non-EU-spouse: what are my options?

Hi all,
My Irish-born (and citizen) fiancee and I (Australian) are to be married later this year, and want to work out what our options will be for living and working in Europe once married. What rights would I have as a non-EU spouse of an Irish citizen with regards to residency and working in Ireland? Would I need a visa to live there? A work permit or authorisation to work there (I'm in IT)? Also, what about the UK, and elsewhere in Europe? For example, would we be able to live and work in Italy, or buy a business in Belgium, etc, without visa or work permit requirements?
Thanks in advance - appreciate all help - and happy new year!
Cheers
romas

romas767 wrote:Hi all,
My Irish-born (and citizen) fiancee and I (Australian) are to be married later this year, and want to work out what our options will be for living and working in Europe once married. What rights would I have as a non-EU spouse of an Irish citizen with regards to residency and working in Ireland? Would I need a visa to live there? A work permit or authorisation to work there (I'm in IT)?

You would need a visa. Contact the Irish Embassy.
And after three years living there, you could become an Irish citizen.

Also, what about the UK, and elsewhere in Europe? For example, would we be able to live and work in Italy, or buy a business in Belgium, etc, without visa or work permit requirements?

UK Your Irish husband should be able to sponsor you for a 'regular' UK spouse visa as Irish citizens have more rights in the UK than EEA nationals.

After about 2 years you could get permanent residence, and after 5 years (in total) you could become a British citizen.

As he's an Irish citizen he could instead sponsor you for an EEA family permit, simpler and cheaper than a regular UK spouse visa - BUT there's a sting in that it takes longer to get permanent residence (4 or possibly 5 years in future) and you could be left in a difficult position if your relationship ended before you got UK permanent residence. Same goes for a regular spouse visa however you get permanency sooner.

If your Irish spouse elects to be treated as an EEA national it may also cause problems claiming British citizenship for any children you have born in the UK, at least until you get permanent resident status.

You'd need to talk to a UK immigration solicitor if you wanted to explore the pros and cons of EEA permit vs regular spouse permit in more detail for the UK. In the meantime, take a look at http://www.ukvisas.gov.uk


Elsewhere in Europe Your Irish spouse should be able to sponsor you for the local equivalent of an "EEA family permit" in any EEA country, however be aware you may not have any realistic route to citizenship rights in that country and may be stuck long-term as a temporary resident. Again, you'd need professional advice from an immigration lawyer in the country in question to understand this in more detail.


Is your fiancee an Australian permanent resident? If so, has he thought about taking out Australian citizenship before he leaves Australia?

Thanks for the information, my wife to be also holds Australian citizenship. What type of visa would I as the non-EU spouse need to apply for for Ireland? Can this and visas for other countries be applied for from here in Australia? Are there any restrictions on the type of work I can do? Are there any potential problems being 'stuck' as a long-term temporary resident in any EU countries?

romas767 wrote:Thanks for the information, my wife to be also holds Australian citizenship. What type of visa would I as the non-EU spouse need to apply for for Ireland?

There is little information available online about Irish spouse visas. That's because they've had very few applications until recently and have handled things case by case.

Your best option is to write to the Irish Embassy and ask for information on the process.

Can this and visas for other countries be applied for from here in Australia?

Usually you must do things that way. It is generally not a good idea to show up in a country as a tourist if you plan to stay longer. And if you are uprooting yourself from Australia, you need the security of a visa stamp in your passport before you leave.

Are there any restrictions on the type of work I can do?

Usually no restrictions, but depending on your trade/profession you may need to meet local licensing requirements.

Are there any potential problems being 'stuck' as a long-term temporary resident in any EU countries?

That should be obvious. Why would you want to make your home somewhere if you can't become a citizen?

If you go to Ireland or the UK, you should be able to become a citizen after a number of years. You need to check the situation if you plan to go anywhere else - some EU countries have very restrictive citizenship laws, so don't assume anything.

http://www.oasis.gov.ie and http://www.irlgov.ie are useful websites if contemplating a move to Ireland.

Contact details for the Irish Embassy in Australia are on this webpage.

But a general point to Romas, you really do need to decide which country you want to move to! Ireland? UK? Iceland? Greece? etc etc