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right of residence

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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dublin3
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Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

right of residence

Post by dublin3 » Fri Mar 08, 2013 9:46 pm

Hi all,
I am non EU married to EU citizen (Polish + Naturalised Irish ) Since 2009 holds stamp 4EUfam. We found out couple of weeks ago that we are expecting a baby in our family.. :D
We both have full time jobs and my wife is exercising her EU Treaty right since December 2004.
Now my question is since she wants to go to Poland in 4 months time and she will stay there for 10 months. She would still be employed by the way but I don't know how does it work.
Do I lose my right of residence the day she leave the country or if she is out 6 months. In October I will go to Poland for 2 months and stay with her.
I can also apply for Irish citizenship I think because she is Irish also but spouse of Irish citizen takes too long to process so I didn't apply and I am waiting to finish 5 years residence before I apply.
I am sorry for writing too much I just want to make sure how long she can stay out of Ireland before I lose my right of residence.

Thanks again

Regards,
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agniukas
Senior Member
Posts: 665
Joined: Fri Oct 31, 2008 7:19 pm

Post by agniukas » Fri Mar 08, 2013 10:08 pm

Absence of the EU citizen from Ireland for more than 6 months could have implications for you. There are some exceptions in the Regulation, check them out. I think it's Regulation 8.2 but not sure and cannot find it now.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 08, 2013 10:09 pm

Interesting questions. Those EU citizens who reside in another EU state, generally for five years, acquire permanent residence. This PR can be broken if the EU leaves the state for more than two years. In your wife's case, she would not lose her residence with the absence you describe (ignoring the Irish citizenship element for now).

This does not answer your question of course.
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agniukas
Senior Member
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Joined: Fri Oct 31, 2008 7:19 pm

Post by agniukas » Fri Mar 08, 2013 10:10 pm

i don't think that OP has permanent residence yet, therefore, the 2 year timelimit does not apply.
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EUsmileWEallsmile
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Post by EUsmileWEallsmile » Fri Mar 08, 2013 10:14 pm

agniukas wrote:i don't think that OP has permanent residence yet, therefore, the 2 year timelimit does not apply.
Not to the OP as such, but his wife's residence would not have been broken by an absence of more than six months as she has PR.

The OP can have absences of upto six months without interfering with residence timelines (or 12 months important reasons, childbirth amongst them).
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dublin3
- thin ice -
Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

Post by dublin3 » Sat Mar 09, 2013 11:43 am

Thank you EUsmile and agniukas my wife is permanent resident in Ireland.
So if she stay out 10 months from Ireland I would have no impact on my residence ? Also when I will be traveling and getting back to Ireland how will I convince the immigration office that I have a right to be here when my wife will be in Poland. I am sorry for so many questions but I don't want to have problem with the immigration.
Also my wife would be employed during this period (1 month holidays + maternity leave)
Thank you again for your help
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IQU
Diamond Member
Posts: 1020
Joined: Mon May 10, 2010 10:34 pm
Location: ireland

Post by IQU » Sat Mar 09, 2013 4:44 pm

dont worry you will be fine.dont worry about your visa thing.
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dublin3
- thin ice -
Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

Post by dublin3 » Sat Mar 09, 2013 5:05 pm

IQU wrote:dont worry you will be fine.dont worry about your visa thing.
Thank you IQU
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IntegratedMigrant
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Posts: 1036
Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Re: right of residence

Post by IntegratedMigrant » Sat Mar 09, 2013 9:11 pm

rebel82 wrote:I can also apply for Irish citizenship I think because she is Irish also but spouse of Irish citizen takes too long to process so I didn't apply and I am waiting to finish 5 years residence before I apply
There is no proof that applications based on marriage to an Irish national takes too long to process. In fact it is meant to be processed quicker than other applications.

Recently Spouses of Irish Nationals that applied in March, April, May, June and July all got a letter from the minister that he intends to grant citizenship. If your case is straight forward enough then I urge you to apply now.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.
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dublin3
- thin ice -
Posts: 388
Joined: Sat Aug 29, 2009 11:01 am
Location: ireland

Re: right of residence

Post by dublin3 » Sat Mar 09, 2013 9:38 pm

IntegratedMigrant wrote:
rebel82 wrote:I can also apply for Irish citizenship I think because she is Irish also but spouse of Irish citizen takes too long to process so I didn't apply and I am waiting to finish 5 years residence before I apply
There is no proof that applications based on marriage to an Irish national takes too long to process. In fact it is meant to be processed quicker than other applications.

Recently Spouses of Irish Nationals that applied in March, April, May, June and July all got a letter from the minister that he intends to grant citizenship. If your case is straight forward enough then I urge you to apply now.
Thank you IntegratedMigrant! I read on this forum people who applied as a spouse of Irish Citizen waiting for years and people who applied after 5 years of residence they got it fairly quickly.
I guess I should start processing then if people are getting reply within 6 months .
Thanks again
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Obie
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Ireland

Post by Obie » Sun Mar 10, 2013 10:18 pm

I agree that if your wife went away for less than 2 years, then your right of residence will not be affected.

I will strongly advise that you make the Irish nationality application, as it does no harm and doesn't cost anything until the application is approved.

Even if they take two years to process it, by the time you are due to apply for PR, you would have got your citizenship approved anyway.

I wish you all the best.
Smooth seas do not make skilful sailors
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agniukas
Senior Member
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Joined: Fri Oct 31, 2008 7:19 pm

Post by agniukas » Mon Mar 11, 2013 6:35 pm

Obie, just to correct you a bit... it costs 175 EUR to lodge an application for naturalisation :wink:
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IntegratedMigrant
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Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Mon Mar 11, 2013 8:17 pm

agniukas wrote:Obie, just to correct you a bit... it costs 175 EUR to lodge an application for naturalisation :wink:
Some documents to Certify, a Statutory Declaration to sign, photocopies, documents translation, all these cost as well.

But then the benefits if approved outweighs the EURO :wink:
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.
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IntegratedMigrant
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Posts: 1036
Joined: Tue Dec 11, 2012 11:43 pm
Location: Irish Naturalisation & Immigration

Post by IntegratedMigrant » Mon Mar 11, 2013 8:18 pm

Oh, I didn't mention the fact that you'll send these documents via registered post :idea:
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.
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