EuFam permit/

[Uk4ever]

Thanks to all

[doesnotcompute]

Does your spouse have dual citizenship, or is he/she entiteld to claim another EU citizenship?

Also, has she gone back to the UK without you?

[Monifé]

You could get your spouse to come to Ireland. Once you are living here with her in accordance with the Directive 2004/38/EC you are legal. She needs to be economically active, ie: self employed, employed or studying with sufficient resources and medical insurance.

Otherwise they will not accept your application.

If she has a good bit of money you can apply as her being self sufficient but this is a hard one to crack.

They should return your passport/documents within a month.

For the above application, you will need proof of joint residence, bills in your name, her name and/or both names. Bank statements with address on. They will also ask for PRTB form which takes up to 14 weeks to process and the landlord should pay for it if you are going to get new rental accomodation. You will need your marriage cert and some other documents to prove your relationship.

See: EU Treaty Rights and EU Treaty Rights Explanatory Leaflet

[Uk4ever]

Does your spouse have dual citizenship, or is he/she entiteld to claim another EU citizenship?

Also, has she gone back to the UK without you?

No, she only has UK nationality.
And yes, she is in UK now, she's coming to Eire regularly to see me.

[Uk4ever]

You could get your spouse to come to Ireland. Once you are living here with her in accordance with the Directive 2004/38/EC you are legal. She needs to be economically active, ie: self employed, employed or studying with sufficient resources and medical insurance.

Otherwise they will not accept your application.

If she has a good bit of money you can apply as her being self sufficient but this is a hard one to crack.

They should return your passport/documents within a month.

For the above application, you will need proof of joint residence, bills in your name, her name and/or both names. Bank statements with address on. They will also ask for PRTB form which takes up to 14 weeks to process and the landlord should pay for it if you are going to get new rental accomodation. You will need your marriage cert and some other documents to prove your relationship.

See: EU Treaty Rights and EU Treaty Rights Explanatory Leaflet

Getting all those things organized would take a significant amount of time, and since i haven't worked in nearly a year ( had a very serious accident, still recovering from it), this will prove a significant drain on our resources.
Any possibility of somehow "promising" to supply the necessary dox to GNIB/(DOJ?) at a later stage, yet obtaining that 6 months card within a couple of weeks?

For example, if an EU person is moving in to Eire, should they leave their non- EU spouse behind until this person settles in, gets that PRTB thing, bills , and so on.. Woudn't it be a break-up of a family?
Sure, that's what the Eu-Spouse visas are for, unfortunately the millions of different circumstances can't be solved with just one all-encompassing bit of legislation.
I think i have sidetracked somehow from the main issue though...

[Monifé]

Any possibility of somehow "promising" to supply the necessary dox to GNIB/(DOJ?) at a later stage, yet obtaining that 6 months card within a couple of weeks?

Unfortunately. no.

The EU Treaty Rights section of INIS will not accept your application as a valid application until you provide the basic documents listed. Once you have provided them, they should issue you with a temporary stamp 4.

I know this, because when we submitted my partners application, they wouldnt ackowledge it until we sent his passport (took a while trying to get it back from GNIB) and other members of this forum, didnt get the temporary stamp 4 straight away because they didnt submit all the required docs.

[Uk4ever]

[/qoute] I know this, because when we submitted my partners application, they wouldnt ackowledge it until we sent his passport (took a while trying to get it back from GNIB) and other members of this forum, didnt get the temporary stamp 4 straight away because they didnt submit all the required docs.[/quote]

I don't want to sound smart Monife, still, the passprt is definitely one of the main things they would be looking for to be submitted with an application ( no offence meant here).
I actually thought that that 6 months temporary card was issued exactly for that purpose : so the applicant would have enough time to gather all required dox ( some of them take months to obtain), and while their application is processed they are already in immigration system, otherwise they would have no status in the country after their 1 month entry stamp expired. Am i just confused?

[fatty patty]

You cannot have your spouse living in UK and you here in Ireland and also be able to exercise treaty rights. It doesn't work this way + it will be like taking a mickey out of the system which no offense dude, you are.

What monife has said its pretty much to the point + that user is speaking from experience.

Although if i might add i dont know but since you are hell bent on bending the rules....

Get your spouse a job here in Ireland or speak from your contacts to give him/her a job here (He/she must get PPS No. first). Get your spouse payslips, bills in both of your name, PRTB cert and bank statements and armed with this info apply in INIS (that is the only way pretty much).

