Non-EEA national joining EU Spouse - help!

Hi everyone,

I'm a British National and my wife is American. We met and got married while working in Russia so we are in quite an unusual situation. I am planning to move to Ireland for work under the EU Directive and I'd like my wife to join me.

The normal process, I guess, is for a Non-EEA national to apply for a Short Stay Category C visa for the first 3 months before applying for the EU1 'Spouse of EU National Residence Card'. However, as an American citizen, she is usually permitted to visit Ireland as a tourist without a visa. So my first query is:

1. As an American, does my wife still need to apply for the C visa in order to then apply for the Residence card?

The next issue we have is that as we got married in Russia, our marriage certificate is in Russian. We can provide a translation legalised and notarised at the Russian Consulate in London, but:

2. Will we need an Apostille on our marriage certificate?

The final question is regarding the EU Treaty Rights. The EU national (me) needs to show that I'm exercising my rights by working, or by having enough money to support myself (and presumably my wife) without recourse to public funds.

3. Does anyone know how much is money is "enough" in order to support yourself under the directive? I can't find this information anywhere.

Thanks very much in advance for any replies. We really need help with this!

Hi,

I am not a pro like a lot of other here but I am currently in the middle of the process of applying for a Residence Card for my non-EU husband (I am German) here in Ireland.

As my husband is a citizen of an African country I can unfortunately not help you with your first question.

With regards to your second question: Will we need an Apostille on our marriage certificate?

Have a quick look here:

inis.gov.ie/en/INIS/Pages/Short%20Stay%20Visit%20%28Family%20or%20Tourist%29#Accompany_/_join_EU_citizen_under_Directive_2004/38/EC_on_the_right_of_citizens_of_the_Union_and_their_family_members_to_move_to_and_reside_freely_within_the_territory_of_the_Member_States

There it states:
"Spouse/Civil Partner of EU citizen or Child (under 21 years of age) of EU citizen / spouse/civil partner" under the point "Documentary evidence requested to support your application":

- Marriage certificate/ civil partnership certificate – evidence (apostilled document) that marriage / civil partnership has been registered in applicant’s country of origin/residence

This looks to me as if you need an Apostille. We did have an Apostille issued in South Africa on our marriage certificate.

If there is no way of getting an Apostille from the Russian embassy and you cannot travel or apply for the Apostille in Russia - why not trying to register your marriage in your home country instead (if they can do without the Apostille). I had a look at that as well. Im my case German authorities would issue a German marriage certificate if I would register my marriage there.

As I already got a job as we moved here I can not tell you how much money they want to see on your account. I think the supporting yourself option when applying for a Visa is always the most risky one. I would definitely to apply for jobs as soon as possible which would make the visa application for your wife much more easier.

I hope I could at least help you a little bit and wish you and your wife all the best with your application.

If your wife wants to enter as a tourist she definitely can and it would be held against her when applying for a residence card under EU treaty rights. Just make sure she is comfortable with what to say if the border control officer asks her why she is entering ireland.

Regarding your last question, there is not clear guideline of what being self-sufficient means, but unless you are very wealthy I wouldn't count on this provision to get her the residence card. In my opinion having a job (even a part time poorly paid one) would definitely be safer than showing 100k euros on a bank account.

Hi,
First re: funds....there have been many theories, the going one is about 1500/month although recently someone suggested the amount equivalent to what a person would receive either on dole or pension (600/month) should work. Proof of health insurance (as American) would be good as well.

You did not say how long you have been married. This may or may not factor, but the Airport passport control sometimes asks all kinds of question. The longer, the better. I am guessing that your wife is using an American passort, so she can stay w/o visa for 90 days (and longer if funds are present). She would get a stamp 3 as spouse, which can give her permission to stay, but not to work. Stamp 4 is the what you really want. I don't know anything about EU treaty, as I have been here on work permit (and now a citizen). Good luck....go rural for immigration officers, they are much easier going!

Thanks for your replies.

Can anyone recommend a good Immigration Lawyer in Dublin who I could contact?

Thanks

**Please do not advertise solicitors** have people specialised in immigration laws and members here have been happy enough with them.