Live in NI, work in ROI

I keep reading the suggestion to live in North Ireland to get around the non EU spouse issue. Has anyone on here done this? What were the downsides/ challenges?

My husband (EU) already has a job lined up in Dublin -- that's why were moving. I assume he would have no legal problems working in a different country than he lives in. What about me though? As an non EU citizen living in NI, would I be able to work in Ireland (Dublin), or do I have to stay on the UK side of the line?

Edit: This is in terms of living in NI for the minimum 6 months, as I'm interested in Irish residency, but not citizenship.

I'm not going to be of much use, but I do live in Northern Ireland. For me personally, I don't see any downsides to living in the north. The cost of living is a bit cheaper for us that it would be if we were in Dublin.

As far as you working in Dublin, I'm not 100% sure. I live in a border town and there are quite a few people that live in NI and work in ROI and vice versa, but they are EU citizens, so I'm not sure what the ins and outs would be for a non-EU national. But, you definitely would be entitled to work in the north. I'm not sure what type of job you are thinking of, but you could live in a border town between Belfast and Dublin. Your husband could work in Dublin and you would have access to Belfast (the second largest city.)

nonEUwife wrote: My husband (EU) already has a job lined up in Dublin -- that's why were moving. I assume he would have no legal problems working in a different country than he lives in. What about me though? As an non EU citizen living in NI, would I be able to work in Ireland (Dublin), or do I have to stay on the UK side of the line?

You would need a work permit to work in Ireland. As a U.S. citizen you could of course enter the Republic of Ireland as a visitor and you would probably not have to deal with much border control.

An interesting question is whether it is legal under the UK immigration rules for EEA citizens for a non-EEA family member to live in the UK where the EEA spouse is exercising Treaty Rights in a different member state.

An interesting question is whether it is legal under the UK immigration rules for EEA citizens for a non-EEA family member to live in the UK where the EEA spouse is exercising Treaty Rights in a different member state.

I was wondering the same thing. In theory, could the EU citizen, for UK purposes, be considered economically self-sufficient? I think all a self-sufficient person needs to prove is no need for public funds...

I went that route.

We moved up last month after being fed up with our situation in Ireland. I (EU citizen) am still employed in Ireland, and can work from home two days a week. That way the driving won't drive me mad. We applied for the EEA1 and EEA2 3 weeks ago, and my wife (non-EU) already has started working up north. She got the confirmation that she is allowed to work after 12 days.

As I am a EU citizen it is no problem for me to live in the UK on the basis of being "Self-Sufficient". But I might have to pay some additional taxes in the UK, but that's weighted up by our rent saving and my wifes additioanl income.

I got a letter from my employer stating that I have been employed there for almost 6 years, my salary and that they are aware that I am moving up north due to personal reasons. That and some payslips and all the other usual documents were accepted for the EEA Family permit. I also checked with the Home Office before we made the move up (as the company also offered me a UK contract), and they said my Irish Income would make me self-sufficient.

Got a call from the home office yesterday, stating that our applications have been processed and approved, and we will get the papers and passports back within an week. That's a turnaround of one month. Considering that Ireland couldn't do anything for us in a year not a bad result at all, and def. worth the move up.

Back to the orginal question ... no, the NON-EU citizen will not be allowed to work in Ireland if you live up in the north. But you will be allowed to work in the North from the day you enter. In theory you are not even allowed to go to Dublin without a Visa when you are living up north as a non-EU citizen. So you will always have to apply for an Irish Visa to get into Ireland. But of course, that's just the legal side, as nobody is checking anyway.

well im happy that we can see for another solution insted of waitting that the laws here in Dublin change.

I have a cuestion for the couple that went to the north: i think that you already have a residence (talking about you wife), but i want to ask you what did you give to have your residence i mean is it sufficient to present the certificade of marriage? what else do you need?

We sent the following to make sure we covered all areas:

- both original passports
- marriage certificate
- letter explaining our situation and how we met and got married
- letter from employer confirming my employment, employment start, annual salary and private health insurance for me and my wife
- last 3 payslips
- copy of UK lease
- photos from our wedding, previous vacations (London, Paris, HK, Germany) and photo of her master graduation, which I attended
- example of our official wedding Invitation
- 2 sets of Irish Household Bills in her and my name, proving previous residency in Ireland

That's more then officially required, but we just wanted to make it as watertight as possible.

DSA: You are fortunate in having a very understanding employer. All credit to them!

Hi,

we are planing to move to Newry in N-Ireland as well because it's really a mess and bevore we got even more headache, we have to change something.

My wife has still a spouse Visa for the UK until October. We are still on pending for the EU1, so my wife is legal, but without any proof of it (an example for this mess here...). Can you tell us what are our next steps now? I mean, how long do we need to wait until she gets her residence and what do we have to do for applinging for a working visa. Can we apply from here in Dublin and move over when we have this working permission or what would you recommend?