They will not hold your passport back and give it back to you after few weeks of processing. Now you going to say but my spouse is not going to be working here in Ireland she is in UK...this means YOU are going to be paying her taxes/PRSI and employer's PRSI contributions so your spouse's supposed employer isn't out of his pocket. Little accounting exercise that is. By the way this is not hidden from INIS they know this kind of shananigans going on and are cracking down hard on it. fair play. see below....

http://findarticles.com/p/news-articles ... n54960580/

If you want my advise....honestly i strongly suggest that you go back to your home country and apply from there. But then again british authorities would like to know how long have you known each other/pictures of having good times (especially with that digital camera the ones that have dates on them), how long after you married etc. etc.

Take advise from a good solicitor on all the above matters, don't apply willy nilly thinking by marrying a british national it will be all fine.

[Uk4ever]

Shenanigans/sham marriage, ...our relationship is indeed true and real, and hopefully with someone's help/advice there will be a way for the two of us to live in peace and harmony, despite the beaurocratic obstacles.
Thanks anyway, fatty patty.

[Monifé]

I don't want to sound smart Monife, still, the passprt is definitely one of the main things they would be looking for to be submitted with an application ( no offence meant here).

Yes it is one of the main things, along with utility bills, rental contract, employment contract, payslips, bank statements etc. They are also main things, and are required before they will issue you a temporary stamp 4.

Fatty patty also has a good point. If you just go home and apply for UK spousal visa that way, it will probably be a lot less hassle and quicker. Spousal visas as far as I am aware take less than 4 months. Some take a few weeks if you are prepared. Also your negative immigration history shouldnt affect the application.

[walrusgumble]

If you want to live here,

get her over here now, but do not even think for one milisecond in making the application now! wait a while, you need lots of evidence. collect all travel evidence ie air tickets / emails etc proving travel to ireland. as serious array of utility bills etc. Monife is right, self sufficiency is not an easy one. it basically means well oiled insured etc. telephone calls, emails do not cut it! have you any bank statements showing transfer of money to each other?

Joint bank statements, joint accounts, and if you can, joint insurance policy help. no offense intended, but this, to the minister, with the current facts in hand would draw a huge no and give him all the reasons in the world to make him think all is not right. the court won't be able to over turn it and might not take too kindly to you working illegally under another name. (you would be admitting to breaking the law)

[walrusgumble]

Shenanigans/sham marriage, ...our relationship is indeed true and real, and hopefully with someone's help/advice there will be a way for the two of us to live in peace and harmony, despite the beaurocratic obstacles.
Thanks anyway, fatty patty.

it is not the people here that you need to convince. in fact people here are not interested in your private life. but you sought for advice, which everyone here has objectively given. if you don't like it well then, respectively, that is your problem. the facts you present, nothwithstanding the genuiness of your marriage, do not,objectively, in evidence, at this time, look good. the people here, did not just point this out, but have given helpful and free advise , many from personal experiennce, on how to solve your problems. both governments are suspicious of certain nationalities and as fatty stated, are well aware that incidents like the one presented is common ie spouses living apart and legality etc.

there is nothing beaurocractic here. you as the applicant is responsible for presenting your case. you must provide all the information provided and in your case more (ie photos etc, as patty explained) this takes time, so don't rush the application. the legislation sets out the requirements and conditions, which the evidence you provide making up its ingredients.

the point, the advice here alone makes it clear, that the only ways to legally sort your family life out is to follow the steps suggested by people here. failure to do that will give any government within the eu an excuse not to follow the metock case (one which the uk and in particular ireland would be only too happy to do)

[Obie]

In community law, there is a status called " Frontier Worker" it basically means that one can reside in one memberstate, or in their state of origin and work in another memberstate, and derive community rights in both member states. This is perfectly overboard. means. In actual fact, one does not need to reside in a memberstate to acquire the benifit of a migrant worker, ie securing rights of residence for their non-EEA family member, simply exercising a treaty right will suffice for that purpose.

It must be stated, OP, that you should thread carefully, as one wrong footing, could result in you experiencing the full force of the law, which is not nice. Just ensure whatever steps you take, you are doing, in accordance with community law.

[Uk4ever]

Thanks walrus grumble and Obie, you certainly made it a little more clear about my situation.
I didn't mean any offence to anyone on this forum, and i sincerely appreciate the advice that people here have given me.
My head is spinning with the complexity of the circumstances, and at the moment i just can't see a straightforward exit from it.

Thank you all.