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Non Married going for EU1

Forum to discuss all things Blarney | Ireland immigration

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bjornirl
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Posts: 1
Joined: Sat Feb 02, 2008 10:55 pm

Non Married going for EU1

Post by bjornirl » Sat Feb 02, 2008 11:06 pm

HI All

I am from New Zealand and have been going out with my girlfriend ofr over two years. We have just recently applied for a partner visa on the EU1 Treaty rights.
I was wondering if anyone knows if this will work or have we done the wrong thing. It seems so hard to get anything here. All we want to do is extend my visa by about a year.

Hope someone out there can help

Bjorn

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 2:43 pm

Post by microlab » Sun Feb 03, 2008 12:42 am

That is no go as far as I know.

...see here as well..@

http://www.immigrationboards.com/viewto ... ht=#140134

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Mon Feb 04, 2008 9:15 pm

What is your partner's nationality?

You can probably do it, but you will likely have to fight a bit. Read all up about Directive 2004/38/EC and it's implementation in Ireland. And send along extra documentation supporting a claim that you have resided together in other EU member states (see http://eumovement.wordpress.com/2007/06 ... -question/ )

Also read carefully this press release about the introduction of the Directive http://www.progressivedemocrats.ie/press_room/1783/

Finally, contact http://ec.europa.eu/citizensrights/

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 2:43 pm

Post by microlab » Tue Feb 05, 2008 2:18 am

Directive, do you have a link where the law says about recognising unmarried?

Directive/2004/38/EC
Respected Guru
Posts: 7121
Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Tue Feb 05, 2008 5:27 am

microlab wrote:Directive, do you have a link where the law says about recognising unmarried?
A really good link, no.

But see for instance http://ec.europa.eu/justice_home/fsj/ci ... ent_en.htm
To facilitate the movement of family members irrespective of whether they are EU nationals or not. The definition of 'family members' covers for the first time registered partners under the legislation of a Member State, if the legislation of the host Member State treats registered partners as equivalent to marriage. Other partners of EU citizens will not have an automatic right to entry and residence in the host Member State. However, the host Member State will have to "facilitate" the entry and residence of the partners with whom the EU citizen has a "durable relationship duly attested", taking into consideration their relationship with the EU citizen. Family members who are nationals of third countries also enjoy greater legal protection, for example in the event of death of the EU citizen on whom they depend, or the dissolution of the marriage under certain circumstances.

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