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Non-EU Wife to Ireland?

Forum to discuss all things Blarney | Ireland immigration

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VinnyG
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Non-EU Wife to Ireland?

Post by VinnyG » Fri Feb 27, 2015 11:08 am

I am seeking information about my wife's visa application to Ireland. 
I am an Irish citizen (also in possession of a Dutch passport) and she is from 
Ukraine. I wish for my wife to join me in Ireland permanently.

Since I am not long out of college, travelled and haven't had full time employment
as of recent I am concerned about my ability to be her sponsor. Is there a rough 
amount of money that is needed to be a sponsor? How is this calculated exactly?

Another important question that I'm looking for an answer to, is it possible for me to 
nominate a sponsor such as my direct family (ie: Parents) since they would have 
the means to support her until I get my own steady source of income. The last thing I want
is for my wife to become a burden on the Irish tax payer. What if my parents were the ones
to invite her to Ireland?

Could you please advice me on the best route to take here? I wish to remain living in Ireland if at 
all possible. 

Many thanks!

jeupsy
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Re: Non-EU Wife to Ireland?

Post by jeupsy » Fri Feb 27, 2015 8:56 pm

If you can find a job (even part time), I would apply as a Dutch citizen using EU Treaty Rights. Almost guaranteed to be accepted and you wife can get a Stamp 4 EUFam for 5 years - which has a few advantages over a regular Stamp 4.

Leinsterimmig
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Re: Non-EU Wife to Ireland?

Post by Leinsterimmig » Mon Mar 02, 2015 5:01 pm

The other option is to apply to 'spouse of Irish National' section which may take just as long but is less strict. It results in a stamp 4 for your partner. The best option is the EU Treaty Rights option as stated by jeupsy which results in a 5 year Stamp 4 EUFam for your partner
pm me for email address as it's not allowed on the open forum

VinnyG
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Re: Non-EU Wife to Ireland?

Post by VinnyG » Mon Mar 16, 2015 12:43 pm

Thank you so much for your answers so far. It seems like the EU Treaty Rights is the way to go.

Does having a nationality (with appropriate documents as proof) other than the Irish grant me the
automatic right to make use of my EU Treaty Rights? I ask this since I have lived in Ireland for some time
now but was born and raised in the Netherlands. I wonder would there be any issues with this.

jeupsy
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Re: Non-EU Wife to Ireland?

Post by jeupsy » Mon Mar 16, 2015 6:18 pm

VinnyG wrote:
Does having a nationality (with appropriate documents as proof) other than the Irish grant me the
automatic right to make use of my EU Treaty Rights? I ask this since I have lived in Ireland for some time
now but was born and raised in the Netherlands. I wonder would there be any issues with this.
This is a bit if a grey area. The only country which made it clear is the UK who said they would not allow British citizens to apply with another nationality.

Ireland hasn't said anything one way or the other and I remember of a few people here who had EUTR residence cards granted with a dual Irish/other EU citizenship. So I would think it is pretty safe to apply as a Dutch citizen.

khanmzk
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Re: Non-EU Wife to Ireland?

Post by khanmzk » Thu Mar 19, 2015 1:46 pm

hi all

i am new to this website and forum but as far as i know to exercise the EU TREATY RIGHTS one have to work minimum of 12 hours
a week earning 110 plus a week is that right? correct me if i am wrong.... 8)
You May see me struggling but you will never see me quitting

VinnyG
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Re: Non-EU Wife to Ireland?

Post by VinnyG » Wed Apr 15, 2015 3:36 pm

I will definitely use my EU treaty rights to reside here with
my wife. However, to use these rights she must be present in Ireland, right?

Here lies my main problem, what is the best way for her to get here? Since I fear that my recent financial history won't be sufficient to be her sponsor. Would it be accepted to get the help from close family in this regard?

Thanks again for all your help!

jeupsy
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Re: Non-EU Wife to Ireland?

Post by jeupsy » Wed Apr 15, 2015 3:51 pm

Yes to apply for her residence card both of you need to be in Ireland. She can however apply for a visa under EU Treaty Rights to travel with you or join you in Ireland. What you want to apply for is a type C visa to travel with (or join) an EU citizen spouse and the application website is here: https://www.visas.inis.gov.ie/avats/Vis ... tails.aspx

As long as you are traveling to Ireland together (or she is joining you), they can't deny the visa based on your financial situation. The visa should also be free of charge.

