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EEA route fro my non EU wife

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Graham Weifang
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Posts: 239
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Location: Cheshire, UK
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China

EEA route fro my non EU wife

Post by Graham Weifang » Thu Jan 24, 2013 6:14 am

Good morning all,

It appears that the UKBA's efforts to place as many conditions and obstacles in ones way, when wanting to settle in UK with one's Non EU wife, directs the married couple to the fair Green Emerald Isle of Ireland.

With my family history (Grandmother and Grandfather, ) down in Cork, and a surname of O'Sullivan, what have we got to lose !

I possibly may even be able to ask for a Irish passport, based on my ancestral past?

It appears almost that without delay, I (we) should be making plans for a residential stay in Ireland.

I know a few friends in Dublin, so I guess a temporary job, for 6 months could be arranged, and some cheap, 1 bedroom accommodation would also have to be found.
(What would the starting price be for monthly rent?)

Any way, prior to departing China, where we live, I guess her should apply for a visa, (noting that Ireland is not party to Shengen) that enables her to travel with me.
Could a kind person who has information, please suggest the correct visa for her to apply for?

So, if I can wind forward a few months, and take us to the stage, where we have both arrived in Ireland, and have moved into a cheap 1 bedroom apartment, and for example I have started a small job, with "XYZ" Co.Ltd, on a poorly paid 200 euro a week.

I don't mind, a low pay job, as we have some savings we can use to keep us afloat for the duration needed to acquire the Family residence permit, with the stamp.
At least the job gets me into the tax records, not that I hope to be paying much, or any tax on a small wage.

If any one can please fill in the missing info, I would be ecstatic !

I am already warming to the idea of 6 months "holiday" 'ish in Ireland

Gra.

Malika
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Post by Malika » Thu Jan 24, 2013 11:08 am

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

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Thu Jan 24, 2013 7:21 pm

Your wife can apply for a short term entry visa for Ireland at the embassy in China. (I presume your wife is Chinese).

Brigid from Ireland
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Post by Brigid from Ireland » Mon Jan 28, 2013 6:06 pm

If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.

If you are entitled to register, your Irish citizenship is effective from the date of registration. The Irish citizenship of successive generations may be maintained in this way by each generation ensuring their registration in the Foreign Births Register before the birth of the next generation.

Since 1 July 1986, a person registered in the Foreign Births Entry Book after 1986 is deemed to be an Irish citizen only from the date of his/her entry in the Register and not from the date of birth. This means that children born to that person before his/her date of entry in the Register are not entitled to citizenship.

You should register in the Foreign Births Register as soon as possible, because if your wife has a child after you register as an Irish citizen, that child can also be registered, and this makes her the parent of an Irish citizen and confers on her the right to live in Ireland with her Irish citizen child.

If a child is born before you register, that child does not become an Irish citizen.
BL

Brigid from Ireland
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Post by Brigid from Ireland » Mon Jan 28, 2013 6:15 pm

If you expect poor pay, you should look for accommodation somewhere like Longford town. This has a good rail link to Dublin - you could commute by car either - and accommodation is cheaper than Dublin.

One room (a bedroom with facilities shared with others) in Dublin is about 100/week. Check daft.ie for cost of accommodation elsewhere.

Once you get a job, you could look for Supplementary Welfare Allowance.

If the job is minimum wage (8.65/hour) you would have about 250 euro if you worked 30 hours per week. If you worked less than 30 hours per week, you could apply for Supplementary Welfare - this would be hard to get, but as an EU migrant worker (ie a British citizen) you would have a good chance of getting it. This tops you up to a living wage, which is considered 188 for you, 124 for the wife per week. Therefore 312/week, from which you pay 32 for accommodation. So if you had less than 280 left per week, you could apply for SWA or rent supplement. Not saying you would get either, but you would have a good chance.

You are correct on the importance of getting into the tax records - one day of work transfers your rights from Britain to Ireland. When did you last work in Britain - what year - as it may be possible for you to get Jobseekers benefit if you worked in 2011 in the UK/Europe.
BL

jeupsy
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Post by jeupsy » Mon Jan 28, 2013 10:03 pm

What citizenship do you currently hold?

