Non EU spouse

[cilla]

Hello everyone,

I'm an EU citizen and want to move to Ireland next year. However, my boyfriend is non EU (Brazil), we're getting married at the end of the year and he will come with me to study for one year in Dublin.

Since we really want to stay more than a year, how can we apply for a residence card for him (EU1, i guess)? I know I must be working/studying for at least 6 months, but can we apply for it before his student visa expires?

Does anyone know if we must provide any other evidences we've been together for a long time, or if just the marriage certificate will do? How long does it take? Can he work while the approval is pending?

thanks a lot for your help, we really appreciate it!

[walrusgumble]

Hello everyone,

I'm an EU citizen and want to move to Ireland next year. However, my boyfriend is non EU (Brazil), we're getting married at the end of the year and he will come with me to study for one year in Dublin.

Since we really want to stay more than a year, how can we apply for a residence card for him (EU1, i guess)? I know I must be working/studying for at least 6 months, but can we apply for it before his student visa expires?

Does anyone know if we must provide any other evidences we've been together for a long time, or if just the marriage certificate will do? How long does it take? Can he work while the approval is pending?

thanks a lot for your help, we really appreciate it!

If you do not get married, you can rely on de facto relationship. Each country has discretion over the required period. Like a few other EU countries, Ireland asks for a very excessive period, 4 years relationship. However, there can often be leeway. Bottom line, it would be easier on all fronts if you are married as their so NO discretion.

Either way, it might be better if you married first. It might not kill you to apply before coming. I would not bother though.

Either way, it would be an excellent idea to have proofs of relationship in another country (remember, if Ireland had got their way that would be one of a few ways non eu's would have got in, in light of the actual trend)

You will need to show that you meet the directive. Since you won't have much to prove relationship here, you should have proofs in the country where you are from. Simple stuff like bank accounts, utility bills, lease. Make sure that they are certified translations. the lazy gits in the INIS will not bother with "foreign language" lark. If you are going to be a student, make sure you have letter from college. It would be advisable that you get joint health insurance here. (don't worry, if you are lucky enough to get work)

Once registered, he should get a stamp immeditately whilst the application is pending (ie if you are staying for more than 6 months)

If you apply now, you might have problems with the de facto relationship requirement. I said might. Even if you were married now, you will need to proof that you have actually got a job lined up, or you are searching (register with job agency) or have a course.

It would be unlikely that they would give the 5 year residency immediately upon arrival, unless its guaranteed that you will be able to proof that you will be exercising your eu rights (including job searching) they would go course let ye in for the intitial 3 months. the normal position would be that you arrive first, and shortly later apply for the EU 1 whilst here, but, there is nothing in law to allow them to refuse if you make an application for EU 1 (from your home state) and provide evidence that you will be exercising your rights whether working/self employed/ study/self sufficient

Again, de facto relationship, although, , may vary (I have a feeling you might not have enough to merit it - any children?, ) might be a problem

In order to make suggestions, can you tell us what definite plans do you have?

What plans do you have, have you looked into the rent, lack of jobs, expenses etc?

[cilla]

Thanks for your quick reply, walrusgumble!

So, our initial plans were: we'd arrive there and he would apply for a student visa, while i would look for a job (he wants to take a General English course). Just when his student visa expires, we would make an application for EU 1.

But, after reading what you wrote, we think it'd be better if i was the one studying (maybe a tourism course, since i was already thinking about it anyway...) and he would come with me as my husband, so they would allow him to stay for the initial period of 3 months. Right after that, we would apply for the EU 1. So, if we do that, should we worry about evidences of our relationship even though we're married?

I'm asking because we're getting married, but we live in his mother's apartment, and every bill comes in her name (except mobile phone bills and other personal bills). We don't have joint bank accounts, lease, nothing. Just proof of trips together, loads of pics, emails, statements from family and friends, we have joint credit cards (i don't know if that's how you say)… Do you think they will ask for this kind of stuff? Or just the marriage certificate would be enough? That's what we're wondering....

