Question about UK-Ireland Treaty Rights.

[alex1128]

1 - Is it possible to apply for a Family Permit for the UK if your partner is exersing treaty rights in The Republic of Ireland ?

2 - Is it possible to apply for a Family Permit for the Republic of Ireland if your partner is exersing treaty rights in The UK ?

[noajthan]

1 - Is it possible to apply for a Family Permit for the UK if your partner is exersing treaty rights in The Republic of Ireland ?

2 - Is it possible to apply for a Family Permit for the Republic of Ireland if your partner is exersing treaty rights in The UK ?

It's always possible to 'apply', whether granted is another question.

By "partner" do you mean partner or spouse?
What is your nationality & immigration status?

Do you mean apply for FP for a visit to (UK) or to enter UK for residence?
Where are you ? (FPs are applied for 'from abroad').

1) If this is part of Surinder Singh route (?), you would first have to be in Eire with partner too.
(Assuming you have no other permission to enter UK).

2) FP is a UK requirement - for entry into UK.

[alex1128]

1 - Is it possible to apply for a Family Permit for the UK if your partner is exersing treaty rights in The Republic of Ireland ?

2 - Is it possible to apply for a Family Permit for the Republic of Ireland if your partner is exersing treaty rights in The UK ?

It's always possible to 'apply', whether granted is another question.

By "partner" do you mean partner or spouse?
What is your nationality & immigration status?

Do you mean apply for FP for a visit to (UK) or to enter UK for residence?
Where are you ? (FPs are applied for 'from abroad').

1) If this is part of Surinder Singh route (?), you would first have to be in Eire with partner too.
(Assuming you have no other permission to enter UK).

2) FP is a UK requirement - for entry into UK.

I mean in the case of a spouse who are living in the UK
The EU spouse is exercing treaty rights with a full time job,
The non-EU spouse is on a student visa expiring june 2016.

They might move to Ireland by next summer,
that's why I am asking if the non-EU can apply for some sort of family permit in order to enter Ireland taking into consideration that the eu spouse is exercing treaty right in the uk? ?

[noajthan]

I mean in the case of a spouse who are living in the UK
The EU spouse is exercing treaty rights with a full time job,
The non-EU spouse is on a student visa expiring june 2016.

They might move to Ireland by next summer,
that's why I am asking if the non-EU can apply for some sort of family permit in order to enter Ireland taking into consideration that the eu spouse is exercing treaty right in the uk? ?

You should be able to enter Eire with spouse who is an EEA national (or to else join spouse who is already there).

Assuming you won't possess a RC, see option 2 in this post:
http://www.immigrationboards.com/europe ... 95372.html

Otherwise see INIS website:
http://www.inis.gov.ie/en/INIS/Pages/Fa ... 20citizens

[alex1128]

Alright Thx thats very helpful.

But let's assume they travel together to Eire with their passports and marriage certificate what kind of visa would be stamped on the non-Eu national ? and would she face any problem while returning back to the uk?

[noajthan]

Alright Thx thats very helpful.

But let's assume they travel together to Eire with their passports and marriage certificate what kind of visa would be stamped on the non-Eu national ? and would she face any problem while returning back to the uk?

To return to UK a FP may be required (depending on whether an Irish RC has been obtained in meantime).

See Surinder Singh threads in forum, eg:
http://www.immigrationboards.com/eea-ro ... %20success

[alex1128]

Alright that makes more sense now !!
so is there anyway for the non-eu spouse to apply for an irish rc while the husband is working in UK?

[noajthan]

Alright that makes more sense now !!
so is there anyway for the non-eu spouse to apply for an irish rc while the husband is working in UK?

No, the non-EU can only be in Eire with sponsor/spouse who is exercising treaty rights there.
No sponsor/no treaty rights (ie economic activity) in a.n.other EU country & its game over.

On top of that be aware UK imposes its own & controversial 'centre of life' requirements which drives a coach & horses through the European treaty law.

[alex1128]

You made it very clear !!
Thx Guru