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non-EEA spouse, Ireland, UK Family Visit visa

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

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luedmo
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Joined: Mon Jun 15, 2015 12:17 am

non-EEA spouse, Ireland, UK Family Visit visa

Post by luedmo » Sun Aug 09, 2015 4:52 pm

Hello Everyone,

Having read through the posts about non-EEA route I didn't quite yet find answers to my questions so here goes…

I am a UK citizen and my wife is non-EEA - Russian. She has a UK Family Visit visa valid for 180 days in a year. Our 2 kids are both dual nationals with UK & Russian passports and BCs. We are married with a translated apostilled marriage certificate.

For the last 5 years we have been getting ready for a UK Spouse Visa application (i.e. the language test etc.). But with the latest wave of changes to the UK immigration rules (April 5th 2015) we have decided to simply emigrate to lovely Ireland where I spent summers as a child, have friends and colleagues and can easily register as self-employed and continue working as I always have.

The UKVI authority helpline said my wife's UK Family visit visa is valid for entry into the Republic because she is a member of one the 18 countries which are part of the “Short Stay Visa waiver programme”.
https://www.dfa.ie/media/dfa/alldfawebs ... r-2014.pdf

My Question:
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If the whole family (i.e. me, wife & kids) enter Ireland together, with my wife entering on this “short stay visa waiver programme” i.e. using her UK family Visit visa which has 99 days valid - can we:

a) make sure we like it in Ireland (of course within the time allotted at the border to my wife on her UK family visit visa) and then later go along to the Garda / GNIB to submit form EU1 for a temporary GNIB card under the “Directive 2004/38/EC” route, in which I exercise my EU treaty rights? By then, I would also hope to have all my paperwork ready: self-employment registration, PPSN, PTRB papers, utility bills etc.. etc.. or:

b) must I exercise my EU treaty rights there and then at the border so my wife gets a “certificate of registration”?

c) does it make any difference if we do either a) or b)?

I hope this question makes some sense to someone out there, and if there is a URL where it covered elsewhere please let me know. Meantime, I look forwards to anyone’s help on this and wish everyone luck in their plans :)

Thanking you all in advance,

Rob

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