In topics:

1- Only the marriage certificate is enough when applying for EU1 in Ireland?

2- What is the best option: I study, and he tries the EU1? He studies for a year and i look for a job, and as soon as i get it, we go to immigration and give the documents? Or both of us should be enrolled in a course?

Thanks once again! You'r really helping us!

[walrusgumble]

Thanks for your quick reply, walrusgumble!

So, our initial plans were: we'd arrive there and he would apply for a student visa, while i would look for a job (he wants to take a General English course). Just when his student visa expires, we would make an application for EU 1.

But, after reading what you wrote, we think it'd be better if i was the one studying (maybe a tourism course, since i was already thinking about it anyway...) and he would come with me as my husband, so they would allow him to stay for the initial period of 3 months. Right after that, we would apply for the EU 1. So, if we do that, should we worry about evidences of our relationship even though we're married?

I'm asking because we're getting married, but we live in his mother's apartment, and every bill comes in her name (except mobile phone bills and other personal bills). We don't have joint bank accounts, lease, nothing. Just proof of trips together, loads of pics, emails, statements from family and friends, we have joint credit cards (i don't know if that's how you say)… Do you think they will ask for this kind of stuff? Or just the marriage certificate would be enough? That's what we're wondering....

In topics:

1- Only the marriage certificate is enough when applying for EU1 in Ireland?

2- What is the best option: I study, and he tries the EU1? He studies for a year and i look for a job, and as soon as i get it, we go to immigration and give the documents? Or both of us should be enrolled in a course?

Thanks once again! You'r really helping us!

if your non eu spouse wanted to be a student, he would have status on his own basis, but under domestic law. he would have to, or it would be advisable to make the application before coming here. check www.inis.gov.ie for details.

As you know, there are no real problems for the first three months. But,if you are coming as a student, you better make sure that the finance is in order, and medicals etc. you would not have problems as eu stops putting unreasonable or any barriers. but as for family reunification... seriously seek advice from a lawyer.

You probably should start your job hunting now and get an idea of how you will get on looking for a job - 1/4 million are now unemployed, best of luck there.

any bills/offical letters to prove the relationship would suffice. look, its not really for the department to consider what is or is not a real marriage. some wait 2-5 years, some 6 months. i would imagine the fact that the non eu person entered and remained legal in ireland will cause less hassle. might be a good idea setting up the joint accounts etc. joint credit card is just as good as a bank account - ie joint finanacial commitment/liabilities. marriage cert enough, yes and no. it would be advisable to get proofs of relationship, that is if ye come here before marrying. marriage, ya its good, but it would still be advisable to have some proofs - the real documents needed are evidence of excersing eu rights.

to respond to the specific points

1. marraige cert. yes it should suffice - make sure there is a certified translation. it would be advisable to have a few proofs of residence, both here and in country of origin. stuff you have suggested is good.

2. just to make clear, as your partner is a non eu person, and you want family reunification on basis of eu law, it is your activities and not his that counts. you have to qualify under the directive 2004/38 ec in order to get family reunification - there is the issue of the treaty itself, but thats under quite a bit of attention in the ecj now. moving here made easy would be to comply with the directive.

(a)see if you can you get work first, then bring him over, then absolute no problems

(b) bring him over whilst you look for work. but if you have not found work after 6 months, he might not get registered

(c) let him apply under domestic law for a student visa. he will get a full year, which you might have liberty as seen in point b. it will be independent of you and less hassle. you simply move here and get established. i

(d)if you think its risky to come over as a job seeker you should enroll in a colege course. there you may be able to rely on eu law for husband (without him needing to go independent) seriously, it can be hard for family reunification via being a student finance wise so talk to a lawyer

[cilla]

I think the best option is to let him apply for a student visa and, after one year, we try the EU1... it seems to be less complicated!

Thanks a lot for your help!!!