Spouse of EU citizen from Australia

Well after reading most of this forum I'm not very confident but i'll continue in hope anyway.

We're both from Australia but my wife holds a U.K passport. I hold an Australian one only.

We researched various avenues and were told by the Irish consulate/embassy in Canberra, Australia (after explaining our situation) that to move here all we would have to do was that I would have to register with the GNIB when I got here and I would have all the rights of my EU spouse / wife.

My wife is currently working and we have a place in the south of Dublin that we're renting a room in.
We thought we'd fulfilled all the requirements for my application to be processed so we posted it to the Department of justice on Friday.
I received in the post today all our documents back from them and a letter requesting further documents. These were for proof of my wife's employment status (easy - no problem) and proof of residence in another EU state. This we don't have.
We have 10 to submit these doc's to them or our application will be processed on the document's we have already submitted. I didn't think much of that until i did some research and found this forum.
Now I'm concerned. We sold up everything we had back in Australia to move here and we were under the impression that there wouldn't be any issue with what we were doing.

Any info you could supply me or advice you have would be greatly appreciated.

Anyone else in a similar situation (silly question I know after reading this forum, but any info appreciated).

A lot of us are going through the same situation.
http://www.immigrationboards.com/viewto ... 04&start=0

Receiving the Residency is supposed to be straightforward process.
http://ec.europa.eu/justice_home/fsj/ci ... ent_en.htm
http://ec.europa.eu/employment_social/f ... ily_en.htm

As we all know Ireland is violating this E.U directive.

You can contact this free information service from the E.U about your rights.

http://ec.europa.eu/citizensrights/fron ... dex_en.htm

In case you receive a negative response from the Department of Justice you can contact these organizations to help you out.
http://www.ec.europa.eu/solvit/site/sub ... dex_en.htm
http://ec.europa.eu/community_law/complaints/form/

ECAS - European Citizen Action Service

http://www.ecas.org/434/default.aspx?id=603
http://www.ecas.org/product/91/default.aspx?id=184
http://www.ecas.org/CONTACT%20US/2383/d ... spx?id=706
Claire Damilano
Legal Officer
Tel: +32 2 512 59 68
email: claire.Damilano@ecas.org

Camb: Under EEA Family Permit rules, if as a couple you have sufficient savings and are therefore financially self-sufficient then you don't have to actually be working when moving to another EU/EEA country.

check out this thread as well on this website

http://www.immigrationboards.com/viewtopic.php?t=15545

CamB wrote:Well after reading most of this forum I'm not very confident but i'll continue in hope anyway.

We're both from Australia but my wife holds a U.K passport. I hold an Australian one only.

We researched various avenues and were told by the Irish consulate/embassy in Canberra, Australia (after explaining our situation) that to move here all we would have to do was that I would have to register with the GNIB when I got here and I would have all the rights of my EU spouse / wife.

My wife is currently working and we have a place in the south of Dublin that we're renting a room in.
We thought we'd fulfilled all the requirements for my application to be processed so we posted it to the Department of justice on Friday.
I received in the post today all our documents back from them and a letter requesting further documents. These were for proof of my wife's employment status (easy - no problem) and proof of residence in another EU state. This we don't have.
We have 10 to submit these doc's to them or our application will be processed on the document's we have already submitted. I didn't think much of that until i did some research and found this forum.
Now I'm concerned. We sold up everything we had back in Australia to move here and we were under the impression that there wouldn't be any issue with what we were doing.

Unfortunately, based on the information others have posted, the Irish will likely refuse your residence application as you have not lived in another EU state. Unless they change policy, or the courts change the law etc.

It might have made more sense to settle in Northern Ireland, as then you would have been able to get a British passport after 3 years - after that, you could move south without any immigration hassles.

By any chance, does your wife have a parent or grandparent born in Ireland or Northern Ireland?

Also, is she an Australian citizen as well as British, and if not, does she hold a resident return visa for Australia?

You could go and stay in a hotel in Northern Ireland for a few days and then return back to Ireland. In theory this should take care of the requirement for proof of residence in another EU state (the UK) as there is no specific timeframe given for how long you should have resided in the other EU state.

Dawie wrote:You could go and stay in a hotel in Northern Ireland for a few days and then return back to Ireland. In theory this should take care of the requirement for proof of residence in another EU state (the UK) as there is no specific timeframe given for how long you should have resided in the other EU state.

You need to be resident in another eu country for more than 6 months.Also you need to show proof of residence there bills and etc etc

Once again this is what i was told by DOJ and is subject to correction.

This hotel theoury is just a complete waste but if wana try you can do it.
Personally i would say currently any news comming through unofficial channel should be treated with extreeme caution

Thanks everyone for the responses, greatly appreciated.

I'm wondering what happens when down the track my application is denied. Will I be asked to leave the country immediately? Will there be a period I can stay to appeal?

I just read over the EU1 form I downloaded off the DOJ website and there is nothing on there about having resided in another EU state. Not even in the Document checklist on page 4!!

ARGH!!!

Camb: The reason the Irish government website doesn't say that you have to have lived in another EU/EEA state before-hand is because under the EU/EEA rules that is not meant to be a requirement.

That only crops up in the Irish implementation of the EU/EEA rules ands it has caught a few people out already. But some applications are still successful!

Really??

Still successful?? How? anyone in a similar situation been successful?

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