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uk national and non eu spouse wanting to move to Ireland

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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ofpoets
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Joined: Sat Sep 18, 2010 9:58 pm

uk national and non eu spouse wanting to move to Ireland

Post by ofpoets » Sat Sep 18, 2010 10:32 pm

Hello all. Firstly apologies if this topic has been posted previously. I'm a UK national (although have great great grandparents from Ireland) looking to relocate to beautiful Ireland - most likely Dublin. Naturally this isn't a problem for me being a UK national however my wife of 9 months is from Chile (200 years of independence from the Spanish today actually and made possible with the help of Bernardo O'Higgins of Irish decent for those interested!). She has had to return to Chile whilst we sort out a spouse visa for her to live here in England however I am rather disillusioned with the UK and would like to move to Ireland. Would anyone know if it's possible for both myself and my wife to move there without any problems if I were to establish work there ? What would be the requirements regarding a limit on stay for her and her ability to work? The Rules and regulations regarding entry to the UK change on a weekly basis and the British Government seem to be using using the Border Agency's extortionate fees to prop up UK's economy !

Many thanks for any help in advance

Lee

daddy
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Joined: Fri Dec 25, 2009 12:08 am

moving to ireland

Post by daddy » Sun Sep 19, 2010 1:36 am

When and where did you get married to your wife? if your marriage is recognised in that country, then you would not have a problem to come over here in Ireland and excersice your right and your wife joining you.

ofpoets
Newly Registered
Posts: 2
Joined: Sat Sep 18, 2010 9:58 pm

Re: moving to ireland

Post by ofpoets » Sun Sep 19, 2010 9:29 am

daddy wrote:When and where did you get married to your wife? if your marriage is recognised in that country, then you would not have a problem to come over here in Ireland and excersice your right and your wife joining you.
Many thanks for that. Appreciated. I was hoping that was the answer. UK law is changing so fast I was wondering if it was becoming the same in Ireland. I've just looked at the sticky on here for the rights regarding working/living there and it's dated 2007 unless there is a more up to date link that I've missed.

We got married in February this year in Gibraltar by the way.

Kind regards

Lee

John
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Joined: Wed Nov 10, 2004 2:54 pm
Location: Birmingham, England
United Kingdom

Post by John » Sun Sep 19, 2010 6:04 pm

The UK has a Foreign Marriages Act 1892 ... yes 1892 ... and it is still in force! When Ireland got independence, by default all British laws were also laws of the Irish Free State, later the Irish Republic, and that made total sense because it meant that they did not need to rush to pass laws covering thousands of subject. But of course having got independence they could repeal laws and make new laws.

But my understanding is that the British Act of 1892 is still actually in force in the Irish Republic, and if that is the case then if the marriage in Gibraltar was recognised as legal there in Gibraltar, then it will also be recognised as legal by the Irish Republic.
John

Directive/2004/38/EC
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Joined: Wed Oct 25, 2006 10:09 am
Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Sep 24, 2010 8:09 pm

As an EU citizen you can move to Ireland. If you work there, then you are exercising your treaty rights. Your family members, esp. in this case your wife, have the right to be with you and work.

If you later want to move back to the UK, you can do so under EU law. See http://eumovement.wordpress.com/2007/04 ... ional-law/

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