Residency rights for British Citizens

[Latintraveller]

I am a British Citizen marrying my Non-EU fiancée in January. I hope to travel to Ireland in March. My future wife and her son will join me a few weeks later. I will fly to the UK and stay there for a few days before flying to Ireland.

My interpretation of this document is that as person entering Ireland through the common travel area has a virtually unconditional right to residency in Ireland without many of the restrictions placed on EU citizens in general. http://www.welfare.ie/EN/OperationalGui ... aspx#sect5

Who has a right to reside?
Subsection (6) sets out a list of persons who shall be taken as having a right to reside. These include -

1. Irish nationals have a right of residence in Ireland.

2. Although not expressly referred to in subsection (6), UK and EU nationals coming in from the Common Travel Area (CTA) also have a right to reside here under the CTA agreement.

3. EEA nationals who are employed or self employed in Ireland have a right to reside. Also –

EEA nationals who have been employed here for over a year and are now unemployed, may continue to reside provided they are registered as jobseekers with this Department and with FÁS,
EEA nationals who have been employed here for less than a year and are now unemployed, may remain for a further 6 months provided they are registered as jobseekers with this Department and with FÁS,
EEA nationals who have sufficient resources to support themselves, their spouse/civil partner and any accompanying dependents and have comprehensive sickness insurance,
EEA nationals may reside here as visitors or jobseekers for up to 3 months provided that they do not become a burden on the social welfare system of the State during that period.

"

By extension the document also mentions that my wife will have the same right of residency that I have;

Family members of EEA nationals (whether they are EEA nationals or not) have a right to reside, provided that the EEA national has such a right or has sufficient resources to support them.

Am I correct in my interpretation? I would be grateful for anyone else's experience.

[EUsmileWEallsmile]

I am not sure what your question is. If you as a British citizen (EU) chose to work, are a student or be self-sufficient in Ireland, then your spouse can join you.

Read directive 2004/38/EC

http://europa.eu/legislation_summaries/ ... 152_en.htm

[Latintraveller]

Section 3 of the quotation above mentions that "EEA nationals who are employed or self employed in Ireland have a right to reside." Whereas Section 2 states that persons entering through the Common Travel Area have a right to reside under the CTA agreement. It appears to me that persons entering through the Common Travel Area (and by extension their spouses) have less restrictions (such as proving that they are in gainful employment) than EEA nations in general. Is that your interpretation?

[EUsmileWEallsmile]

I don't know a great deal about the Irish regulations in terms of right to reside. The UK has something similar. In the UK's case, the regulations are designed to prevent most EU citizens claiming benefits in the UK (the Irish are treated more favourably).

Is your question about benefits or freedom of movement? If it is the latter, then stick to studying the directive 2004/38/EC.

[Latintraveller]

My concern is more about my future wife receiving the Stamp 4 card so that she can work Ireland without me having to show that I am earning over a certain threshold (either employed or self-employed). The notes to the Stamp 4 card application form EU1 mentions about sending in pay slips or self-employment records. The problem with this is that initially my pay or receipts may be very low, but of course with my wife working (that I believe the Stamp 4 card allows) will improve our situation considerably.

In contrast under Point 2 of the quotation above it appears that entrants from the CTA (and Irish Citizens under Point 1) do not have the same restrictions placed on them and by extension their spouses.

[EUsmileWEallsmile]

Employment needs to be "genuine and effective". It is possible to be a worker for the purposes of the directive 2004/38/ec even with a modest wage.

Regarding point 2 as you put it, this will be to do with benefits and not freedom of movement per se.

[Latintraveller]

Since though Irish citizens and other EU citizens who enter through the CTA have a right to reside and their non-EU spouses have the same rights as the EU spouse surely if; let's say an Irish citizen claimed the dole, that their non-EU spouse should not be deported (which I believe has happened). Am I correct in my assumption or do you feel that I am misinterpreting the document?

[EUsmileWEallsmile]

I strongly suggest that you study directive 2004/38/EC and relevant case law. It will be far more productive for you.

If you are interested in what the UK does regarding right to reside, you could start here

http://www.dwp.gov.uk/docs/dmgch0703.pdf

[Latintraveller]

Thanks for your replies and esp the linked document above. It appears to me that there are many laws to consider and some of which seem to be at conflict with each other.

I guess that if we endeavour unceasingly to find work (self-employed or employed) and try and stay away from the dole (esp. after the first three month period), possibly only availing ourselves of "family benefits" if absolutely necessary and for the minimum time possible we should be OK!