EEA Family Permit

Hello,

I am wondering what the implication of Brexit will have on EEA Family Permit, specifically when it comes to moving to Ireland with my British wife (I am non-EEA). I have recently applied for a Spouse Visa but we were considering moving to Ireland IF the Visa was rejected.

Would my wife need to move to Ireland before the end of the year before I can apply for EEA Family Permit? Is it possible to apply before the end of the year on the basis that we would move together in 2021?

I am not sure if Ireland is a special case when it comes to immigration after Brexit or not..the only info I got is from citizeninformation.ie saying:

"Information about the status of non-EEA family members of UK citizens who hope to come to Ireland after the transition period has finished (31 December 2020) will be published on citizensinformation.ie when it is available."

Our whole concern is my wife not having the time to move to Ireland before the end of the year.

EEA Family Permit is a visa issued by the UK authority. Ireland does not recognise such permit.

I presume your wife lives in the UK, so she won't be able to apply for a 'Residence card of a family member of a Union citizen' for you. As a result, you will need to apply for a Type C Join Family visa now. As part of the application, you need to demonstrate that both your wife and you intend to move to Ireland before the end of the year, to avoid any uncertainty of Brexit.

Ireland and the UK share the Common Travel Area so there may be a special treaty post-Brexit for their family members. However, nothing has been confirmed at the moment, so it's a complete unknown at the moment.

littlerr wrote: ↑

Tue Sep 01, 2020 4:07 pm

EEA Family Permit is a visa issued by the UK authority. Ireland does not recognise such permit.

I presume your wife lives in the UK, so she won't be able to apply for a 'Residence card of a family member of a Union citizen' for you. As a result, you will need to apply for a Type C Join Family visa now. As part of the application, you need to demonstrate that both your wife and you intend to move to Ireland before the end of the year, to avoid any uncertainty of Brexit.

Ireland and the UK share the Common Travel Area so there may be a special treaty post-Brexit for their family members. However, nothing has been confirmed at the moment, so it's a complete unknown at the moment.

Hi littlerr, thank you for your clarifying this. A quick research on a Join Family visa says the processing time is between 6 and 12 months. Is that correct?

If you apply for a EUTR visa after being denied a spouse visa in the UK, you will be under suspicion of visa shopping and attempting to sneak into the UK via the CTA. Doesn't mean you wouldn't get it, but you'd have to work harder and genuinely be moving to Ireland.

Granista wrote: ↑

Wed Sep 02, 2020 12:43 pm

If you apply for a EUTR visa after being denied a spouse visa in the UK, you will be under suspicion of visa shopping and attempting to sneak into the UK via the CTA. Doesn't mean you wouldn't get it, but you'd have to work harder and genuinely be moving to Ireland.

Hi Granista, I understand that makes sense.
My wife and I really just want to be together and genuinely do not mind moving to another country to do that. We might just wait for 6 or 7 more months to re-apply for Spouse Visa if the Join Family visa takes so long to process...
Either that or I'd try to get a work visa somewhere we can both move to.

EUTR visa only takes a few weeks, if you have all docs and its straightforward.