EU treaty for non â€“EU married to EU citizen

Angy · Post by **Angy** » Thu Jul 07, 2011 9:00 pm

I am British married to non-EU. Heâ€™s legally resident in Ireland since January 2011. We got married 1st June 2011 and I joined him in Ireland sooner after that. His stay permit expires in Oct 2011. My questions as below:

1.Can he apply for the EU treaty as a spouse for an EU (notice that i am not working).
2.In case that having a job for me is essential requirement, what are the other options (registering for a course at college or Uni???)

3.Any particular advice regarding our case, please

Thanks in advance[/b]

Angy · Post by **Angy** » Fri Jul 08, 2011 4:46 pm

Angy wrote:I am British married to non-EU. Heâ€™s legally resident in Ireland since January 2011. We got married 1st June 2011 and I joined him in Ireland sooner after that. His stay permit expires in Oct 2011. My questions as below:

1.Can he apply for the EU treaty as a spouse for an EU (notice that i am not working).
2.In case that having a job for me is essential requirement, what are the other options (registering for a course at college or Uni???)

3.Any particular advice regarding our case, please

Thanks in advance[/b]

Can anyone help on the above plz

fatty patty · Post by **fatty patty** » Fri Jul 08, 2011 10:40 pm

[quote]

An EU citizen residing in the State exercises their rights under the Regulations and the Directive by engaging in one of the following activities, as outlined in Regulation 6(2)(a) of the Regulations.

A. Employment
Where the EU citizen is working for an employer in the State. This may include vocational training programmes and some non proprietary directors of a registered company.

B. Self-employment
Where the EU citizen is a sole trader, in a business partnership, or is a proprietary director of a registered company operating in the State.

C. Study
Where the EU citizen is engaged in a course of study with a qualifying and recognised educational institute or college in the State, while possessing comprehensive sickness/health insurance in respect of them self, their spouse, and any dependants.

D. Involuntary unemployment
Where the EU citizen has been employed in the State for more than one year but has become involuntarily unemployed, and has registered as a job-seeker with a relevant office of the Department of Social Protection and FÃ

Angy · Post by **Angy** » Sat Jul 09, 2011 11:24 pm

[quote="fatty patty"][quote]

An EU citizen residing in the State exercises their rights under the Regulations and the Directive by engaging in one of the following activities, as outlined in Regulation 6(2)(a) of the Regulations.

A. Employment
Where the EU citizen is working for an employer in the State. This may include vocational training programmes and some non proprietary directors of a registered company.

B. Self-employment
Where the EU citizen is a sole trader, in a business partnership, or is a proprietary director of a registered company operating in the State.

C. Study
Where the EU citizen is engaged in a course of study with a qualifying and recognised educational institute or college in the State, while possessing comprehensive sickness/health insurance in respect of them self, their spouse, and any dependants.

D. Involuntary unemployment
Where the EU citizen has been employed in the State for more than one year but has become involuntarily unemployed, and has registered as a job-seeker with a relevant office of the Department of Social Protection and FÃ

Post by **Directive/2004/38/EC** » Sun Jul 10, 2011 2:35 am

Where did you get married?

Angy · Post by **Angy** » Sun Jul 10, 2011 11:50 am

We got married in London couple of months ago and have registered there.

Post by **Directive/2004/38/EC** » Sun Jul 10, 2011 1:18 pm

And what is his citizenship?

Angy · Post by **Angy** » Sun Jul 10, 2011 1:36 pm

He is Syrian

Angy · Post by **Angy** » Sun Jul 10, 2011 1:38 pm

His is Syrian and his stay permit in Ireland is valid until October 2011

Post by **Directive/2004/38/EC** » Mon Jul 11, 2011 1:04 am

Ok, so he is the family member of an EU citizen. He does not yet have a Residence Card (4EUFam) so can not automatically travel without a visa.

He will realistically need to get a visa. You can likely get one for Schengen pretty easily. I would recommend visiting Germany as it is a lovely place and they are normally well behaved in issuing visas.

Note you should be travelling together and should carry your marriage certificate.

Since you are not working, you may find it hard to get a visa for the UK (under the European rules). It might work or might not. Once you start working it should be easier.

