CTA rights when entering as EU citizen

[jcmbn]

My wife [British & EU dual citizen] and I are considering a moving to Ireland. As I have neither British nor EU citizenship, it would be simplest for her to exercise her EU right of free movement with me as a non-EU spouse.

Does anyone know what the situation is regarding rights under the CTA if someone is exercising their EU right of free movement? e.g. as my wife is retired, she'd be required to have health insurance as an E.U. citizen. Would she be able to access healthcare under the CTA rules?

I've not been able to find any info regarding people who have both CTA and EU eligibility, if anyone could point me to something I'd be grateful.

[Vadrar]

Just to clarify, in terms of moving to Ireland, Irish citizenship has a different set of rules (domestic Irish) than non-Irish EU citizens exerçising free movement.

There isn’t anything written for those who have both - you choose which protocol to use. As a Brit she has access to healthcare on the same terms as an Irish person. Irish healthcare isn’t free at the point of access, so the usual recommendation (unless on an income or age that qualifies for essentially free basic public healthcare)is to look into private healthcare and consider if it is useful, but it isn’t compulsory Brits in the way it is expected of EU citizens.

As her spouse you’d need to decide if you are applying as spouse of EU or British partner. Your rights will then be based on that protocol for health, immigration, works rights etc.

[Vadrar]

To add, you can’t exercise CTA rights as a non-Irish EU citizen, only as a Brit or Irish. It only exists for Brits and Irish. Technically the nationality she declares on entry is the nationality she is for that visit (except if she is British and Irish which has allowances to identify at will.) In practice, if she has healthcare insurance and isn’t relying on state support she is in, or exceeds, compliance with both protocols and officials are unlikely to care. Your immigration status, however, will be set when you apply.

[Vadrar]

Just to clarify, in terms of moving to Ireland, Irish citizenship has a different set of rules (domestic Irish) than non-Irish EU citizens exerçising free movement.

There isn’t anything written for those who have both - you choose which protocol to use. As a Brit she has access to healthcare on the same terms as an Irish person. Irish healthcare isn’t free at the point of access, so the usual recommendation (unless on an income or age that qualifies for essentially free basic public healthcare)is to look into private healthcare and consider if it is useful, but it isn’t compulsory Brits in the way it is expected of EU citizens.

As her spouse you’d need to decide if you are applying as spouse of EU or British partner. Your rights will then be based on that protocol for health, immigration, works rights etc (Edited to add:) and she’d need to prove she’s in compliance with that protocol at application. Anytime you renew she would need to prove she’d been in compliance during the historical period.

One other difference - if you are a visa required national applying as the spouse of a FoM EU spouse will mean you have an EU4Fam card which means you won’t need a visa for Schengen travel. Applying as a spouse of a Brit won’t get you that. You’d need a UK visa either way if you are a UK visa required nationals

[jcmbn]

Just to clarify: I am asking if my wife (British and non Irish EU citizen) retains her rights under CTA if she settles in Ireland as an EU citizen with me tagging along as spouse (non-British, non EU).

Settling as spouse of EU citizen is a lot less faffing around than as spouse under CTA. I am NOT expecting CTA rights to apply to me in this case.

I can already travel visa free in UK & Schengen countries so that's a non-issue.

[Vadrar]

CTA rights can’t be estranged while she holds British citizenship. But that doesn’t mean she can mix and match them with EU rights. As a metaphor, driving a car while holding a car licence and a taxi licence doesn’t mean the taxi licence right to drive in a taxi only lane is lost - but it can’t be used while driving a car on a car licence.

I think the question (and her while she is effectively your sponsor) is in what capacity is she sponsoring you. As, if I understand correctly, you are asking can she exert both EU and UK rights simultaneously. If she were not sponsoring anyone technically the answer is no, but in practice probably no-one would notice or care and it is likely people
are doing so under the radar.

If, however. she is sponsoring you as an EU citizen, it is a different situation as a declaration is being made in relation to you. That declaration is the relevant set of rights she enjoys because she’ll have to demonstrate how she is complying for you to get your permission. Compliance differs according to the protocol - including health insurance, but also days in state, income levels etc.

She hasn’t lost her CTA rights, but those are not the rights she’s accessing if she is sponsoring you as an EU citizen.

If you apply as a spouse of an EU citizen she needs to be fulfilling EU citizen obligations - both at time of first application and any renewal if you get one. She can’t cherry pick between rights if she wants to successfully sponsor someone.

If she has a UK pension she may be entitled to an S1. This may act as sufficient health insurance for EU needs (I believe it does for eg Brits in France etc) but you’d need to check, I’m only surmising. It is likely better/cheaper access than being an uninsured Irish/Brit in Ireland, but less good than being privately insured. That isn’t a CTA right however (as evidenced by it being used in France and it not being available to pre-retirement Brits in Ireland), but it doesn’t much matter. A UK pension could also be used to meet EU income requirements if it is high enough (again, not a CTA right - it’s a common route for Brits to meet requirements in Spain, Portugal etc and of course it isn’t based on citizenship at all- non-Brits qualify for British pensions if they’ve contributed) The other matters- days in state etc would then as EU FOM requires.

[jcmbn]

If you apply as a spouse of an EU citizen she needs to be fulfilling EU citizen obligations - both at time of first application and any renewal if you get one. She can’t cherry pick between rights if she wants to successfully sponsor someone.

Thanks for the clarity. I figured it would probably work like this, but couldn't find anything in black and white.