Ireland and eu1 form

Pellegrinelli · Post by **Pellegrinelli** » Sat Aug 22, 2015 4:47 pm

Hi

My wife from ukraine will get a type C visa, (to either accompany or join, not sure yet) me in Ireland. When we get there, can she apply to fill out the EU1 form? Even with a C visa?

And Is there any chance she can do the EU1 using UK type C visa?

mgb · Post by **mgb** » Sun Aug 23, 2015 6:29 pm

The ECJ ruled in the case metlock C‑127/08

Article 3(1) of Directive 2004/38 must be interpreted as meaning that a national of a non-member country who is the spouse of a Union citizen residing in a Member State whose nationality he does not possess and who accompanies or joins that Union citizen benefits from the provisions of that directive, irrespective of when and where their marriage took place and of how the national of a non-member country entered the host Member State.

PS: It simply doesn't matter on what basis your wife came to Ireland.

Pellegrinelli · Post by **Pellegrinelli** » Mon Aug 24, 2015 11:16 am

I'm sorry, but I don't really get the meaning of your post...could you explain more simply please? Do you mean that it doesn't matter how she came to Ireland? She can simply do EU1 with UK visa?

mgb · Post by **mgb** » Mon Aug 24, 2015 3:10 pm

Due to the european court ruling she could even apply if she land at night at the coast.

Pellegrinelli · Post by **Pellegrinelli** » Mon Aug 24, 2015 9:04 pm

Hmmmm....well...thank you, this is interesting, because maybe there would be a chance to apply for EU1 form straight away. We would have 2 weeks before her UK visa runs out. Would this be enough time?

Are there any requirements to meet before sending off application for EU1?

mgb · Post by **mgb** » Tue Aug 25, 2015 1:20 pm

If you both can make it to Ireland yes.
She would have 90 days to send the EU1 application.
She could ask for a entry stamp after presenting marriage certificate and you accompany her.
If you do it this way it is maybe good to have a printout of this court ruling with you:
http://www.courts.ie/__80256F2B00356A6B ... anguage_en~

Pellegrinelli · Post by **Pellegrinelli** » Tue Aug 25, 2015 1:41 pm

So basically, we could go to Ireland, with UK visa (which is valid until 27th of September), show them marriage certificate and ask them at the border to give us an Irish visa there and then? Also showing them the link you sent me?

Then my wife could stay a for 90 days? Could this not cause problems?

mgb · Post by **mgb** » Tue Aug 25, 2015 2:00 pm

It is simply the right of a eu citizen to stay 90 days without any preconditions together with a accompanying family member in every eu country except the home country of the eu citizen.
If she got a normal tourist visa the irish visa waver program could be applicable.
This mean she could fly from the UK to Dublin and it wouldn't matter if the airline check passports before boarding or not.

Pellegrinelli · Post by **Pellegrinelli** » Tue Aug 25, 2015 4:33 pm

But the visa waiver program states that she can stay 90 days, or until the end of the UK visa,(whichever is sooner). this would give her 2 weeks in Ireland, not 90 days. So...does this mean she only has 2 weeks? Or because we are married and not just going on holiday, can we do something for her to stay for 90 days, without her going home to apply for Irish visa?

mgb · Post by **mgb** » Tue Aug 25, 2015 4:40 pm

The visa waiver program give her the possibility for a sorrow free flight.
She ask at arrival for a 90 day stamp as a family member of a eu citizen.

Pellegrinelli · Post by **Pellegrinelli** » Wed Aug 26, 2015 8:10 pm

Ok thank you for your help. So upon arrival, whether by plane or ferry (I might drive there) I will ask for her to get a 90 day stamp in her passport, and then go on with the plan from there.

mgb · Post by **mgb** » Thu Aug 27, 2015 11:13 am

Right and if she get only a 30 day stamp you have to go to a GNIB office for the remaining days.
It is important that you have the marriage certificate with you and a printout of the irish court ruling for ignorant border officer.

Pellegrinelli · Post by **Pellegrinelli** » Sat Aug 29, 2015 1:44 pm

Sorry to ask, but could you tell me exactly what the Irish court ruling is called, or send me a link for it, just so I have 100% the right thing in my hand?