Angy · Post by **Angy** » Wed Jul 13, 2011 10:37 pm

We talked to a solicitor at the citizen information office and he was unhelpful. He said that my husband should leave the country a day before his stay permit expires and apply the EU treaty from his original country... But I think as a husband of an EU citizen he can apply while he is in Ireland and doesnâ€™t need to leave the country in order to change his status.

Any advice?

Thanks

Post by **Directive/2004/38/EC** » Wed Jul 13, 2011 10:59 pm

The big issue has nothing to do with your husband. It is actually all about you, the EU citizen.

For the first 90 days in Ireland, you do not have any conditions on your stay. And during that time, you can do whatever you want.

After 90 days, you have to be working, a student, self employed, or self sufficient. If you are any of these, then your husband can stay.

Are you any of those?

Angy · Post by **Angy** » Wed Jul 13, 2011 11:09 pm

Am not working at the moment and made a claim for the job allowance yesterday. But am thinking to register for a one year full time course at a college as i want to do a diploma in HR development. Please note that I already have BSc computing. So should I take back my claim for the job allowance before i apply the course? Will the social welfare drop my claim if inform them about the course? What do you think?

Many thanks for your kind reply

)

Post by **Directive/2004/38/EC** » Wed Jul 13, 2011 11:48 pm

I have no idea.

But the point is, so long as you are doing one of these "good" things, then your husband has a right to stay. He should then apply for a Residence Card (4EUFam) and that will be done. No need to leave the country! If anyone in power tells you so, they are wrong.

Angy · Post by **Angy** » Wed Jul 27, 2011 1:05 pm

We are planing to apply for the EU1 treaty but am not sure if my husband and myself need to have a private medical insurance ... Any advise?.. Many thanks

Ben · Post by **Ben** » Wed Jul 27, 2011 1:12 pm

Angy wrote:We are planing to apply for the EU1 treaty but am not sure if my husband and myself need to have a private medical insurance ... Any advise?.. Many thanks

That depends on what your current activities in Ireland are. If you're working or self-employed neither of you need comprehensive sickness insurance. Otherwise, you both need it.

Angy · Post by **Angy** » Wed Jul 27, 2011 1:28 pm

I am not working but my husband works as a researcher at university.. Does he still needs a private health insurance? Many thanks

Ben · Post by **Ben** » Wed Jul 27, 2011 1:40 pm

Angy wrote:I am not working but my husband works as a researcher at university.. Does he still needs a private health insurance? Many thanks

Yes, as do you. As the EU national, it is your activities that are paramount, not your husband's. Is his application for a Residence Card to be based on his being the spouse of a UK national who is financially self-sufficient?

Angy · Post by **Angy** » Wed Jul 27, 2011 1:48 pm

I have applied for a full time Diploma course in HR development AND yes I do have sufficient resources to support myself... Can we still apply if i am a student?

Ben · Post by **Ben** » Wed Jul 27, 2011 1:49 pm

Angy wrote:I have applied for a full time Diploma course in HR development AND yes I do have sufficient resources to support myself... Can we still apply if i am a student?

Yes. Both categories require both to have comprehensive sickness insurance.

Angy · Post by **Angy** » Wed Jul 27, 2011 1:55 pm

Enough resources means to be able to support myself during the application process ( 6 months). Am i right? Many thanks for your kind reply

)

Ben · Post by **Ben** » Wed Jul 27, 2011 1:58 pm

Not only for the six months - for the duration of your envisaged period of residence in Ireland.

Post by **Directive/2004/38/EC** » Wed Jul 27, 2011 2:22 pm

Ben wrote:Not only for the six months - for the duration of your envisaged period of residence in Ireland.

I do not think so. You do not need to show, up front, 5 years of resources for instance.

Also, home country EHIC ( The European Health Insurance Card ) is sufficient as health insurance as a student in the UK, and the same should be true for Ireland

Angy · Post by **Angy** » Wed Jul 27, 2011 2:37 pm

Do you mean that I can use the UK medical card in Ireland?

86ti · Post by **86ti** » Wed Jul 27, 2011 2:42 pm

A British EHIC is only good for short-term holidays.

EDIT: should be 'temporary visit' instead.

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