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EU Fam to Spouse of Irish

Forum to discuss all things Blarney | Ireland immigration

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dublin3
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Location: ireland

EU Fam to Spouse of Irish

Post by dublin3 » Mon Nov 12, 2012 11:16 am

Hi everyone,
I am No Eu national (PAK) Married to an EU national (PL) I hold 4EUfam since for last 3 years and 3 months and we are married for nearly 4 years.. My spouse is now naturalized Irish citizen and I wanted to know if I can apply for Irish citizenship now or Do I have to switch to Stamp 4 and wait for 3 years before I could apply for Naturalisation? My 4Eufam is still Valid till Dec 2014.
My wife is is working full time for last 8 years and I also have a full time stable and good job. I also sent an e mail to citizenship section but they didn't reply so I thought I would ask here.
Thanks

Malika
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Posts: 151
Joined: Tue Mar 08, 2011 12:20 pm

Re: EU Fam to Spouse of Irish

Post by Malika » Mon Nov 12, 2012 1:36 pm

rebel82 wrote:Hi everyone,
I am No Eu national (PAK) Married to an EU national (PL) I hold 4EUfam since for last 3 years and 3 months and we are married for nearly 4 years.. My spouse is now naturalized Irish citizen and I wanted to know if I can apply for Irish citizenship now or Do I have to switch to Stamp 4 and wait for 3 years before I could apply for Naturalisation? My 4Eufam is still Valid till Dec 2014.
My wife is is working full time for last 8 years and I also have a full time stable and good job. I also sent an e mail to citizenship section but they didn't reply so I thought I would ask here.
Thanks
Why complicate things? as it is, you are perfectly alright..............when the time for applying for citizenship comes, indicate your wife is Naturalised and this might aid the process.
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

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

Post by dublin3 » Mon Nov 12, 2012 2:47 pm

Thank you for your reply.. I don't understand how its going to complicate anything? I just want to find out if I can apply now for after 1 and half years or may be 2.. If I can apply now I will save about year and half. I hope you know what I mean..

Malika
Member
Posts: 151
Joined: Tue Mar 08, 2011 12:20 pm

Post by Malika » Mon Nov 12, 2012 3:09 pm

rebel82 wrote:Thank you for your reply.. I don't understand how its going to complicate anything? I just want to find out if I can apply now for after 1 and half years or may be 2.. If I can apply now I will save about year and half. I hope you know what I mean..
What I meant by complicating things is that currently you are resident under EU Law, applying as spouse of an Irish National might throw up other issues because your residency prior to applying was not under Irish Immigration Law.

Hope someone can shed some light into this.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

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

Post by dublin3 » Mon Nov 12, 2012 3:35 pm

Thanks again for you reply. I think you are right. They could raise that issue that I don't have 3 years residence under Irish national law and I am still on EUfam. I hope someone else can shed some light on this one. I am also waiting for a e mail back from INIS. Thanks again for your time.

Regards,

Malika
Member
Posts: 151
Joined: Tue Mar 08, 2011 12:20 pm

Post by Malika » Mon Nov 12, 2012 4:04 pm

Edit: Sorry, my reply was meant for another post.
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

moataz adam
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Post by moataz adam » Mon Nov 12, 2012 5:55 pm

hi, my friend wife applied directly after her husband got naturalized,she got reference and her file current with the minister,they check only if u resident legally during those 3 years regardless of stamp type(4 or 4 eu fam).
any one has similar case?

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

Post by dublin3 » Mon Nov 12, 2012 6:02 pm

moataz adam wrote:hi, my friend wife applied directly after her husband got naturalized,she got reference and her file current with the minister,they check only if u resident legally during those 3 years regardless of stamp type(4 or 4 eu fam).
any one has similar case?
Hi, Thanks for you reply and information. Your friend was holding 4 EUfam before her husband got naturalized ? Citizenship section doesn't answer e mails I thought I would get some information here. I don't think so many people are in same situation so its hard to get information on this topic. I think I should give it a go.

Thanks again

Regards,

Hadi88
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Post by Hadi88 » Wed Nov 14, 2012 8:46 pm

Hi u have to apply from 4.5 years,and mention that ur wife is naturalised.it will be on ur favour. U let the section know and they can take months to reply.u have to consult phone the justice n equality office wed n friday.otherwise wait after 4.5 yrs after ur legalmarriage and then apply naturalisation on ur behalf rather than on irish wife

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: EU Fam to Spouse of Irish

Post by Directive/2004/38/EC » Thu Nov 29, 2012 2:00 pm

rebel82 wrote:Hi everyone,
I am No Eu national (PAK) Married to an EU national (PL) I hold 4EUfam since for last 3 years and 3 months and we are married for nearly 4 years.. My spouse is now naturalized Irish citizen and I wanted to know if I can apply for Irish citizenship now or Do I have to switch to Stamp 4 and wait for 3 years before I could apply for Naturalisation? My 4Eufam is still Valid till Dec 2014.
My wife is is working full time for last 8 years and I also have a full time stable and good job. I also sent an e mail to citizenship section but they didn't reply so I thought I would ask here.
Thanks
Did you marry in Ireland or were you already married when you got to Ireland?