P.S really appreciate all your help. Because of your advice, I now don't have to leave my wife in Ukraine, so I will be forever thankful because of this

mgb · Post by **mgb** » Sat Aug 29, 2015 3:29 pm

In the sixth post above.

Pellegrinelli · Post by **Pellegrinelli** » Sun Aug 30, 2015 8:24 am

Brilliant, thankyou very much for your help

adeolual · Post by **adeolual** » Mon Aug 31, 2015 9:43 am

Hi Members,

Please i urgently need your insight and advise as regard our EU1 application.

I and my British spouse arrived to Ireland in May 1 2015 and we forwarded our application for EU1 residence card on 27th July and the application was received 28th July 2015 by Eu treaty right office.

We received a letter from them dated 27th August 2015 but the content of the letter did not say we should go and obtain six (6) months stamp. the following are the letter content.

Dear,xxxxxxxx

I am directed by the Minister for Justice and Equality to refer to your application for a Residence Card under the European Communities (Free Movement of Persons) Regulations 2006 and 2008 which was received in this office on 28 July 2015.

The following documents that were received with your application are now returned

1, EU Passport

2. NON EU Passpor

3. Marriage Certificate

This office will in contact with you in due course regarding your application.

your sincerely.
Eu Treaty Right Unit,

So the above was the content of the letter once again,,,, please i really want to know is that the letter that we are going to use to obtain six (6) months stamp or not because it not mentioning any form of collection of six (6) months stamp..

Please, has any one have received this kind of letter from EU Treaty Right before please advise.

Thank you

Gjirokastra · Post by **Gjirokastra** » Tue Sep 04, 2018 6:04 am

What hapen then?im in the same situation,you need to go out from ireland or you can stay?

shpirtshqipe · Post by **shpirtshqipe** » Tue Sep 04, 2018 8:23 am

adeolual wrote: ↑
Mon Aug 31, 2015 9:43 am
Hi Members,

Please i urgently need your insight and advise as regard our EU1 application.

I and my British spouse arrived to Ireland in May 1 2015 and we forwarded our application for EU1 residence card on 27th July and the application was received 28th July 2015 by Eu treaty right office.

We received a letter from them dated 27th August 2015 but the content of the letter did not say we should go and obtain six (6) months stamp. the following are the letter content.

Dear,xxxxxxxx

I am directed by the Minister for Justice and Equality to refer to your application for a Residence Card under the European Communities (Free Movement of Persons) Regulations 2006 and 2008 which was received in this office on 28 July 2015.

The following documents that were received with your application are now returned

1, EU Passport

2. NON EU Passpor

3. Marriage Certificate

This office will in contact with you in due course regarding your application.

your sincerely.
Eu Treaty Right Unit,

So the above was the content of the letter once again,,,, please i really want to know is that the letter that we are going to use to obtain six (6) months stamp or not because it not mentioning any form of collection of six (6) months stamp..

Please, has any one have received this kind of letter from EU Treaty Right before please advise.

Thank you

Don’t panic! This is a standard cover letter for returning your original documents to you. Basically you should have only supplied colour copies of the above documents.

This means INIS has received your application and will process it in due course. You’ll at some point receive another letter which instructs you to visit your local INIS office for obtaining the STAMP 4.

Whilst you are waiting for the STAMP 4 letter you can remain in Ireland pending a decision.

shpirtshqipe · Post by **shpirtshqipe** » Tue Sep 04, 2018 8:29 am

Gjirokastra wrote: ↑
Tue Sep 04, 2018 6:04 am
What hapen then?im in the same situation,you need to go out from ireland or you can stay?

Hi Gjirokastra

You can stay in Ireland whilst a final decision has been reached on your application.

Once you receive STAMP 4 you can even travel to your motherland and return to Ireland without having any hassles. In this case you’ll need to obtain a re-entry Visa from Irish Immigration before you travel which easy enough to get.

ShpirtShqipe

Gjirokastra · Post by **Gjirokastra** » Thu Sep 06, 2018 3:55 pm

Thanks,falemenderit

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