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EU citizen to IE - fast joining of non-EEA partner/spouse

Forum to discuss all things Blarney | Ireland immigration

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GmanI
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EU citizen to IE - fast joining of non-EEA partner/spouse

Post by GmanI » Fri Jan 25, 2013 11:18 pm

what is my situation:
I am German residing in Germany. I will move to Ireland as I accepted a new job there. My partner (less than 2y partnership) is non-EEA and residing outside of Europe. We want to join households and live there together. We are also going to marry 2 months after move/job-start.

what do I want to do/achieve...?
I am looking for ways to be less separated as possible and basically join both households at once. Moreover I'd like to understand/know the involved steps/details.

There are basically two potential separation phases we want to bridge: A) up to 3 months where we are not married B) then 6-8 weeks for processing of Spouse Visa based on EU Treaty Rights to enter Ireland

My thoughts
are to bridge phase A with a short-term-visa. But I wonder which one, what purpose and how to argue in order to get a 2-3 months stay granted?

And for phase B: to get somehow legally into Ireland first without an application that takes up to 2 months. I read about
1) getting a short-term-visa and once entered apply for RC?
2) that it may even be possible to arrive together without any VISA and get a tmp. VISA at the border insisting on EU Treaty Rights based on DIRECTIVE 2004/38/EC Chapter II, Article 5. Point 4. But the wording sounds like it's a risky thing to do - if valid at all. Embassies do not seem to know about such a possibility.

What can you recommend and which steps are involved?
Big thanks in advance

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jan 26, 2013 7:05 am

What nationality is your proposed spouse?

Where are they now?

It is considerably simpler to apply for residence cards etc post marriage.

Why do you think getting the visa would take nearly two months?

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Sat Jan 26, 2013 11:22 am

EUsmileWEallsmile wrote:
Why do you think getting the visa would take nearly two months?
The processing time for my girlfriend's visa to come to Ireland under EU treaty rights took almost 3 months (due to the staff at the embassy requesting unnecessary documents before accepting the application, but even after they transferred it to Dublin it took around 8 weeks which is in line with the information on the INIS website).

He might be lucky and get it faster but I think he is right not to expect quick processing.

GmanI, I would strongly recommend against showing up at the border without a visa. As far as I know, once you are married she will indeed be allowed to join you in Ireland, but not without requesting a visa first (once she has her irish residence card she will be allowed to travel to other EU countries visa-free as long as you are also traveling with her, but that rule only applies AFTER you already have legal residence in an EU country and for short term stay in other countries). If you just show up and get refused, then for Avery subsequent visa application she will have to explain why she was once deported from Ireland.

Unless she wants to register for some course and apply for a student visa, I think getting a long term visa for Ireland will be a bit difficult.

However one option you can look at is this one: http://www.inis.gov.ie/en/INIS/Visa%20W ... 202012.pdf

Basically Ireland has a program to let people who have a British tourist visa come to Ireland for up to 90 days as long as the British visa is still valid. So she could apply for a British visa, and all she needs to do is to stop at a UK airport on the way to Ireland and get an immigration stamp, and then she will be allowed to stay here for 3 months to give you time to get married. Once you are married, as you will already be in Ireland you will be able to submit your EU Treaty Rights application and she will directly get a temporary stamp 4 (right to stay and work in Ireland for 6 months), so you can skip the second Irish visa application as well.

It might sound strange to apply for a UK visa, but a friend of mine did that after she go tired of the long processing time of the Irish embassy everytime she wanted to come to Ireland, and it seems the UK Re much faster to process the applications and quite easily give 6 months tourist visas.
So maybe worth having a look?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sat Jan 26, 2013 7:28 pm

It is more difficult to apply as a durable partner and may take longer.

In general, such visas ought to be issued quickly.

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

Post by Malika » Sun Jan 27, 2013 11:30 am

What Nationality is your partner? Some countries are Visa- exempt.

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

GmanI
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Joined: Fri Jan 25, 2013 10:30 pm

Post by GmanI » Sun Jan 27, 2013 6:41 pm

Hello everybody,

thank you for the answers and suggestions.

My partner is of russian nationality, therefore not VISA exempt afaik. Processing time of 6-8 weeks is stated on the official websites. It gets transfered to Ireland and is not processed locally - that's why it takes so long I assume. You can also read at some place which Visa requests are processed locally and which are send over. Somewhere I should have links for references if somebody needs them.

@jeupsy
Do you mean by getting a short-term tourist visa (any duration) for UK, it triggers a short-term-visa for Ireland of max short-term-duration when traveling to Ireland? I read about that waiver program, just not sure about durations. E.g. so 2 weeks UK can become 3 months Ireland? Or 2 weeks UK = 2 weeks Ireland?

EUsmileWEallsmile
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Post by EUsmileWEallsmile » Sun Jan 27, 2013 7:16 pm

I would not be inclined to anything irregular lest it cause you more problems in the future.

It is possible to apply as durable partner if you are indeed such, but it may be more complicated. It is not complicated to apply as spouse.

jeupsy
Senior Member
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Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Sun Jan 27, 2013 8:23 pm

No, if the UK visa expires you would not be able to stay in Ireland. If you enter Ireland with a UK visa, you will have to leave when the UK visa expires or after 90 days; whichever occures first.

But from what I am hearing from more than on friend, the UK pretty easily give 6 months multi entry tourist visas. So if you have than it is pretty much like 2 90 days visas to Ireland (as long as before each 90 days period you get a UK entry stamp).

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