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Wife Canadian born German citizen/ I am US citizen..

Forum to discuss all things Blarney | Ireland immigration

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yousrname
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Wife Canadian born German citizen/ I am US citizen..

Post by yousrname » Sun Feb 14, 2010 10:14 pm

Hello.. I have a slightly more complicated situation that the norm. I am from the United States and my wife is Canadian, but she has dual German (German passport and the whole 9). We were thinking about moving to Ireland relatively soon and were wondering how to approach that from a legal standpoint? Is that something that is relatively easy? Any advice would be greatly appreciated.

Thanks

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Post by Pakhtoon » Sun Feb 14, 2010 10:57 pm

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walrusgumble
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Re: Wife Canadian born German citizen/ I am US citizen..

Post by walrusgumble » Mon Feb 15, 2010 9:45 am

yousrname wrote:Hello.. I have a slightly more complicated situation that the norm. I am from the United States and my wife is Canadian, but she has dual German (German passport and the whole 9). We were thinking about moving to Ireland relatively soon and were wondering how to approach that from a legal standpoint? Is that something that is relatively easy? Any advice would be greatly appreciated.

Thanks

THere does not seem to be any complications here, so long as she is a holder of a valid German passport


As a European Citizen, your wife is entitled under the EU Treaty to vist, work, and resided in Ireland. The legislative rules are contained in EC Directive 2004 / 38 EC and the Irish version in EC REgulations (Freemovement of Persons) Regulations 2006-2008. As a European Citizen, so long as she complied with the directive whilst in Ireland she can have her family with her

As you are America, I don't think you need a visa to enter Ireland, confirm with the Irish EMbassy, Dept of Foregin Affairs website and email INIS (www.inis.gov.ie) Contact at least two, as our glorious groups have a tendancy to say one thing and the other group will say another.

Make sure your wife enters on her German Passport. Bring your marriage cert (in case) and other proof of marriage (simply as precaution). Make it crystal clear that ye are entering on basis of Eu Freemovement.

If you and your wife stay for more than three months, both of ye are obliged to register or inform the department.

In order for you wife to be excercising her EU rights and thus allow you to stay (and entitled to work etc) she must be either one of the following
(1) worker (full time or part time - so long as job is of economic value)
(2) self employed
(3) Student with evidence of social insurance/ medical insurance
(4) if she don't intend to work, a be a "person of leisure", she can reside on basis of being full finanically covered (both yourself and herself)

so long as she is not an unreasonable burden to the State and is looking for work, it would be very very hard to remove her. One the other hand, she needs to be excercing her EU rights in order to ensure your ok. Before three months, you will have to make an application for residence. (so make sure you bring all documents of proof of marriage, living together, former employment etc - to save hassle and ensure application is granted)

With regard to feasibility and potential of work, unless both of ye have a job waiting or intend to set up a business or super multi corporation (check out our lovely corporation tax compliments of the EU), there is slim and feck all chance of getting decent work. The country is bust don't you know. Also it's not a cheap country to live in (I am Irish btw) so try and avoid Dublin (like any major city in a country, its dear)

So if you have some money and willing to be searching for ages for decent employment, then yes it should be relatively easy to reside in Ireland on basis of your wife and that she is excercing her EU rights.

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Re: Wife Canadian born German citizen/ I am US citizen..

Post by Ben » Mon Feb 15, 2010 10:04 am

Welcome to Ireland, yousrname!

walrusgumble has given you some excellent advice.

To further clarify and to satisfy my pedantism..
walrusgumble wrote:As you are America, I don't think you need a visa to enter Ireland
Correct. US citizens do not need a visa to enter Ireland.
walrusgumble wrote:If you and your wife stay for more than three months, both of ye are obliged to register or inform the department.
EEA nationals are not required to register their presence in Ireland. Their non-EEA family members are, however.
walrusgumble wrote:In order for you wife to be excercising her EU rights and thus allow you to stay (and entitled to work etc) she must be either one of the following
(1) worker (full time or part time - so long as job is of economic value)
(2) self employed
(3) Student with evidence of social insurance/ medical insurance
(4) if she don't intend to work, a be a "person of leisure", she can reside on basis of being full finanically covered (both yourself and herself)
Yes, but not for the initial three months after entry. Only after these three months must the EEA national be either (1), (2), (3) or (4) above.
walrusgumble wrote:Before three months, you will have to make an application for residence. (so make sure you bring all documents of proof of marriage, living together, former employment etc - to save hassle and ensure application is granted)
No! The right to reside is derived from the relationship with the EEA national who is resident in Ireland in accordance with the provisions of the Directive. No "application for residence" can be made by a person who already holds the right of residence. What should be applied for however, is a "Residence card of a family member of a Union citizen". This Residence Card acts only as confirmation of rights which already exist. The Residence Card can be obtained by completing and submitting form EU1.
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Re: Wife Canadian born German citizen/ I am US citizen..

