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Clarification of Naturalization and long term residency

Forum to discuss all things Blarney | Ireland immigration

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knapps
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Location: cork

Clarification of Naturalization and long term residency

Post by knapps » Tue Nov 09, 2010 2:27 pm

deleting
Last edited by knapps on Thu Nov 11, 2010 8:59 am, edited 1 time in total.

fatty patty
Senior Member
Posts: 518
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Location: Irlanda

Post by fatty patty » Tue Nov 09, 2010 2:53 pm

Permanent residence
After living legally in another EU country continuously for 5 years, your non-EU spouse, (grand)children or (grand)parents automatically acquire the right of permanent residence there without having to meet any further conditions - they can stay as long as they want even if they don't work and need income support.

Their continuity of residence is not affected by:

temporary absences (less than 6 months a year)
longer absences (compulsory military service)
one absence of no more than 12 consecutive months for important reasons like pregnancy and childbirth, serious illness, work, vocational training or a posting to another country.
They should enjoy the same rights, benefits and advantages as nationals.

They can lose their right to permanent residence if they live outside the country over 2 consecutive years.

Workers
If you were working or self-employed in another EU country and died before acquiring permanent residence there, your non-EU spouse, (grand)children or (grand)parents may receive special treatment. This may include permission to stay permanently if:

your death resulted from an accident at work or occupational disease, or
at the time of your death, you had lived continuously in that country for at least 2 years.
Permanent residence card
Towards the end of their 5th year of continuous legal residence your non-EU spouse, (grand) children or (grand) parents should apply to the authorities for a permanent residence card.

The permanent residence card is often issued free of charge (or for the same price as identity cards for nationals).

The card should be valid for 10 years and is automatically renewable without ay condition or requirement.

When applying for their permanent residence card, they must present proof they've been living legally in the country for 5 years - for example, a valid residence card issued 5 years ago.

If you have problems getting a permanent residence card for your non-EU spouse, (grand)children or (grand)parents, you can call on our assistance service.

Request to leave / Expulsion
Your non-EU spouse, (grand)children or (grand)parents may live with you in another EU country as long as they continue to meet the conditions for residence. If they no longer do so, the national authorities may require them to leave - but they cannot be expelled.

In exceptional cases, your new country can decide to expel them on grounds of public policy or public security but only if it can prove they represent a very serious threat.

The expulsion decision or the request to leave must be given to them in writing, stating all the grounds, how they can appeal and by when.
source: http://ec.europa.eu/youreurope/citizens ... nts_en.htm

Remember its from the date when you got your stamp by INIS. Not the date you said "I DO" to your spouse and vice versa. :)

knapps
Member of Standing
Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Tue Nov 09, 2010 6:51 pm

so, i hope im not missing something here..it means i can apply now??

fatty patty
Senior Member
Posts: 518
Joined: Wed Feb 03, 2010 3:25 pm
Location: Irlanda

Post by fatty patty » Tue Nov 09, 2010 7:33 pm

knapps wrote:so, i hope im not missing something here..it means i can apply now??
If you have done 5 years on EUFAM visa yes you defo can apply. If you are less than that, but lived in Ireland on the basis of work permit making it upto 5 years on permit/eufam combine i think you still can apply (get that double checked). But if you were student/visitor few years and then EUfam less than 5 years then it will not count. That's pretty much my understanding to it.

knapps
Member of Standing
Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Tue Nov 09, 2010 9:17 pm

hmmm..so being student legally does not count:(((( well in that case i must wait

Wisco
Junior Member
Posts: 66
Joined: Thu Jun 17, 2010 9:44 am
Location: Ireland

Post by Wisco » Wed Nov 10, 2010 9:47 am

No, time on a student visa does not apply when counting your reckonable residency of 60 months.

knapps
Member of Standing
Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Thu Nov 11, 2010 8:59 am

How do you delete a post here??

fatty patty
Senior Member
Posts: 518
Joined: Wed Feb 03, 2010 3:25 pm
Location: Irlanda

Post by fatty patty » Thu Nov 11, 2010 9:16 am

knapps wrote:How do you delete a post here??
I think you can edit it but cannot delete it. Probably the admins/moderators would help you on this.

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