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EU Treaty Rights

Forum to discuss all things Blarney | Ireland immigration

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MysteryPortrait
Newly Registered
Posts: 2
Joined: Tue Jan 01, 2019 7:10 pm
Ireland

EU Treaty Rights

Post by MysteryPortrait » Tue Jan 01, 2019 7:54 pm

I am a British Citizen by birth, and my SO is a US citizen. I do not work here in Ireland, and I haven't since I came over in 2016. (Originally I was with a different person, and he had substantial savings that we lived on at the time. When we broke up, I ended up on Supplementary Welfare, and recently have been granted Disability Allowance)
From what I could see on the INIS website, and the EU1 form, there is a section about not being able to work, which would be relevant to me.

With that information, my questions are:

-Would we still be able to apply for EU Treaty Rights?

-If so, can we apply upto March 29th (this is the date that Britain will leave the EU)?

-Under EU Treaty Rights, would he be able to work without a visa in Ireland, as he would be entering as my spouse?

-What travel restrictions, if any, would he have in regards to visiting his family back in the US?

MysteryPortrait
Newly Registered
Posts: 2
Joined: Tue Jan 01, 2019 7:10 pm
Ireland

Re: EU Treaty Rights

Post by MysteryPortrait » Wed Jan 02, 2019 9:27 pm

Seems we have no chance. Processing time would take 6 months, by which time brexit will be done. :cry:

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
Mood:
Ireland

Re: EU Treaty Rights

Post by max307 » Wed Jan 02, 2019 9:50 pm

MysteryPortrait wrote:
Tue Jan 01, 2019 7:54 pm
I am a British Citizen by birth, and my SO is a US citizen. I do not work here in Ireland, and I haven't since I came over in 2016. (Originally I was with a different person, and he had substantial savings that we lived on at the time. When we broke up, I ended up on Supplementary Welfare, and recently have been granted Disability Allowance)
From what I could see on the INIS website, and the EU1 form, there is a section about not being able to work, which would be relevant to me.

With that information, my questions are:

-Would we still be able to apply for EU Treaty Rights?

-If so, can we apply upto March 29th (this is the date that Britain will leave the EU)?

-Under EU Treaty Rights, would he be able to work without a visa in Ireland, as he would be entering as my spouse?

-What travel restrictions, if any, would he have in regards to visiting his family back in the US?
-Would we still be able to apply for EU Treaty Rights?

Are you legally married to the US citizen? If you are, then yes but the US citizen will need to be able to support both of you without any social assistance from the government. Also, it's required for both applicants to get private medical insurance but since you have a preexisting condition and on disability allowance I don't know if a private insurance company will insure you.

-If so, can we apply up to March 29th (this is the date that Britain will leave the EU)?

Yes you can, no one knows what will happen after Brexit or if Brexit will happen at all so you can apply up to March 29th, 2019.

-Under EU Treaty Rights, would he be able to work without a visa in Ireland, as he would be entering as my spouse?

Yes, while the application is processed he will get a temporary (usually 6 months) Stamp 4 EUFAM that will allow him to work in Ireland, if the application is finally approved he will get a 5 years Stamp 4 EUFAM*.

*I'm assuming here that the process for family of UK citizens doesn't change after Brexit, again if Brexit happens at all.

-What travel restrictions, if any, would he have in regards to visiting his family back in the US?

No travel restrictions whatsoever.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

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