EU FAM card for Irish spouse

[wild_julia]

Hi there,

I am a Non EU spouse of an Irish citizen. We've been living in Dublin for the last 3 years. Does anyone know if I qualify for an EU fam card now that the EU Directive has been fully implemented in Ireland? (EU1 form)
I know I wasn't eligible before as the spouse of an Irish citizen living in Ireland, but today I was told by a girl in the Spanish embassy that I am now eligible and can apply for an EU fam card.

[ciaramc]

Julia:

I don't think you qualify...as you are a spouse of an Irish citizen....unless of course your spouse is exercising his treaty right in another EU Country!

For example...I'm an Irish citizen my husband is a Non-EU National, we live in Italy, so when I move back to Ireland I will use the EU.1 instead of National Irish law as I have been exercising my treaty rights (Italy).

Spouses of Irish citizens have to use Iraish national law!

[ca.funke]

Hi there,

I am a Non EU spouse of an Irish citizen. We've been living in Dublin for the last 3 years. Does anyone know if I qualify for an EU fam card now that the EU Directive has been fully implemented in Ireland? (EU1 form)
I know I wasn't eligible before as the spouse of an Irish citizen living in Ireland, but today I was told by a girl in the Spanish embassy that I am now eligible and can apply for an EU fam card.

Unfortunately, as the spouse of an Irish Citizen, you do not qualify under all circumstances

You DO qualify if you lived in another country of the Union with your spouse, and then return to Ireland together. (Pretty much as it was before for all of us)

The reason for this is, that the EU can only force a country to issue these cards to spouses, where the Union is concerned in one way or another. (Of course any EU-country would be free to widen this interpretation, but Ireland is least likely to do that.)

While an EU-citizen lives in Ireland, this is obviously a matter that involves the EU. The technical term usually used here is that the "EU-citizen is exercising treaty-rights".

When an Irish citizen returns to Ireland, after having lived elsewhere in the union, this is equally an EU-matter: The Irish citizen in question exercised treaty-rights in the past, and the commission feels it would be unfair if by moving back home you would suddenly loose rights you previously held. (By the way: Ireland does not acknowledge this yet, you would have to go through the courts to establish this right )

In your case, however, it seems that your Irish spouse never exercised treaty rights, and therefore you do not qualify for an EU1/EU4Fam card.

Just to substantiate a bit:

The law, Directive, 2004/38/EC (available here), article 3, section 1, states:

### ### ###
This Directive shall apply to all Union citizens who move
to or reside in a Member State other than that of which they
are a national, and to their family members as defined in point
2 of Article 2 who accompany or join them.
### ### ###

Your spouse did not "move to or reside in a Member State other than that of which" he is a national. So that's it.

Sorry about that, and good luck.

[wild_julia]

Sorry, just found out that my husband lived and worked in Germany for 3 months in 1999, he had a social security number etc.
Is that excercising EU rights? Do you think I will qualify this way?
What proof do they require? thanks

[ca.funke]

Sorry, just found out that my husband lived and worked in Germany for 3 months in 1999, he had a social security number etc.
Is that excercising EU rights? Do you think I will qualify this way?
What proof do they require? thanks

I hope someone knows about this, I don't.

I suspect this will not suffice, as you did not live in Germany with him. Therefore you never held EU-guaranteed-residency-rights. As a consequence, by not receiving an EU1 / EU4Fam-card, you do not loose any rights you previously held.

Additionally, 2004/38/EC only came into force some time in 2006, thus having lived in Germany in 1999 is probably irrelevant in any case.

But I (have to) give up, this is beyond my understanding of the law...

[ciaramc]

No julia you have to have been exercising within the past three months prior to applying!!! That's what I was told by the EU treaty rights section in Dublin!!!

Also Ca Funke you wrote;

When an Irish citizen returns to Ireland, after having lived elsewhere in the union, this is equally an EU-matter: The Irish citizen in question exercised treaty-rights in the past, and the commission feels it would be unfair if by moving back home you would suddenly loose rights you previously held. (By the way: Ireland does not acknowledge this yet, you would have to go through the courts to establish this right

I asked this exact question in an email I sent to the Treaty rights section in Dublin! First I was informed that I would be unable to use EU law......then I kindly explained to the lady in the treaty rights section that as a Irish and EU citizen living in another member state working for the last 7 years, I am entitled to use the EU1, she wrote promtly back to me telling me that in fact I was correct and I could use the EU1 on my return to Ireland!

[ca.funke]

I asked this exact question in an email I sent to the Treaty rights section in Dublin! First I was informed that I would be unable to use EU law......then I kindly explained to the lady in the treaty rights section that as a Irish and EU citizen living in another member state working for the last 7 years, I am entitled to use the EU1, she wrote promtly back to me telling me that in fact I was correct and I could use the EU1 on my return to Ireland!

I am amazed that GNIB/DoJ/INIS say this.

Does this scenario actually apply to you?
Are you planning to apply according to the above?

If so, please fill us in how this goes?!

[ciaramc]

Ca. Funke,

Yes I'm planning to apply using this rule!! When I eventually sort out my husbands documents here!! (Italy).

I have actually still got the email, from the Doj....i think I had posted it it in a previous post!

Don't worry will keep everyone informed on the outcome of my case.

[86ti]

When an Irish citizen returns to Ireland, after having lived elsewhere in the union, this is equally an EU-matter: The Irish citizen in question exercised treaty-rights in the past, and the commission feels it would be unfair if by moving back home you would suddenly loose rights you previously held. (By the way: Ireland does not acknowledge this yet, you would have to go through the courts to establish this right

I asked this exact question in an email I sent to the Treaty rights section in Dublin! First I was informed that I would be unable to use EU law......then I kindly explained to the lady in the treaty rights section that as a Irish and EU citizen living in another member state working for the last 7 years, I am entitled to use the EU1, she wrote promtly back to me telling me that in fact I was correct and I could use the EU1 on my return to Ireland!

That was exactly the question that I asked some time ago in the Europe forum but never got an answer. In another forum I got the answer that EU Regulation 1408/71 would be relevant in this case. Are there any other references?