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McCarthy Ruling advice

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha

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SmiddyX
Newly Registered
Posts: 2
Joined: Wed Mar 26, 2014 11:24 am

McCarthy Ruling advice

Post by SmiddyX » Wed Mar 26, 2014 1:18 pm

I was born in England but moved to Ireland aged 6 when my family relocated in the 80's. I hold a British passport as i was born in London and an Irish Passport as my father is Irish.

I am living and working in Ireland and married to a non eu citizen who has a residence card for Ireland. We are expecting our first child and wish for her mother (a non eu) national to relocate to Ireland for a few years so we can both continue working after our baby's birth. As someone born in the UK but who now lives and works in Ireland and holds an Irish Passport can we avail of Directive 2004/38/EC? Technically i am excercising my rights of free movement by being a UK born person now living and working in Ireland albeit in Ireland for 29 years. Are we entitled to follow the EU route as there seems to be some varying opinions on the McCarthy ruling.

I have bank statement showing continued support of my mother in law as myself and my wife have sent 8000 euro in 18 months to her but when our child is born we will be unable to maintain this support.

Thanks in advance.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: McCarthy Ruling advice

Post by Obie » Wed Mar 26, 2014 1:27 pm

I believe the McCarthy rationale does not apply to you.
Smooth seas do not make skilful sailors

yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Re: McCarthy Ruling advice

Post by yankeegirl » Wed Mar 26, 2014 2:20 pm

Another option to consider...if you and your spouse have been married for at least three years (and living in Ireland for at least three years) then your spouse would be eligible to apply for Irish citizenship.

http://www.inis.gov.ie/en/INIS/Pages/WP11000014

SmiddyX
Newly Registered
Posts: 2
Joined: Wed Mar 26, 2014 11:24 am

Re: McCarthy Ruling advice

Post by SmiddyX » Wed Mar 26, 2014 4:09 pm

My wife is legally residing here and we will be applying for her Irish passport in November but we were hoping to bring my mother in law here and wondering if I can avail of the eu directive.

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