Note that the date of issue of the 4EUFam card does not matter for getting Permanent Residence in Ireland.

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

Post by dublin3 » Thu Nov 29, 2012 3:49 pm

Hi Directive
Thank you for your reply. Yes we got married in Ireland in 2009 and we are living together since then and my wife is here for last 8 years and we both have permanent jobs.
I have sent an e mail to the citizenship section but never got reply I also have booked an appointment with the solicitor so I will find out if I can or no.I also called the immigrant council of Ireland but lady on the phone said No i am not eligible because I am still living as spouse of EU citizen and not the Irish so I can't. There is no problem waiting for another 1 and half year but If I am eligible then I can save that time.
Thanks again

Regards,

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri Nov 30, 2012 12:14 am

rebel82 wrote:Yes we got married in Ireland in 2009 and we are living together since then and my wife is here for last 8 years and we both have permanent jobs.
I have sent an e mail to the citizenship section but never got reply I also have booked an appointment with the solicitor so I will find out if I can or no.I also called the immigrant council of Ireland but lady on the phone said No i am not eligible because I am still living as spouse of EU citizen and not the Irish so I can't. There is no problem waiting for another 1 and half year but If I am eligible then I can save that time.
You are doing the right thing in thinking about options.

Note that your 5 years until PR began on the day you got married. The date of issue of the 4EUFam card does not matter.

Ben
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Post by Ben » Fri Nov 30, 2012 5:36 pm

I believe you can apply for naturalisation now. You are the spouse of an Irish national and you have been lawfully resident in Ireland for at least three years.
I am no longer posting publicly on this website - PM me if needed.

dublin3
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Posts: 388
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Location: ireland

Post by dublin3 » Fri Nov 30, 2012 5:56 pm

Ben wrote:I believe you can apply for naturalisation now. You are the spouse of an Irish national and you have been lawfully resident in Ireland for at least three years.
Thank you Ben
I have been told by one Solicitor and immigrant council or Ireland that I am not eligible because I am still resident under EU law I have to switch to Irish National Law and spend 3 years on that before I can apply. Another solicitor in Dublin told me you are eligible and your application will be accepted but she said she is not sure though. So I am going to bet 175 Euros :-)
Thank you again

Regards,

Ben
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Post by Ben » Fri Nov 30, 2012 6:11 pm

Total tripe. That solicitor ought to read the rules a bit more. There's nothing the Irish Nationality and Citizenship Act that states that it's necessary to switch or otherwise be resident under "Irish National Law and spend 3 years on that".
Section 15A wrote:Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant—
(a) is of full age,
(b) is of good character,
(c) is married to that citizen for a period of not less than 3 years,
(d) is in a marriage recognised under the laws of the State as subsisting,
(e) and that citizen are living together as husband and wife and that citizen submits to the Minister an affidavit in the prescribed form to that effect,
(f) had immediately before the date of the application a period of one year’s continuous residence in the island of Ireland,
(g) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
(h) intends in good faith to continue to reside in the island of Ireland after naturalisation, and
(i) has made, either before a judge of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
Those are the conditions of naturalisation based on being the spouse of an Irish citizen. If you meet them, lodge your application.
I am no longer posting publicly on this website - PM me if needed.

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

Post by dublin3 » Fri Nov 30, 2012 7:58 pm

Ben wrote:Total tripe. That solicitor ought to read the rules a bit more. There's nothing the Irish Nationality and Citizenship Act that states that it's necessary to switch or otherwise be resident under "Irish National Law and spend 3 years on that".
Section 15A wrote:Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse of an Irish citizen if satisfied that the applicant—
(a) is of full age,
(b) is of good character,
(c) is married to that citizen for a period of not less than 3 years,
(d) is in a marriage recognised under the laws of the State as subsisting,
(e) and that citizen are living together as husband and wife and that citizen submits to the Minister an affidavit in the prescribed form to that effect,
(f) had immediately before the date of the application a period of one year’s continuous residence in the island of Ireland,
(g) had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
(h) intends in good faith to continue to reside in the island of Ireland after naturalisation, and
(i) has made, either before a judge of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State.
Those are the conditions of naturalisation based on being the spouse of an Irish citizen. If you meet them, lodge your application.
Thank you very much
I will post if I get the acknowledgement letter from INIS.

Thanks again

Regards,

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