British Moving to Ireland with Non-EU family member

I am a Naturalised British and intend to move to Ireland with my wife who is a non-eu national with uk residence permit (2.5years) which will expire in January 2020.

My questions:

1. Does she need to have a valid Irish Visa if travelling with me to Ireland?

2.Does she have to apply for an Irish residence permit from the UK?

NB: We intend to leave with 4 British kids.

I would appreciate any assistance that can be rendered in this regard.

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

shpirtshqipe wrote: ↑

Fri Jul 05, 2019 9:44 am

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

The OPs spouse hold as spouse settlement visa under the UK Immigration Rules and not a residence card as a FM under the EEA rules.

The spouse likely needs a visa to travel to Ireland.

shpirtshqipe wrote: ↑

Fri Jul 05, 2019 9:44 am

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

That's not right. She needs a Type C Join Family visa, unless the OP was originally from another EU country and has been exercising his EU Treaty Rights in the UK.
Also it's not a "transfer" of residence permit. It's simply a new application of EU Treaty Rights once she arrives in Ireland.

For members who wish to advise, the OPs position is as follows :

1. OP was married to an EU spouse and attained PR in the UK in 2015 as a Non EU EEA FM.

2. Applied for British citizenship on form AN in 2016 as a non EU citizen.

3. So presumably the OP at some point divorced their EU spouse and married a Non EU citizen AFTER the OP became British, hence a 2.5 year spouse visa under the UK Immigration Rules (not RC from exercising treaty rights in another EU (non UK) state).

4. UK spouse visa does not permit visa free travel in the EU.

british-citizenship/documents-for-an-ap ... l#p1391074

CR001 wrote: ↑

Fri Jul 05, 2019 10:13 am

For members who wish to advise, the OPs position is as follows :

1. OP was married to an EU spouse and attained PR in the UK in 2015 as a Non EU EEA FM.

2. Applied for British citizenship on form AN in 2016 as a non EU citizen.

3. So presumably the OP at some point divorced their EU spouse and married a Non EU citizen AFTER the OP became British, hence a 2.5 year spouse visa under the UK Immigration Rules (not RC from exercising treaty rights in another EU (non UK) state).

4. UK spouse visa does not permit visa free travel in the EU.

british-citizenship/documents-for-an-ap ... l#p1391074

Very correct

Ah! The devil is in the detail

Good luck with your journey

I would advise you to wait u TIL Brexit. Although it will still remain common travel area in all probability but your wife will become spouse of non eu. Your wife may risk loosing U.K. residence and not getting Irish residence permit.
It’

CR001 wrote: ↑

Fri Jul 05, 2019 9:57 am

shpirtshqipe wrote: ↑

Fri Jul 05, 2019 9:44 am

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

The OPs spouse hold as spouse settlement visa under the UK Immigration Rules and not a residence card as a FM under the EEA rules.

The spouse likely needs a visa to travel to Ireland.

She does not hold a spouse settlement. She got her residence on the basis of kids, after which we got married.

Here is my position:

1. I married my EEA spouse in 2008, applied for residence card in 2009 when we came to UK together to live here.

2. Got RC in 2010, expired in 2015.

3. Applied for PR in 2015 as a Non EU EEA FM.

4. Applied for British citizenship on form AN in 2016 as a non EU citizen.

5. Got BC in 2017.

6. Divorced same year as 5 above. However marriage had been turbulent since 2015/16.

7. Married current spouse in 2018

8. Current spouse had some kids by me in the course of 1-7.



My new spouse has 2.5 years residence permit which will expire in January 2020 and we have both had good job offers in Ireland. Can someone advise on the best way to go about this?

Shall we wait till she renews her UK Residence Permit or would it be easy to transfer her UK residence permit and be able to live and work in Ireland?

Always useful to post exact details of circumstances if you expect strangers on the forum to offer any help.

My new spouse has 2.5 years residence permit which will expire in January 2020 and we have both had good job offers in Ireland. Can someone advise on the best way to go about this?

So she has FLR(FP) Parent route 2.5 year visa. Still a visa under the UK immigration rules and not the EEA rules.

Shall we wait till she renews her UK Residence Permit or would it be easy to transfer her UK residence permit and be able to live and work in Ireland?

You cannot 'transfer' her UK visa to an Irish one. She has to apply for a visa to travel to Ireland. Her UK visa is only relevant if she lives in the UK, it has nothing to do with an Irish visa (assuming you mean Republic of Ireland and not Northern Ireland). Bear in mind that the process for your spouse in Ireland (republic) before she can start working could take a few months.

littlerr wrote: ↑

Fri Jul 05, 2019 9:59 am

shpirtshqipe wrote: ↑

Fri Jul 05, 2019 9:44 am

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

That's not right. She needs a Type C Join Family visa, unless the OP was originally from another EU country and has been exercising his EU Treaty Rights in the UK.
Also it's not a "transfer" of residence permit. It's simply a new application of EU Treaty Rights once she arrives in Ireland.

CR001 wrote: ↑

Fri Jul 05, 2019 2:55 pm

Always useful to post exact details of circumstances if you expect strangers on the forum to offer any help.

My new spouse has 2.5 years residence permit which will expire in January 2020 and we have both had good job offers in Ireland. Can someone advise on the best way to go about this?

So she has FLR(FP) Parent route 2.5 year visa. Still a visa under the UK immigration rules and not the EEA rules.

Shall we wait till she renews her UK Residence Permit or would it be easy to transfer her UK residence permit and be able to live and work in Ireland?

You cannot 'transfer' her UK visa to an Irish one. She has to apply for a visa to travel to Ireland. Her UK visa is only relevant if she lives in the UK, it has nothing to do with an Irish visa (assuming you mean Republic of Ireland and not Northern Ireland). Bear in mind that the process for your spouse in Ireland (republic) before she can start working could take a few months.

littlerr wrote: ↑

Fri Jul 05, 2019 9:59 am

shpirtshqipe wrote: ↑

Fri Jul 05, 2019 9:44 am

1. No she doesn’t need a visa when travelling with you to Ireland

2. You’ll need to apply for the transfer of residence permit (known as EUFAM in Ireland) when she gets in Ireland. Bear in mind in doing so you are resetting the clock and your spouse will start the 5 years of residence permit from scratch. Similarly you risk her loosing the UK residence permit she currently has should you decide to return to the UK thereafter.

All the best

That's not right. She needs a Type C Join Family visa, unless the OP was originally from another EU country and has been exercising his EU Treaty Rights in the UK.
Also it's not a "transfer" of residence permit. It's simply a new application of EU Treaty Rights once she arrives in Ireland.

Thank you CR001.

Can she enter Ireland ( Republic ) on a Tourist Visa and then apply for residence permit there? Or do you advise we wait here in the UK and apply for her before we both leave. Alternatively do you suggest I go first?
I would appreciate your advise and others'

Per my previous comment, you need a Type C Join Family visa. Tourist visa will not work.

Thank you all

If your spouse leaves the UK too long then the residence permit will be cancelled and for Ireland you would have to get a tourist visa just like CR001 said and your spouse will have to get temporary residency after this stage before getting permanent residency

Thank you all. I will apply for an Irish Tourist/Family visit visa for my wife and once we get to Republic of Ireland, she will apply for a Family Join Visa. Is there a specified timeline for this? ( would appreciate if moderator can insert link, so as to know how long this takes, and to also add our timeline in the coming weeks.) Thank you