.

My husband is a non EU citizen and we both currently live outside the EU. However, I have decided that I want to move back to Ireland for a while. Now looking at our options we seem to have chosen Malta. I am not sure how successful the UK would be because it seems pretty easy to get a schengen visa to Malta for my husband. I want to make this as less stressful as possible as I am sure a lot of you know the application for visas can be.

Anyway of course INIS are as usual anything but helpful. I have emailed them a couple of times trying to ask questions and they just refer me to links probably because they do not want me to know my rights. In the UK I have read they have that centre of life thing. Now when I asked INIS what exactly do I need they just told me that my husband needs an EU residence card in order to fall under the directive. They did not answer my question about the time period we need to live abroad. Is 3 months enough? I am worried that they will say it is not enough even though they said the time is not important as long as he has a residence card. The Europe Advice centre on the other hand has said at least 3 months must be spent living in the other EU country.

Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!

charmender wrote:Hi all,

Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.

My husband is a non EU citizen and we both currently live outside the EU. However, I have decided that I want to move back to Ireland for a while. Now looking at our options we seem to have chosen Malta. I am not sure how successful the UK would be because it seems pretty easy to get a schengen visa to Malta for my husband. I want to make this as less stressful as possible as I am sure a lot of you know the application for visas can be.

Anyway of course INIS are as usual anything but helpful. I have emailed them a couple of times trying to ask questions and they just refer me to links probably because they do not want me to know my rights. In the UK I have read they have that centre of life thing. Now when I asked INIS what exactly do I need they just told me that my husband needs an EU residence card in order to fall under the directive. They did not answer my question about the time period we need to live abroad. Is 3 months enough? I am worried that they will say it is not enough even though they said the time is not important as long as he has a residence card. The Europe Advice centre on the other hand has said at least 3 months must be spent living in the other EU country.

Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!

This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):
http://britcits.blogspot.co.uk/p/library.html

Your rights will be based EU rights as on your return to Eire you will be an 'EEA national'.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

The Department of Justice said your husband need Residence Card, but such requirement is unlawful.

Neither Surinder Singh nor Eind or the case of OB C-456/12, requires this.

All that is required is that treaty right must have been exercised.

noajthan wrote:
This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):
http://britcits.blogspot.co.uk/p/library.html

Your rights will be based EU rights as on your return to Eire you will be an 'EEA national'.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Thanks but I have looked at that website and its from the perspectives of British citizens whereas I am trying to get the perspective of any Irish person who has taken this route. It just seems like Irish people don't really know about this route?

Obie wrote:The Department of Justice said your husband need Residence Card, but such requirement is unlawful.

Neither Surinder Singh nor Eind or the case of OB C-456/12, requires this.

All that is required is that treaty right must have been exercised.

I am not quite sure about that because even the Europe Advice centre told me that my husband will need a residence card and most of things I read online seem to confirm this

charmender wrote:

noajthan wrote:
This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):
http://britcits.blogspot.co.uk/p/library.html

Your rights will be based EU rights as on your return to Eire you will be an 'EEA national'.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

Thanks but I have looked at that website and its from the perspectives of British citizens whereas I am trying to get the perspective of any Irish person who has taken this route. It just seems like Irish people don't really know about this route?

Forget the British connection, this is all about EU rights. The same principles apply across the board - that is the point of it.

if you can't make sense of the first link then read the second - it is for all EEA nationals including Irish people.

charmender wrote:

Obie wrote:The Department of Justice said your husband need Residence Card, but such requirement is unlawful.

Neither Surinder Singh nor Eind or the case of OB C-456/12, requires this.

All that is required is that treaty right must have been exercised.

I am not quite sure about that because even the Europe Advice centre told me that my husband will need a residence card and most of things I read online seem to confirm this

It appears you have been grossly misinformed by the Europe Advice centre or else you have misunderstood them.

A RC is strictly a confirmatory document - it grants no rights & is optional.

charmender wrote:Hi all,

Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.

My husband is a non EU citizen and we both currently live outside the EU. However, I have decided that I want to move back to Ireland for a while. Now looking at our options we seem to have chosen Malta. I am not sure how successful the UK would be because it seems pretty easy to get a schengen visa to Malta for my husband. I want to make this as less stressful as possible as I am sure a lot of you know the application for visas can be.

