EU Treaty Rights in Ireland & moving with non-EU spouse

[Delaine]

Good afternoon all. Am new here & reading thru all the good information and advice on site. I hope someone can advise me. I am a British Citizen living in UK. I have had a job offer in Ireland and want to take up this job, but lately am thinking I would like my husband to be in Ireland with me. He does not have a good immigration history. He was in UK before and overstayed, plus was caught with a false ID card (although he did come to UK on his own genuine passport) and sent to prison for 9 months, then deported. I have since been to his country and we married there, before I came home. I am going to see him soon and wonder if we can travel straight to Ireland together from there. He does not need a visa. I would have sorted out accommodation in Ireland 1st as I have friends there. Can someone advise me: when we arrive in Ireland, at the port can Immigration turn him away and put him back on a plane home because of his previous history in UK and if so, can he appeal? Also, could he be allowed to enter Ireland as he is my husband, and appeal from there? Or does he have to go home to appeal? We plan to apply for EEA Residence Card when we arrive and to disclose full immigration history and just see what happens. We have not been married long but have been together for 2 1/2 years so I hope they will not say its a false marriage. I have been reading about 2 cases, Metock & Akrich which seem helpful, but I am not sure about these cases in relation to me maybe someone with more knowledge of these cases can advise.I hope someone can help, thank you.

[Ben]

Good afternoon all. Am new here & reading thru all the good information and advice on site. I hope someone can advise me. I am a British Citizen living in UK. I have had a job offer in Ireland and want to take up this job, but lately am thinking I would like my husband to be in Ireland with me. He does not have a good immigration history. He was in UK before and overstayed, plus was caught with a false ID card (although he did come to UK on his own genuine passport) and sent to prison for 9 months, then deported.

Don't worry about it. Your husband's immigration history in the UK has no effect on his right to join you in Ireland.

I have since been to his country and we married there, before I came home. I am going to see him soon and wonder if we can travel straight to Ireland together from there. He does not need a visa.

Yes, you can. What is your husband's country of citizenship (just to clarify)?

I would have sorted out accommodation in Ireland 1st as I have friends there. Can someone advise me: when we arrive in Ireland, at the port can Immigration turn him away and put him back on a plane home because of his previous history in UK

No. So long as you arrive with both of your passports, plus your marriage cert, he cannot be refused entry (unless he poses a risk to public safety..).

and if so, can he appeal? Also, could he be allowed to enter Ireland as he is my husband, and appeal from there? Or does he have to go home to appeal?

You're jumping the gun. From what you have said, you and your husband fulfil the requirements outlined in Directive 2004/38/EC. You have nothing to appeal.

We plan to apply for EEA Residence Card when we arrive and to disclose full immigration history and just see what happens.

Apply for his Residence Card using form EU1. There is no requirement (nor facility) to disclose prior immigration history in the UK (or elsewhere).

We have not been married long but have been together for 2 1/2 years so I hope they will not say its a false marriage.

There is no requirement to have been married for a certain length of time.

I have been reading about 2 cases, Metock & Akrich which seem helpful, but I am not sure about these cases in relation to me maybe someone with more knowledge of these cases can advise.I hope someone can help, thank you.

Metock provides that you and your husband need not be entering Ireland from within the EU. So yes, this judgement is important to you as it is relevant to your position.

Welcome to Ireland! Hope to be able to answer more of your questions if needed.