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I am quite happy for you to open this thread. It is in a different forum section and may get you some additional information than you would have got from your other thread. It would be good if you provided a link to your original thread.chaoclive wrote: Apologies to the moderators for starting another topic on this, but I'm really looking to find some people who have actually done this in practice.
Yes and I regret listening to others (family and solicitors) about the EU route. I was quite young (22) and (most) of my family were against me marrying at that age, but it was probably more so the fact I was in love with a non-national.EUsmileWEallsmile wrote:@ Monifé, so in the end you gave up the EU route and went down the Irish spouse route? I think that's what you've said.
No first hand experience however based on experiences of people I know and what I have read on this forum in the last 4 years, this would not be recommended. When applying for a residence card under EU Treaty Rights, there are specific documents you need to provide to prove you are resident in Ireland. You cannot provide these while living in a hotel.chaoclive wrote:Just wanted to know if anyone has experience of applying for an a visa under the EU Treaty regulations (I'm British and plan to move to Ireland with my spouse/civil partner) with a hotel address?
Not a problem. You and your partner have an unconditional right to reside in Ireland for up to 3 months before you have to be exercising treaty rights (i.e. working) and you don't need to apply for his residence card straight away. You can do it at any time within those 3 months.chaoclive wrote:Problem is: I won't have a job lined up in Ireland before I go and we won't have a permanent address in Ireland either (I won't start renting until I get there) but I have a rough idea of which town/city I'd like to live in so we will find a hotel in the area to start of with.
Better to have your documents in order before you apply for the residence card.chaoclive wrote:Is it acceptable to provide a temporary address (hotel) on this application and then update the records after we get to Ireland and rent a place?
Not an outright reason for refusal but could give you ALOT of headaches.chaoclive wrote:Is 'not having an address' a reason for refusal? With all the inefficiency in the immigration (no matter which country you are traveling to) and the fact that Ireland is tightening its immigration laws, I'd be devastated to find out that the application was rejected just because I hadn't rented a place to live yet.
I am not sure you would need to renounce your Irish citizenship. It is highly likely that the Irish Immigration would have no idea you hold an Irish passport unless you tell them so. If your birth certificate is British, you have a UK tax number (and no Irish tax/pps number) and a British passport, I think you would be ok. The fact that you have lived in Northern Ireland (basically UK) and other EU countries, already affords you rights as an economic migrant worker within the terms of the directive.chaoclive wrote:I'm a dual Irish/British citizen but will renounce Irish citizenship soon (so I can enter with him from China).
I had this conversation with my solicitor when we were going down the EU route. Basically, the answer is yes. You could apply for a residence card for your partner under EU Treaty Rights and then 3 years down the line, your partner could apply for citizenship based on your relationship BUT only if you have been in a registered civil partnership for 3 years while living legally in Ireland.chaoclive wrote:However, as the Irish rules only require 3 years of residence in Ireland to be awarded permanent residence, would it be possible that, after returning to Ireland, I could reclaim Irish citizenship and then apply for the spouse visa for him? It sounds a bit iffy and, if we were likely to get into trouble, we could just wait for the 5 years to pass so that he can get citizenship in his own right.
Again, no first hand experience of Surinder Singh (it was our last option) but from reading up on it, the following may be of note:chaoclive wrote:Hi there
Thanks for sharing your story and i'm sorry that you had such an ordeal! i hope that it all turned out well in the end and wish you both all the best
-I was born in Northern Ireland (got a British passport really early, about 10 years old and an Irish one when I was 22; although I've had the right to Irish citizenship from birth)
-I've worked in Germany in the past but long before I met my partner (unlikely to be useful)
-I am not fussy about where we live. The most important thing is getting him back with me when the time is right. All my work visas are in my British passport so I can't renounce British citizenship at this time - that would cause visa nightmares for my employer (and myself). However, I'm quite willing to renounce Irish citizenship if it makes the process easier. Then I plan to apply for the Irish equivalent of a UK EEA Family Permit at the Irish Embassy in Beijing. I'd then live in Ireland and see how things go. If all goes well on the job front, I'll stay in Ireland. If not, I'll go to the UK to see what's available and can use Surinder Singh to get him a UK EEA Family Permit.
Thanks for your comments and help!