Only required documents:
- her passport
- your EU (non-Irish) passport
- your marriage certificate
- copy of your plain tickets or alternatively a letter from you stating that you are planning to traveling to Ireland together

VinnyG
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Re: Non-EU Wife to Ireland?

Post by VinnyG » Wed Apr 15, 2015 4:08 pm

jeupsy wrote:Yes to apply for her residence card both of you need to be in Ireland. She can however apply for a visa under EU Treaty Rights to travel with you or join you in Ireland. What you want to apply for is a type C visa to travel with (or join) an EU citizen spouse and the application website is here: https://www.visas.inis.gov.ie/avats/Vis ... tails.aspx

As long as you are traveling to Ireland together (or she is joining you), they can't deny the visa based on your financial situation. The visa should also be free of charge.

Only required documents:
- her passport
- your EU (non-Irish) passport
- your marriage certificate
- copy of your plain tickets or alternatively a letter from you stating that you are planning to traveling to Ireland together
Thanks for your fast reply. Just to clarify...

From what I read on the INIS website the type C visa only allows a person to visit Ireland. So it restricts any type of other actions such as applying for a longer stay. Is this correct?

jeupsy
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Re: Non-EU Wife to Ireland?

Post by jeupsy » Wed Apr 15, 2015 4:19 pm

VinnyG wrote:
jeupsy wrote:Yes to apply for her residence card both of you need to be in Ireland. She can however apply for a visa under EU Treaty Rights to travel with you or join you in Ireland. What you want to apply for is a type C visa to travel with (or join) an EU citizen spouse and the application website is here: https://www.visas.inis.gov.ie/avats/Vis ... tails.aspx

As long as you are traveling to Ireland together (or she is joining you), they can't deny the visa based on your financial situation. The visa should also be free of charge.

Only required documents:
- her passport
- your EU (non-Irish) passport
- your marriage certificate
- copy of your plain tickets or alternatively a letter from you stating that you are planning to traveling to Ireland together
Thanks for your fast reply. Just to clarify...

From what I read on the INIS website the type C visa only allows a person to visit Ireland. So it restricts any type of other actions such as applying for a longer stay. Is this correct?
It is correct in most cases, but this doesn't apply for EU Treat Rights applications. The EU directive makes it clear that the EU citizen family member can apply for a residence card regardless of how they entered the country (so while I am definitely not suggesting to do that, in theory even someone who entered illegally can apply for a residence card under EU Treaty Rights).

You could also apply for a type D visa, but the processing time might be longer and I *think* it will only be possible if you are already settled in Ireland and she is joining you.

As far as I know the only practical difference is that the type C visa will be valid for 3 months and the type D for 6 months.

VinnyG
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Re: Non-EU Wife to Ireland?

Post by VinnyG » Wed Apr 15, 2015 4:43 pm

I think the type C visa sounds like the best option.

I am unsure about this part "As long as you are traveling to Ireland together (or she is joining you), they can't deny the visa based on your financial situation." Could you clarify how my finances won't matter?

Also, are they likely to ask my wife for evidence of going back to Ukraine on a type C visa? Such as a job or owning property etc.

And thank you again, you've been of great help so far.

jeupsy
Senior Member
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Joined: Wed Nov 23, 2011 11:12 am

Re: Non-EU Wife to Ireland?

Post by jeupsy » Thu Apr 16, 2015 9:51 am

No worries!

The EU directive does not allow Ireland to consider you personal situation (finance, intend to return to hon country, etc) when processing the visa application. The only reasons they could use to reject the application are:
- you didn't provide all the necessary documents (and in that case they have to give you an opportunity to provide them before refusing the application)
- they have clear evidence that your marriage is not genuine
- the consider you or you spouse to be a security threat

Lastly, do make it clear with the visa application that you are applying based on EU Directive 2004/38/EC.

More information here: http://www.inis.gov.ie/en/INIS/Pages/Fa ... 20citizens

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