Anyway of course INIS are as usual anything but helpful. I have emailed them a couple of times trying to ask questions and they just refer me to links probably because they do not want me to know my rights. In the UK I have read they have that centre of life thing. Now when I asked INIS what exactly do I need they just told me that my husband needs an EU residence card in order to fall under the directive. They did not answer my question about the time period we need to live abroad. Is 3 months enough? I am worried that they will say it is not enough even though they said the time is not important as long as he has a residence card. The Europe Advice centre on the other hand has said at least 3 months must be spent living in the other EU country.

Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!

Do you have to live in the Republic (ROI) straightaway? What about moving to Northern Ireland (NI) for a while and then move back to ROI as an EEA citizen who has exercised rights in another EU member state? You'd be living in the UK and could get an EEA family permit. You would also just be a drive away from family in ROI.

I was born in NI but renounced my British citizenship (therefore, becoming an Irish citizen only like you) and we then applied for an EEA family permit from the British Embassy in Beijing for my civil partner. We got it quite quickly (can't remember exactly how long) and entered the UK really easily in August 2014. I have been working away and my civil partner got his EEA residence card which is valid for 5 years. He will be able to apply for Irish citizenship after having lived on the Island of Ireland for 3 years as the spouse/civil partner of an Irish citizen.

Just food for thought...

charmender wrote:Hi all,

Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.
...
Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!

Hi charmender,

I am in a similar situation: Irish with a non-EU relative (dependent father) aiming to eventually move to Ireland.
Similarly, I have trouble navigating a very UK-centred approach to Surrinder Singh and thinking about Malta too being cognizant of the unique challenges that the Home Office presents.
Would be excited to hear about your experience so far.
I am only at the planning stages (in my father's native country while he is undergoing surgery now)
Best of luck

travelling-show wrote:
Hi charmender,

I am in a similar situation: Irish with a non-EU relative (dependent father) aiming to eventually move to Ireland.
Similarly, I have trouble navigating a very UK-centred approach to Surrinder Singh and thinking about Malta too being cognizant of the unique challenges that the Home Office presents.
Would be excited to hear about your experience so far.
I am only at the planning stages (in my father's native country while he is undergoing surgery now)
Best of luck

I'd love to help you but I am just in the planning stages myself. I don't plan on moving until the summer. Will keep you updated as anything progresses though.

noajthan wrote: It appears you have been grossly misinformed by the Europe Advice centre or else you have misunderstood them.

A RC is strictly a confirmatory document - it grants no rights & is optional.

Yes I suppose I have been which is why I'd like more clarity. What exactly do you present at the border control when taking this route. I mean surely you have to show some evidence that you lived in an EU country? Like how do I show I exercised my EU rights?

charmender wrote:Yes I suppose I have been which is why I'd like more clarity. What exactly do you present at the border control when taking this route. I mean surely you have to show some evidence that you lived in an EU country? Like how do I show I exercised my EU rights?

Are you asking what evidence to show at Irish border to re-enter Ireland?

You should be able to present proof of identity, proof of relationship, proof of having exercised treaty rights in some other EU country (plus, possibly, a copy of the EU directive).

Clearly its simplified if one does have official documentation, RCs & etc from the previous member state country. That may help reduce the sheaf of documents needed to be carried to prove factors such as the period of foreign residence, proof of economic activity in the other member state & etc.

Thanks for your reply.

I suppose it is better just to have all documentation on hand and be ready for their questions.

Another thing I am curious about is what do you actually say at the border. I mean obviously we would plan to stay in Ireland for a while so do you tell the border guard this or do you save your reasons for when you apply at INIS for the residence card?

charmender wrote:Thanks for your reply.

I suppose it is better just to have all documentation on hand and be ready for their questions.

Another thing I am curious about is what do you actually say at the border. I mean obviously we would plan to stay in Ireland for a while so do you tell the border guard this or do you save your reasons for when you apply at INIS for the residence card?

If you search in the forum you will find other members who have reported on their border chit chat with guards & IOs.
Your mileage may vary ofcourse.

Anyway you've got to get through your sojourn in Malta before worrying about all that.

Hello Fellowmembers,

I must say this is a good thread to start for people who are Irish citizens and would like to relocate to other EU countries to exercise there EU rights.

There was time in this Ireland's forum only Irish applications & INIS matters were discussed but I have noticed from past couple of years it's been completely hijacked to discuss EU treaty rights , Surrinder singh route & etc.

I would be interested in knowing as well did any Natruralized Irish citizen moved to a different EU country and were they any successful in getting there family members especially dependent parents.

Please dont tell me to move NI or UK, lets thing out of the box as there are different EU countries out there to relocate too and if someone can share there experiences.

Best Regards,