British with non-eea spouse

Hi all

As a quick run down:

I'm british and my wife is mexican. We have a UK spouse visa, unfortunately my wife is finding it difficult to find work in the UK (other than cleaning), which is causing a lot of stress, especially as she has a masters degree and is capable of doing so much more, and would be able to in Ireland.

I did post previously in hopes that the CTA would accomodate spouses, and allow her to accompany me when I did work in Ireland again (although that contract is now fallen through).

We now have to plan our futures for the bigger picture of things, and Ireland seems much more accomoidating for the both of us in terms of job availability to her in general, but also for spanish speakers, and it's not far from my family in bristol.

However, while my job is by no means enjoyable, it is rather well paying and I do have some expensive equipment invested in it. I also have a small company where I sell some things online (eBay etc) and am an official distributor of a reputable product from Japan that I have been slowly building up, and do not wish to waste that.

As I am self-employed, I am wondering if I can move to Ireland and register as self employed (in Ireland) and continue doing what I do in the UK monday to friday (on the basis of CTA?), and travel back to ireland for the weekend until I can get clients /another job in Ireland?

For the avoidance of doubt, I do very much intend to move to and live (and if circumstances permit, buy a house), just want to make the best out of our situation.

I'm also wondering what I do in terms of the company I have. I don't take any money from it or pay anyone, so it is purely stock and profits at the moment - can I continue as is (a UK company) or do I need to close down and set it up in Ireland?

I understand we can come over under EU treaty rights for the time being, but if my understanding is correct, post brexit, I could come over under CTA and apply for an Irish visa for my wife? Would I be able to make use of my current UK based earnings as proof of income /sponsorship, or would I have to build this up in Ireland (hope that makes sense).

Appologies for my limited knowledge on Irish visa as have not had the chance to fully read into all the necesities.

Any advise is much appreciated.

As a UK citizen you can come to Ireland and do whatever you want to do. This policy predates EU and is unlikely to be changed in the case of a no-deal Brexit. However, there is no legislation on what rights your spouse will have. The current spouse rights derive from EU, so if there’s a no-deal, nobody knows whether your spouse will be allowed to enter and work in Ireland.

In a sense, the CTA does provide for spouses, but not as generously as the EEA arrangements.

At least in the UK, Irish citizens are treated as settled on arrival, the equivalent of ILR on landing in the UK. That means that if there were no EEA arrangements for Irish citizens and their spouses, an Irish citizen in the UK would be able to sponsor their foreign spouse under the same UK Immigration Rules as a British citizen. Of course those rules are much tougher than the rules for EEA citizens.

I would presume that Ireland would have similar provisions in place under the CTA (i.e. British citizens would be able to sponsor under the same rules as those in place for Irish citizens).

secret.simon wrote: ↑

Sat Apr 27, 2019 7:16 am

In a sense, the CTA does provide for spouses, but not as generously as the EEA arrangements.

At least in the UK, Irish citizens are treated as settled on arrival, the equivalent of ILR on landing in the UK. That means that if there were no EEA arrangements for Irish citizens and their spouses, an Irish citizen in the UK would be able to sponsor their foreign spouse under the same UK Immigration Rules as a British citizen. Of course those rules are much tougher than the rules for EEA citizens.

I would presume that Ireland would have similar provisions in place under the CTA (i.e. British citizens would be able to sponsor under the same rules as those in place for Irish citizens).

Unfortunately there isn’t. CTA has never been codified in Ireland. It is a loose mutual recognition rather than a written legislation, mainly due to the reason that there wasn’t any need for that as UK and Ireland joined EU together.

Realistically speaking I think spouse of UK citizens should still have the same rights as those of Irish citizens, but there needs to be an overhaul on the legislations and the whole IT system. Also all legislations will need to be passed by parliament, which could take some time, and depending on the future relationship between UK and Ireland (and EU), it may or may not go well.

There is a parliamentary question raised earlier this year between a TD (or MP as you would call it in the UK) and the deputy prime minister. It mentioned that legislations will need to be set out for CTA.

https://www.oireachtas.ie/en/debates/qu ... -01-29/41/

Thanks for the replies.

I did read a historic document on the CTA, so I believe there is some legislation on it (but don't quote me). Namely, a right of residence.

When I looked at the Irish visa site, it says those who have a right of residence in Ireland can apply to have their spouses join them.

Presumably since a brit can reside in Ireland freely, this qualifies my position to apply for a 'normal' visa route, or is this a wrong interpretation?

Then beyond that, I'm curious what activites count towards residence in Ireland, namely, do i switch self employment over to ireland inc companies, so am moving my centre of life to ireland?

I would prefer to come over under the EU route, but either route is pointless if me travelling back to the UK on weekdays would affect my wife's legal status in Ireland?

Obviously if it cant be done, we'll have to take the longer route of trying to secure a job first and then come over, but I dont really want to be in ireland for 6 months 'building up' my employement history /proof of incoming (assuming it is a valid route), especially as the uk one took 8 months!

As of now, you can still exercise your EU free movement rights to get your spouse to Ireland. However, once she’s in, she will need to apply for residence permit (Stamp 4EUFAM). To do this, she has to demonstrate that you are living in Ireland with her. INIS will definitely be able to find out that you spend most of time in the UK, and that may not satisfy their requirement.

Even if she’s able to apply for a visa like the visa for Irish spouses under CTA agreement, you still need to demonstrate you both live together in Ireland.

Whether you come to Ireland to establish a new company, or you have your company in the UK but work from Ireland, is irrelevant, as long as you can prove that you both are self sufficient and won’t become a burden for this country.