If you are an EU citizen, definitely don't apply for Irish citizenship at this stage.

If you are not Irish she can apply for a Stamp 4 EUFAM under EU Treaty Rights, which is better than the Stamp 4 she would get if you were Irish.

If you want the Irish passport, just wait for her to get her residence card first :-)

Graham Weifang
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Location: Cheshire, UK
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Post by Graham Weifang » Tue Jan 29, 2013 4:04 pm

EUsmileWEallsmile wrote:Your wife can apply for a short term entry visa for Ireland at the embassy in China. (I presume your wife is Chinese).
.
Hi,

You are correct.
Her is Chinese and I am from UK

Thank you,

vette

Graham Weifang
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Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
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China

Post by Graham Weifang » Tue Jan 29, 2013 4:06 pm

Brigid from Ireland wrote:If one of your grandparents is an Irish citizen but none of your parents was born in Ireland, you may become an Irish citizen. You will need to have your birth registered in the Foreign Births Register.

If you are entitled to register, your Irish citizenship is effective from the date of registration. The Irish citizenship of successive generations may be maintained in this way by each generation ensuring their registration in the Foreign Births Register before the birth of the next generation.

Since 1 July 1986, a person registered in the Foreign Births Entry Book after 1986 is deemed to be an Irish citizen only from the date of his/her entry in the Register and not from the date of birth. This means that children born to that person before his/her date of entry in the Register are not entitled to citizenship.

You should register in the Foreign Births Register as soon as possible, because if your wife has a child after you register as an Irish citizen, that child can also be registered, and this makes her the parent of an Irish citizen and confers on her the right to live in Ireland with her Irish citizen child.

If a child is born before you register, that child does not become an Irish citizen.
.
Hi Briged,
Thank you for taking the time to put an excellent reply together.

Just one of my grand parents were born in Ireland, I will have my birth registered in the Foreign Births Register.

Thank you,

vette

Graham Weifang
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Posts: 239
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Location: Cheshire, UK
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China

Post by Graham Weifang » Tue Jan 29, 2013 4:10 pm

Brigid from Ireland wrote:If you expect poor pay, you should look for accommodation somewhere like Longford town. This has a good rail link to Dublin - you could commute by car either - and accommodation is cheaper than Dublin.

One room (a bedroom with facilities shared with others) in Dublin is about 100/week. Check daft.ie for cost of accommodation elsewhere.

Once you get a job, you could look for Supplementary Welfare Allowance.

If the job is minimum wage (8.65/hour) you would have about 250 euro if you worked 30 hours per week. If you worked less than 30 hours per week, you could apply for Supplementary Welfare - this would be hard to get, but as an EU migrant worker (ie a British citizen) you would have a good chance of getting it. This tops you up to a living wage, which is considered 188 for you, 124 for the wife per week. Therefore 312/week, from which you pay 32 for accommodation. So if you had less than 280 left per week, you could apply for SWA or rent supplement. Not saying you would get either, but you would have a good chance.

You are correct on the importance of getting into the tax records - one day of work transfers your rights from Britain to Ireland. When did you last work in Britain - what year - as it may be possible for you to get Jobseekers benefit if you worked in 2011 in the UK/Europe.
.
Hi Briged,

Were' having quite a chat tonight, you and me :lol:
We have some savings, so even by taking a very poorly paid job, it doesn't matter.
As long as you say, "get onto the tax records"
I have no idea where to consider living, I guess one of the bigger cities, like Cork or Dublin, but far enough out the city, so as not to pay a fortune in rental.

Thanks once again.

Do you know how I would o about getting a EEA family permit stamp in my wife's Non EEA passport?

thanks.

vette

Graham Weifang
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Posts: 239
Joined: Wed Mar 02, 2011 12:33 pm
Location: Cheshire, UK
Mood:
China

Post by Graham Weifang » Tue Jan 29, 2013 4:14 pm

jeupsy wrote:What citizenship do you currently hold?

If you are an EU citizen, definitely don't apply for Irish citizenship at this stage.

If you are not Irish she can apply for a Stamp 4 EUFAM under EU Treaty Rights, which is better than the Stamp 4 she would get if you were Irish.