Post by walrusgumble » Mon Feb 15, 2010 12:42 pm

benifa wrote:Welcome to Ireland, yousrname!

walrusgumble has given you some excellent advice.

To further clarify and to satisfy my pedantism..
walrusgumble wrote:As you are America, I don't think you need a visa to enter Ireland
Correct. US citizens do not need a visa to enter Ireland.
walrusgumble wrote:If you and your wife stay for more than three months, both of ye are obliged to register or inform the department.
EEA nationals are not required to register their presence in Ireland. Their non-EEA family members are, however.
walrusgumble wrote:In order for you wife to be excercising her EU rights and thus allow you to stay (and entitled to work etc) she must be either one of the following
(1) worker (full time or part time - so long as job is of economic value)
(2) self employed
(3) Student with evidence of social insurance/ medical insurance
(4) if she don't intend to work, a be a "person of leisure", she can reside on basis of being full finanically covered (both yourself and herself)
Yes, but not for the initial three months after entry. Only after these three months must the EEA national be either (1), (2), (3) or (4) above.
walrusgumble wrote:Before three months, you will have to make an application for residence. (so make sure you bring all documents of proof of marriage, living together, former employment etc - to save hassle and ensure application is granted)
No! The right to reside is derived from the relationship with the EEA national who is resident in Ireland in accordance with the provisions of the Directive. No "application for residence" can be made by a person who already holds the right of residence. What should be applied for however, is a "Residence card of a family member of a Union citizen". This Residence Card acts only as confirmation of rights which already exist. The Residence Card can be obtained by completing and submitting form EU1.
yes sorry op, benfica is fully correct, bad choice of words and phrases there on my part, particularily the final paragraph. Yes the application is not you saying please mr mister can I stay, it is look, my spouse in an EU citizen. She/he is excercising her rights to reside here, and as she is, I am allowed in. (obviously not like that). This right has existed LONG BEFORE Directive 2004, and has been and always will be a fundamental right that we EU citizens enjoy. Thus why the card is simply called a "residence card"

as for the three months, yes, again benfica correctly clarified this. the conditions only kick in after the three months. My sentence was referring to this, though it was not made clear, sorry. She is free to come in and do what she wants (legal of course dear boy lol) during the first three months.

In conclusion, all ye seem to need to be concerned about is
(a) finding decent and affordable accommodation
(b) Be ready to experience high prices on drink, sweets and all things nice
(c) Enjoy our vastly superior candy/chocolate - lol
(d) hopefully snag some form of employment (well your wife at least.and so long as she can look after you, all will be fine)
(e) Bask in the delight of living in a land of pure contradiction (eg our "love" for the English Government/history/culture) - only kidding

So welcome to Ireland

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Post by Ben » Mon Feb 15, 2010 12:45 pm

Thanks walrusgumble, sorry if I came across pedantic. I'm a stickler for that.
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Post by walrusgumble » Mon Feb 15, 2010 12:49 pm

benifa wrote:Thanks walrusgumble, sorry if I came across pedantic. I'm a stickler for that.
don't worry, clear instructions and advise is needed here because don't expect our glorious establishment to do it. My orginal statements are vastly different to what i intended to say

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Thanks =)

Post by yousrname » Wed Feb 17, 2010 1:29 am

Hello.. I very much appreciate the info all of you provided. Very kind of you. Waterford is actually where my family originated from and I've always thought it would be nice to bring things full circle, even just temporarily.

Another quick question: Do any of you happen to know if there is a mandatory quarantine for pets coming over from the States?

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Post by Lost Soul » Wed Feb 17, 2010 8:12 am

Hello

I'm afraid there is a six month mandatory quarantine for all pets entering Ireland other than from the UK.

It can only be served in Lissenhall, north of Dublin, and is very expensive.

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Post by Ben » Wed Feb 17, 2010 9:33 am

I brought a pair of dwarf hamsters over from Singapore once, hidden in pockets in my combat pants. They went Singapore-Bangkok-Frankfurt-Dublin-Waterford (last leg by train).

They lived three years. So I guess it depends what animals you're intending to bring over?

:lol:
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Post by Lost Soul » Mon Feb 22, 2010 10:16 am

I thought the forum was to give people advice not to tell them how to break the law?

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Post by Ben » Mon Feb 22, 2010 10:43 am

Lost Soul wrote:I thought the forum was to give people advice not to tell them how to break the law?
Indeed. I wrote that post entirely in jest.
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