I'm from Europe and I will continue my work in Dublin. Perhaps there are other people with the same problem and we can arrange a caar pool from Newry to Dublin.

I am in Newry as well.

Have a look at the UK Forum, very good informations there. The following is assuming that you are a EU citizen from one of the "older" EU member states. There are slightly different rules for citizens of the "new" member states afaik:

You will need a EEA Family Permit as an entrance Visa to the UK. It is free of charge, multiple entry and valid for 6 months.

In a nutshell you could say that the UK doesn't require the Husband/Wife of a EU citizen to have a Work Permit or Residence Permit. The EEA2 form is merely a formality, so that you can prove to everyone who is not aware of the rights of EU citizens and their spouses that you are legal. But you need to send from of proof of residency in the UK (Lease agreement, household bills, employment copntract) to prove that you are living in the UK now. I doubt you will be able to do it from Dublin. In addition to that you will need to provide them with proof of your self-suffiency, so that you don't rely on UK public funds.

By the UK interpretation the NON-EU citizen is allowed to work as soon as you set up residence in the UK. We got a letter confirming the receipt of our Applications within less then 2 weeks, and it also states that you are allowed to take up employment whenever you want. It also contains a phone number for employers to call to clerify any questions they might have. The EEA2 application can take up to 6 months, but if you send it together with the EEA1 (Certificate of Registration) of the EU spouse, then it takes (usually) around 6 weeks to get it done.

Please also have a look at:

http://www.ind.homeoffice.gov.uk/applyi ... unationals

Can my family join me in the United Kingdom?

Yes, if you have a right to live in the United Kingdom your family may join you. Under European Community law family members are defined as:

*
spouse/civil partner
*
children/grandchildren of you, your spouse or civil partner, who are under 21 years of age or who are dependent upon you
*
dependants in the ascending line e.g. your parents / grandparents and the parents / grandparents of your spouse /civil partner

If you are a student only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives i.e. extended family members such as brothers, sisters, and cousins do not have an automatic right to live in the United Kingdom. To be considered the extended family members have to be able to demonstrate that they are dependent or, if they are a partner, other than a civil partner, they can show that they are in a durable relationship with you.

How can my family join me in the United Kingdom?

If your non-EEA national family members are coming to live with you permanently or on a long term basis they should get an EEA family permit which is a form of entry clearance (like a visa) so that they can travel to the United Kingdom. For more information about visas please visit the UK visas website: www.ukvisas.gov.uk.

Can my family work in the United Kingdom?

Yes, your family can work in the United Kingdom and they do not need a work permit.

hi, i really apreciate all the information that you write here is really important for me and also for my husband.
can you tell me or give a link where i can find EE1 and also EE2 forms.
i think that the only road for people like me is go to other place. im really desapoint about this, anyway i have to look for good oprtunities.

Carlipao wrote:hi, i really apreciate all the information that you write here is really important for me and also for my husband.
can you tell me or give a link where i can find EE1 and also EE2 forms.
i think that the only road for people like me is go to other place. im really desapoint about this, anyway i have to look for good oprtunities.

The forms can be found here:

http://www.ind.homeoffice.gov.uk/applyi ... tionforms/

dsab85 wrote:Back to the orginal question ... no, the NON-EU citizen will not be allowed to work in Ireland if you live up in the north. But you will be allowed to work in the North from the day you enter. In theory you are not even allowed to go to Dublin without a Visa when you are living up north as a non-EU citizen. So you will always have to apply for an Irish Visa to get into Ireland. But of course, that's just the legal side, as nobody is checking anyway.

Legally there should not be a problem with living in NI, and commuting daily to the ROI for work. You would have to apply for a visa (and fight briefly with the visa section with the help of Solvit) and the non-EU spouse might only be able to do it if they were travelling with their EU spouse every day.

Directive/2004/38/EC wrote: Legally there should not be a problem with living in NI, and commuting daily to the ROI for work. You would have to apply for a visa (and fight briefly with the visa section with the help of Solvit) and the non-EU spouse might only be able to do it if they were travelling with their EU spouse every day.

Not every non-EU spouse needs a visa to visit the Republic of Ireland.

One point to bear in mind in this situation is how living in Northern Ireland and working in the Republic of Ireland will impact on eligibility for British citizenship by naturalisation.

Annex B of Chapter 18 to the Nationality Instructions says:
http://www.ind.homeoffice.gov.uk/documents/nichapter18/

Only whole days' absences should be counted (see s. 50(10)(b) of BNA
1981). The dates of departure and arrival are not to be counted as
absences.

So, for example, driving from Newry to Dublin on Tuesday morning and returning on Thursday night would only be 1 day's absence. It would be important to document this as well as possible (eg keep hotel bills).

However, more significant absences might prejudice a successful application to become naturalised British in due course.