If you want the Irish passport, just wait for her to get her residence card first :-)
.
Hi Jeupsy,

Good evening to you sir :D

1/ Currently UK citizen and UK passport holder.
2/ How to go about getting the Stamp 4 EUFAM? Step 1, step 2, step 3 etc,
3/ Irish passport information noted.
So wait to after the stamp.

Could I ask you what visa should her apply for prior to departing China for Ireland?

many thanks to you

vette

Latintraveller
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United Kingdom

Post by Latintraveller » Fri Feb 22, 2013 6:51 pm

This leaflet explains your rights as an EU citizen clearly.

http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

Also check here under "Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland" (towards the bottom of the page). It shows the documents that are needed for applying for a visa for EU citizens.

Your wife can enter Ireland without restriction but there are certain criteria that must be met by yourself (working, self-employed etc) within three months when she applies for a residency card.

Hope this helps.

jeupsy
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Post by jeupsy » Fri Feb 22, 2013 9:25 pm

Sorry Graham, I somehow missed your previous post. You probably already got all the answers ... but just in case, here you go.

The good thing about the Stamp 4 EUFAM is that as long as you are either working or studying in Ireland and they don't have any strong evidence that your marriage is not genuine or your wife is a threat for the country, they cannot refuse it. It is also better that the regular Stamp 4 spouse if Irish citizens get in the way that it is valid for 5 years straight away and it forces Ireland to consider your wife as an EU national (no visa required to enter the country, and she would have access to everything that is reserved to EU citizens, for example cheaper fees for university degrees).

The part I am not sure about is how to get her to come to Ireland if you are not already working there. But once you are there and working then everything will be easy: she can apply for a residence card under EU treaty rights and she will get a temporary residance card after less than a month and the stamp 4 EU FAM after 6 months.

As far as coming to Ireland goes, if you are going there first and can prove that you have a job, they she would also qualify for a visa under EU Treaty rights which can't easily be refused and should be free of charge and quick to process (see "Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland" here).

If you want to go there together and before you have a job, I think it is also made possible by to the EU directive and others have done it before - but it is not as clearly documented by the immigration services and to be honest I am not very clear on how it works so hopefully someone else can clarify this.
Last edited by jeupsy on Fri Feb 22, 2013 9:27 pm, edited 2 times in total.

st pauli
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Post by st pauli » Sat Feb 23, 2013 11:25 am

jeupsy wrote:Sorry Graham, I somehow missed your previous post. You probably already got all the answers ... but just in case, here you go.

The good thing about the Stamp 4 EUFAM is that as long as you are either working or studying in Ireland and they don't have any strong evidence that your marriage is not genuine or your wife is a threat for the country, they cannot refuse it. It is also better that the regular Stamp 4 spouse if Irish citizens get in the way that it is valid for 5 years straight away and it forces Ireland to consider your wife as an EU national (no visa required to enter the country, and she would have access to everything that is reserved to EU citizens, for example cheaper fees for university degrees).

The part I am not sure about is how to get her to come to Ireland if you are not already working there. But once you are there and working then everything will be easy: she can apply for a residence card under EU treaty rights and she will get a temporary residance card after less than a month and the stamp 4 EU FAM after 6 months.

As far as coming to Ireland goes, if you are going there first and can prove that you have a job, they she would also qualify for a visa under EU Treaty rights which can't easily be refused and should be free of charge and quick to process (see "Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland" here).

If you want to go there together and before you have a job, I think it is also made possible by to the EU directive and others have done it before - but it is not as clearly documented by the immigration services and to be honest I am not very clear on how it works so hopefully someone else can clarify this.
Well it's 'accompany spouse' right below on the link you gave

Theoretically it works the same as 'join spouse' except without the 'proof that the EU citizen is lawfully in Ireland' bit

Legally (i.e. in terms of the directive) I'm told they can't give preference to applicants under one category than the other.

Of course, is this is actually reflected in reality, is something I've been trying to get an answer to myself.

I've suspected, and others on here have hinted at, that they might regard this option as more open to abuse, and apply non-standard (in terms of EU applications) extra requirements such as interviews and evidence of relationship history.

It would be good to hear the experience of those that applied for 'ACCOMPANY SPOUSE' specifically.

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