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When clock starts ticking for exercising treaty rights

Forum to discuss all things Blarney | Ireland immigration

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Latintraveller
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When clock starts ticking for exercising treaty rights

Post by Latintraveller » Tue Apr 09, 2013 8:53 pm

I am sure this has been answered before; but when does the three months clock start ticking in which one has to start exercising their treaty rights for their spouse to stay in Ireland?
Is is when they enter Ireland (in February in my case) or when their spouse enters Ireland (in March in my wife's case)?
Also does the EU1 form have to be completed three months after my entry to Ireland or three months after my wife's?
Thanks

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Wed Apr 10, 2013 6:02 pm

The clock for EU starts three months after your first entry for treaty rights.

A separate clock starts for non-EU spouse if entered post spouse in terms of deadline for making application, time spent toward five years' residence, etc.

chelsearob77
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Post by chelsearob77 » Fri Apr 12, 2013 5:41 am

EUsmileWEallsmile wrote:The clock for EU starts three months after your first entry for treaty rights.

A separate clock starts for non-EU spouse if entered post spouse in terms of deadline for making application, time spent toward five years' residence, etc.
So the EU1 form would need to be completed & submitted within the 90 days of the actual EU citizen entering Ireland right?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Apr 12, 2013 12:52 pm

@chelsearob77, Not necessarily.

Scenario 1: EU and non-EU enter together. Non-EU must complete within three months.
Scenario 2: EU arrives first. Non-EU joins later, Non-EU must complete within three months of their date of entry.

chelsearob77
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Post by chelsearob77 » Fri Apr 12, 2013 1:08 pm

EUsmileWEallsmile wrote:@chelsearob77, Not necessarily.

Scenario 1: EU and non-EU enter together. Non-EU must complete within three months.
Scenario 2: EU arrives first. Non-EU joins later, Non-EU must complete within three months of their date of entry.

Ok there say I was to go to Ireland first then my wife was to join me, would my wife non EU wife need to join me within 3 months of me entering Ireland or does that not matter?

IntegratedMigrant
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Post by IntegratedMigrant » Fri Apr 12, 2013 2:25 pm

chelsearob77 wrote: Ok there say I was to go to Ireland first then my wife was to join me, would my wife non EU wife need to join me within 3 months of me entering Ireland or does that not matter?
That doesn't matter
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Apr 12, 2013 9:12 pm

chelsearob77 wrote:
EUsmileWEallsmile wrote:@chelsearob77, Not necessarily.

Scenario 1: EU and non-EU enter together. Non-EU must complete within three months.
Scenario 2: EU arrives first. Non-EU joins later, Non-EU must complete within three months of their date of entry.

Ok there say I was to go to Ireland first then my wife was to join me, would my wife non EU wife need to join me within 3 months of me entering Ireland or does that not matter?
No, it would not matter, but the important thing for the EU is to have exercised treaty rights within three months of entry.

chelsearob77
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Post by chelsearob77 » Sat Apr 13, 2013 8:25 pm

EUsmileWEallsmile wrote:
chelsearob77 wrote:
EUsmileWEallsmile wrote:@chelsearob77, Not necessarily.

Scenario 1: EU and non-EU enter together. Non-EU must complete within three months.
Scenario 2: EU arrives first. Non-EU joins later, Non-EU must complete within three months of their date of entry.

Ok there say I was to go to Ireland first then my wife was to join me, would my wife non EU wife need to join me within 3 months of me entering Ireland or does that not matter?
No, it would not matter, but the important thing for the EU is to have exercised treaty rights within three months of entry.
Yes but how would i exercise treaty rights for my non EU wife within the 3 months of me entering Ireland if my wife is not there with me within the 3 months of me arriving?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Apr 14, 2013 9:15 am

I don't know how I can simplify it more for you.

Your wife can be with you as long as you are living legally, which means that for your first three months there are no conditions, thereafter you need to be a worker, self-sufficient, etc.

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