ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Non-EU PR, can I bring my wife here?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, archigabe, Administrator

Locked
Lee24
Newly Registered
Posts: 10
Joined: Tue Oct 14, 2014 10:01 am

Non-EU PR, can I bring my wife here?

Post by Lee24 » Tue Oct 14, 2014 10:10 am

Hello!

I am a Malaysian citizen. I have been resident in Ireland for 6 years as a non-EU national family member of an EU national. I held Stamp 4 EUFam for 5 years, now I hold Permanent Residence (although the physical card is the same), authorised by INIS.

As non-EU national who is resident in Ireland having acquired the right of permanent residence under EU regulations, what are my rights to have my non-EU national spouse (also a Malaysian) live with me in Ireland?

I understand that the UK adopts the practice that a non-EU national UK resident who a PR under EEA regs is considered an EU national under the same regs, for the purpose of bring over family members. What is Ireland's stance on this, and what does the EU law say?

Thanks!

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Non-EU PR, can I bring my wife here?

Post by CalvinKlien » Tue Oct 14, 2014 2:52 pm

How did you acquired 4 EUFam ?

Lee24
Newly Registered
Posts: 10
Joined: Tue Oct 14, 2014 10:01 am

Re: Non-EU PR, can I bring my wife here?

Post by Lee24 » Tue Oct 14, 2014 2:58 pm

CalvinKlien wrote:How did you acquired 4 EUFam ?
Through 5 years lawful residence as a non-EU national family member of an EU national.

CalvinKlien
Senior Member
Posts: 684
Joined: Thu Feb 07, 2013 5:26 pm
Location: Dublin
Mood:
Ireland

Re: Non-EU PR, can I bring my wife here?

Post by CalvinKlien » Tue Oct 14, 2014 5:02 pm

Were u married to an EU citizen before ?

Lee24
Newly Registered
Posts: 10
Joined: Tue Oct 14, 2014 10:01 am

Re: Non-EU PR, can I bring my wife here?

Post by Lee24 » Tue Oct 14, 2014 6:26 pm

No.

Lee24
Newly Registered
Posts: 10
Joined: Tue Oct 14, 2014 10:01 am

Re: Non-EU PR, can I bring my wife here?

Post by Lee24 » Sun Oct 26, 2014 8:34 am

Bump.

Really interested to hear from anyone in a similar position.

The EU Directive is silent on the rights of a non-EU national family member of an EU national, who has acquired the right of permanent residence, to live in the host state with his own family members.

As I mentioned, the UK's position, as I understand, is to treat persons in my position is if the person himself is an EU national. It's a generous but quite a sensible stance to take.

Really interested to learn of anybody's experience of same here in Ireland.

Ambulance Chaser
Newly Registered
Posts: 12
Joined: Sat Nov 01, 2014 12:03 pm

Re: Non-EU PR, can I bring my wife here?

Post by Ambulance Chaser » Sat Nov 01, 2014 12:28 pm

Lee24 wrote:Bump.

Really interested to hear from anyone in a similar position.

The EU Directive is silent on the rights of a non-EU national family member of an EU national, who has acquired the right of permanent residence, to live in the host state with his own family members.

As I mentioned, the UK's position, as I understand, is to treat persons in my position is if the person himself is an EU national. It's a generous but quite a sensible stance to take.

Really interested to learn of anybody's experience of same here in Ireland.

The INIS will not treat you the same as an Irish national when making this application. You can make an application for a residence permit for your wife through the embassy in KL. However, you have been living here for several years while (presumably) she has been living in Malaysia so I have seen situations where the embassy will question the veracity of the marriage as you have not lived together for many years.

In short, it is possible for you to apply but you will also have to take the Family Reunification Guidelines from last January into account. They are available on the INIS website - www.inis.gov.ie

The easier way for you to get your spouse to live here would be to obtain Irish citizenship. While I appreciate there is a prohibition on dual nationality in Malaysia, it is the strongest application you can make. You are in a position to apply for it at this time and it takes on average six months to get the certificate of naturalisation.

Even after you get an Irish passport, however, it is still not guaranteed that your application will be successful based on the fact that the truth of your marriage will be questioned given that you have not lived with your wife for many years.

Locked
cron