JAJ wrote:Annex B of Chapter 18 to the Nationality Instructions says:
http://www.ind.homeoffice.gov.uk/documents/nichapter18/

Only whole days' absences should be counted (see s. 50(10)(b) of BNA
1981). The dates of departure and arrival are not to be counted as
absences.

So, for example, driving from Newry to Dublin on Tuesday morning and returning on Thursday night would only be 1 day's absence. It would be important to document this as well as possible (eg keep hotel bills).

However, more significant absences might prejudice a successful application to become naturalised British in due course.

Then presumably if you worked close enough to the border to be able to "commute" on a daily basis, your days at work would not count as absences at all?

If you go out of the UK on Monday morning and come home on Tuesday night, it would count as zero days away from the UK for the purpose of a naturalization application.

Same day out and back likewise counts as zero days away.

Directive/2004/38/EC wrote:If you go out of the UK on Monday morning and come home on Tuesday night, it would count as zero days away from the UK for the purpose of a naturalization application.

Same day out and back likewise counts as zero days away.

Thank you - interesting. The problem in this case would be to provide proof of the unbroken residence in the UK, I guess, although I guess it would be possible using a combination of documentation and "probability".

Christophe wrote:Thank you - interesting. The problem in this case would be to provide proof of the unbroken residence in the UK, I guess, although I guess it would be possible using a combination of documentation and "probability".

Bank machine transactions are a decent option, in leu of anything more official like passport stamps. Take out £10 before you leave the UK and £20 as soon as you return (different amounts allows you to tell them apart). And every so often, deposit a bit too :-) It does not legally "prove" anything, but it gives a decent written record.

Directive/2004/38/EC wrote:

Christophe wrote:Thank you - interesting. The problem in this case would be to provide proof of the unbroken residence in the UK, I guess, although I guess it would be possible using a combination of documentation and "probability".

Bank machine transactions are a decent option, in leu of anything more official like passport stamps. Take out £10 before you leave the UK and £20 as soon as you return (different amounts allows you to tell them apart). And every so often, deposit a bit too It does not legally "prove" anything, but it gives a decent written record.

Yes I thought of that - but if one is making the trip daily (or nearly) it would be nuisance to be withdrawing money from the bank all the time. It's of only academic interest to me, but still...

What about a contact mobile? I'm just throwing out a random idea, but if you had a contract through O2UK for example, and made a call from the ROI, wouldn't it show on your bill as roaming? Just a thought.

Hi,

dsab85 wrote following:
"You will need a EEA Family Permit as an entrance Visa to the UK. It is free of charge, multiple entry and valid for 6 months."

My wife went today to the british embassy to ask what she has to do to get this kind of visa. They told her that she has to pay nearly 900 Euros for the application and such a application would count at least 8-9 weeks. Is this correct?

We thought that we found now a solution to live in peace and with a solution, but now we are standing in front of new trouble. Can you help us if this is correct and what do we have to do now?

Furthermore, I want to know if she can apply from here for such a family permit. Because she doesn't has a valid stamp right now in her passport because of the pending EU1 prozess!

groebben123,

EEA Family permit is free of charge and good for 6 months with Multi entry and in 1 week you will get it. 900 euros is for spouse visa and it takes 8 - 9 weeks.

Not sure if they will accept the application of your wife with having no legal stamp in her passport for ireland. Normally, they take the applications only if the person is legal in the state on the time of applying but in my case my Irish spouse visa was expried on 4th July and i applied on 2nd July and got the EEA family Permit with free of charge.


Kind Regards,

Sahil

Hi groebben,

I'm not sure about applying in Ireland, or about how long the application takes, but the EEA family permit is definitely free of charge. The only thing I can think of is that maybe they thought your wife was wanting to apply for a UK spousal visa, which costs £500. Or, maybe whoever she spoke to at the embassy didn't know what they were talking about

I think there are one or two people here that did get the family permit to the UK and applied from within ireland. Runie I think was one of them?

Hey, thanks for that, now I'm feeling a little bit better again !

Yes, I think they really talked about the spouse Visa...

But about the family permit, I have 2 more questions:

1) How long will this Family permit count to get acceptet?
2) Do I already have to live in NI official when she is applying for it? We wanted to go together to the north, would meke more sence anyway
3)Where can we apply for this family permit?

Thanks a million for your help. We know how difficult it is to get information over the official way so this Forum is the best what could happened in our sad situation...

Answering to your questions:

- EEA Fmaily Permit takes 1 week
- It is not Necessary that you have to live in NI. just a letter from you (as EU Citizen) that you want to move to UK, so your spouse will also going with you.
- you can apply at British embassy here in dublin (if you are in dublin). you would need VAF1 form to fill up online http://www.visa4uk.fco.gov.uk/ and then you can print it out and send to British embasst with required dacuments i.e:

- Original Birth certificate (Both)
- your last three months pay slips
-A letter from your employer
-anyhouse hold bill (ESB)
-Original Marriage certificate
-1 Photograph of applicant


kind Regards,

Sahil