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EU Form to excercise Treaty Law

Forum to discuss all things Blarney | Ireland immigration

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blastbass
Junior Member
Posts: 60
Joined: Tue Jan 22, 2019 9:18 am
Mood:
Germany

EU Form to excercise Treaty Law

Post by blastbass » Tue Jan 22, 2019 9:44 am

Good morning Party people.

Yet another one inquiring about his case and the treaty laws. I tried as best as possible to wrap my hand around this and I think I have a general idea, however to ensure I'm not on the wrong path I'm gonna lay out my case as well and try to be as detailed as possible.

I recently married a non-EU citizen (Bosnia) before I went off to Ireland to start my new position as a Network Engineer there. I hold the german citizenship so as per paper (or what I understand of it) I'm entiteled to excercise my EU Treaty Laws in the ROI. While my wife is still in Austria (where we met and lived together) and also holds a permanent residence permit for Austria (if that's playing into somewhere) she subsequently wants to join me in Ireland as we want to saty here for good. As I was reading through a lot of the possibilites and the ways to excercise EU Treaty laws I know(?) what to bring to the airport when flying over with her (I intend to fly back and pick her up as we have 2 cats to get over too):

- Marriage Cert (English Translation and Apostile ofc)
- My and her passport
- And just to be 100% sure she gets into the country a C visa for her
- printed out court ruling http://www.courts.ie/__80256F2B00356A6B ... anguage_en

From other posts I read this should be sufficient to get to immigration (if even necessary hence my post :D) and get her the entry stamp and gives us 90 days to file the application for the EU1 Form to INIS. Once received she's permitted to stay and may even get a temp stamp 4 visa from the GNIB office, if I read and understood correctly.

I already have rented a house (address sorted therefore), my job pays well enough to feed 2 people. So far this should be proficient enough to get her in to stay with me to file the application to INIS or did I miss out on something?

Thanks to all for your info in advance!

Cheers
Simon

blastbass
Junior Member
Posts: 60
Joined: Tue Jan 22, 2019 9:18 am
Mood:
Germany

Re: EU Form to excercise Treaty Law

Post by blastbass » Tue Jan 22, 2019 10:35 am

ADD:

The INIS site also states the following:
http://www.inis.gov.ie/en/INIS/Pages/Fa ... 20citizens

Family members of EU/EEA/Swiss citizens seeking to reply on Directive 2004/38/EC (Free Movement Directive) – type of visa for which you should apply

If you are a non-EEA national:

who does not hold a document called “Residence card of a family member of a Union citizen” as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, and
wishes to accompany or join an EU/EEA/Swiss citizen family member who is moving to or residing in Ireland pursuant to the Directive 2004/38/EC,

You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.

In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.

If you wish to have your visa application considered under the Directive on the basis that you are a family member of an EU citizen exercising or planning to exercise free movement rights you must state this clearly on your application.

If you state that you wish to have your application considered on the basis of the Directive rather than under national law, and your application is refused, you will be offered the opportunity to apply under national law but the normal fee will apply.

Information for Irish Citizens residing in Ireland who wish to have their family members join them is available here.

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