Stamp 4- Irish spouse registration

Hi all,

I just wanted to come on here to double check that I have everything correct regarding my registration at Burgh Quay for stamp 4 permission. It would also be great to hear some of your stories and experiences regarding your registration.

My partner and I married in the beautiful, sunny Gibraltar last year for our lovely destination wedding. We were living in the UK for 2 years but decided to relocate to Ireland. We’ve been in Ireland for quite a few months now but, since the closure of Burgh Quay due to the pandemic, have only been able to register now. For context, I am Australian and my husband is Irish.

It is my understanding that we must show our passports, our birth certificates, our marriage certificate and evidence of our joint address. I just wanted to double check that we haven’t neglected anything?

Thank you so much.

Proof of finances may also be required for initial registration. You should have documentary proofs such as your husband's P60 or salary slips etc.

See section 17 of the family reunification document.
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

It sounds like that you are going with domestic registration (Stamp 4) rather than applying for EU Treaty Rights (Stamp 4EUFAM). Any reason for that? You said your husband is Irish and has been living in the UK for 2 years before moving to Ireland. Has he been exercising EU Treaty Rights? If yes, has this been mentioned to the immigration control when you come to Ireland? Using EU Treaty Rights gives you much more flexibility and rights than what a typical Irish citizen spouse under domestic immigration laws would be entitled to.

(E.g. Stamp 4EUFAM holders can travel outside of Ireland for 6 months during a 12 month period, while Stamp 4 holders can only travel for 3 months; Stamp 4EUFAM holders get independent permanent residence rights after living in Ireland for 5 years, while there is no such comparable rights for Stamp 4 holders etc.)

Thanks for the response. I greatly appreciate that you've taken the time to respond!

We chose the Stamp 4 (as in, to apply for permission based on being the spouse of an Irish citizen) option as it seemed like the most suitable option for our circumstances.

Based on the INIS site, it states that we must display our birth certificates, marriage certificarte, passports and proof of address to demonstrate that we live together, when registering. We have all of that documentation. We were just wondering if there was any additional documentation that we should bring with us to the appointment. We're both more than happy to bring financial documentation with us, but it does not mention it for non-visa required nationals (http://www.inis.gov.ie/en/INIS/Pages/WP07000024). Should we bring additional documentation just in case it is necessary?

Thank you so much.

It is better to bring proofs of finances and proofs of health insurance.

INIS being INIS, the contents online are not always up to date or all in one place. The policy requires one to have proofs of finance and health insurance, so it’s good to bring them even though it’s not mentioned on their website.

Babybear123 wrote: ↑

Mon Jul 05, 2021 4:27 pm

Based on the INIS site, it states that we must display our birth certificates, marriage certificarte, passports and proof of address to demonstrate that we live together, when registering.

It is my understanding that non-visa nationals do not require either health insurance or proof of finances as per the section A. of that web page you referred to. Most non-visa nationals I'm aware of didn't require their birth certs either. Just marriage, address, and passport. I'd be interested to know if there's a small application form you need to fill in on the day (it seems to be up to the officer/location) so I'd appreciate your feedback on that. Good luck!

littlerr wrote: ↑

Mon Jul 05, 2021 12:59 am

Proof of finances may also be required for initial registration. You should have documentary proofs such as your husband's P60 or salary slips etc.

See section 17 of the family reunification document.
http://www.inis.gov.ie/en/INIS/Family%2 ... cument.pdf

It sounds like that you are going with domestic registration (Stamp 4) rather than applying for EU Treaty Rights (Stamp 4EUFAM). Any reason for that? You said your husband is Irish and has been living in the UK for 2 years before moving to Ireland. Has he been exercising EU Treaty Rights? If yes, has this been mentioned to the immigration control when you come to Ireland? Using EU Treaty Rights gives you much more flexibility and rights than what a typical Irish citizen spouse under domestic immigration laws would be entitled to.

(E.g. Stamp 4EUFAM holders can travel outside of Ireland for 6 months during a 12 month period, while Stamp 4 holders can only travel for 3 months; Stamp 4EUFAM holders get independent permanent residence rights after living in Ireland for 5 years, while there is no such comparable rights for Stamp 4 holders etc.)

The only difference between a 4 and 4eufam is visa free travel around europe which as australian this person already has and has it without the eu citizen being present.

All permissions are granted on the basis of you living in ireland and not abroad. Six months out would suggest ireland is not your permanent place of residence and would put your current permission at risk.

I belive the advice given here while well intentioned is not correct and should be taken under advisement by anyone that reads it unless you can provide something official to the contrary

Sunnydazeireland wrote: ↑

Tue Jul 06, 2021 6:19 pm

The only difference between a 4 and 4eufam is visa free travel around europe which as australian this person already has and has it without the eu citizen being present.

Incorrect. They are governed by different laws - Stamp 4 is under domestic laws, and Stamp 4EUFAM is under EU Treaty Rights. Stamp 4EUFAM offers MUCH more rights than Stamp 4 does. For example, permanent residency is an important difference. 4EUFAM holders can live in Ireland permanently after 5 years even if they lose their jobs, use benefits etc. Stamp 4 holders do not have this. The only thing comparable would be Stamp 5 which has to be renewed on merits of good behaviour and ability to independently support themselves. The ability to be independently living in the state rather than having to rely on the relationship with the EU national after 5 years is another. If the relationship breaks down at some point in future, Stamp 4EUFAM holders do not need to worry about anything about their immigration status.

Sunnydazeireland wrote: ↑

Tue Jul 06, 2021 6:19 pm

All permissions are granted on the basis of you living in ireland and not abroad. Six months out would suggest ireland is not your permanent place of residence and would put your current permission at risk.

Incorrect. Stamp 4EUFAM requires a person to be an ordinary resident in the hosting country. That is the only requirement for the non-EU spouse. Staying out of Ireland for out of 180 days a year is perfectly fine. Where does this 'risk' come from?

Sunnydazeireland wrote: ↑

Tue Jul 06, 2021 6:19 pm

I belive the advice given here while well intentioned is not correct and should be taken under advisement by anyone that reads it unless you can provide something official to the contrary

Everything I have said is under the legal wording of EU Treaty Rights. It's not that difficult to do a google. It has also been explicitly confirmed by INIS if you search my previous comments in the forum.

For your benefit, I'm quoting INIS's official correspondence so that you can refrain from misleading others in future.

From: BQ Reg Office <burghquayregoffice@justice.ie>
Sent: 06 May 2020 14:59
Subject: Re: Minimum residence requirement for Stamp 4 holders

Dear xxx,

I wish to acknowledge receipt of your email re: Minimum residence requirement for Stamp 4 holders

Generally, a residency permit holder is permitted to remain outside the State no more than 90 days consecutively without negative impact on their residency status.

Specific exceptions would take precedence over this, the IIP is an example of such. Permission under EU Treaty Rights in another exception where a person may remain outside the State for up to 180 days.