Irish spouse visa or residence permit under ECJ Zambrano

[Jose1517]

hi Everyone. how is reading my post. i would you like some help please.:
Im from peru ( south america) ,(im living in peru now )
My wife have dual nationalities British /Irish soo she have 2 passports ( she was born in northen ireland)
We got married 3 years ago in Peru ( we got married on her british passport)
We have son of 2 years old ( he hold a british passport only )
she came to peru 2 times. and we lived together in peru for One Year and Half
We tried to apply for a uk spouse visa. but uk laws. are too complicated
and. aparently is imposible. for us live together in the uk .
And she plane to move with my son to The Republic of Ireland, so we can live there, and aparently is easy for me to go the Ireland:
should i apply for an Irish spouse visa or an Irish residence permit through my son under ECJ Zambrano ?
wich way will be the easier one?
the fact that my son dont have a Irish passport , thats mean he is not Irish?
does my son must have an Irish passport so i can apply for any of those options?
¿how long does my wife and my son have to live in The Republic of Ireland so i can apply for an Irish spouse visa or residence permit under ECJ Zambrano?
what documentations will i need to make any of those applications?
does anyone know. another options . so i can meet my family in Ireland?

Does an EEA family permit will work. in our case?
while she live in northen ireland trough her irish passport? or
for her and my son. living in The Republic of Ireland? Trough her British Passport?

[adlexy]

hi Everyone. how is reading my post. i would you like some help please.:
Im from peru ( south america) ,(im living in peru now )
My wife have dual nationalities British /Irish soo she have 2 passports ( she was born in northen ireland)
We got married 3 years ago in Peru ( we got married on her british passport)
We have son of 2 years old ( he hold a british passport only )
she came to peru 2 times. and we lived together in peru for One Year and Half
We tried to apply for a uk spouse visa. but uk laws. are too complicated
and. aparently is imposible. for us live together in the uk .
And she plane to move with my son to The Republic of Ireland, so we can live there, and aparently is easy for me to go the Ireland:
should i apply for an Irish spouse visa or an Irish residence permit through my son under ECJ Zambrano ?
wich way will be the easier one?
the fact that my son dont have a Irish passport , thats mean he is not Irish?
does my son must have an Irish passport so i can apply for any of those options?
¿how long does my wife and my son have to live in The Republic of Ireland so i can apply for an Irish spouse visa or residence permit under ECJ Zambrano?
what documentations will i need to make any of those applications?
does anyone know. another options . so i can meet my family in Ireland?

Does an EEA family permit will work. in our case?
while she live in northen ireland trough her irish passport? or
for her and my son. living in The Republic of Ireland? Trough her British Passport?

Hello

The sensible thing to do is what you and your wife plan to do: move to the Republic of Ireland which in this context is another EU country. Your wife will be able to exercise her EU free movement right by invoking the letters of the EU Directive.

You can choose to arrive in the Republic of Ireland on a visit visa if that is easy for you or alternatively, I think your wife can travel into Ireland with you and your son in which case you generally should not require any visa as a "family member" of an EU citizen travelling with the EU citizen. But the problem here is usually that airlines may not want to allow you travel without a visa

I will suggest that you study the directive to understand your rights better:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Where was your child born? In Peru, Northerm Ireland or in the UK?

You may also consider talking to an immigration lawyer.

All the best of luck!

[IQU]

definetly eu law under eu treaty...............

[agniukas]

There may be a problem under EUTR due to the fact that the EU citizen has both british and irish citizenship. I think Monife's case was similar and she couldn't go for EUTR, but spouse of Irish national instead....

[Monifé]

There may be a problem under EUTR due to the fact that the EU citizen has both british and irish citizenship. I think Monife's case was similar and she couldn't go for EUTR, but spouse of Irish national instead....

I think that seeing as the OP's spouse was born in Northern Ireland (which is technically classed as the UK), by her moving to the Republic of Ireland, she will be technically moving to another EU country and therefore can be afforded the rights under the directive and can have her spouse live with her under EU Treaty Rights.

If I had of moved to Northern Ireland because it is classed as the UK, I would have been afforded rights under the directive as an Irish national (using my Irish passport) moving to the "UK". The reason our application was refused is because I had never lived in another EU country other than that I was a national of (Republic of Ireland). I obtained my British passport through my fathers citizenship.

OP, your wife should move to the Republic of Ireland using her British passport and you can apply for a Join EU family member visa and travel after your wife or the Accompany EU family member visa and travel with her. Once in Ireland, apply for EU1 using your wife's British passport and once she is exercising treaty rights.

[xiaoci38]

Where was your child born? In Peru, Northerm Ireland or in the UK?

[Ben]

To echo the others..

If moving to ROI, easiest option for your case is to apply for an EUTR visa at the nearest Irish mission, enter Ireland, then apply for a residence card using form EU1.

If your spouse will be exercising a treaty right in Ireland (after the initial three months of arrival), Zambrano will not come in to it.

[sbruijn]

Hello,

My Peruvian husband and I married in the Netherlands, he could only enter with Dutch exam, that is a problem for him (language). Dutch people cannot get their partners into the Netherlands (EU law) only when they lived together in other European country, with proof you can return (if you have work). I got a job offer here in NI on the Dutch Helpdesk, that's why we now have the chance to live together. I got a job in Northern Ireland, and he could come over with a EAA Visa. http://www.spammer.com/uk/family-permit-married.aspx
hope this helps, in case you still didn't find a solution, I hope you did. Just saw this web site. s.de-bruijn monkeytale hotmail