EU Spouse moving to Schengen

[SouthernWinds86]

Hi,

I am a non-EU citizen currently living in Ireland based on Stamp 4 (Spouse of an Irish Citizen), however, my wife might have to move to France for a few months (maybe even a year) to take part in a Masters degree she is taking in Southern France.

Would my visa (Stamp 4) be revoked if she is living in France for that time?

I am interested in staying in Ireland because I am currently holding a good employment and I do not speak French, apart from the fact that I really don't fancy dealing with all the French bureaucracy in order to live there.

Thanks for the help!

[IntegratedMigrant]

Your Stamp and Visa will never be revoked as long as she was present during the next issuing of your Stamp 4 and or Re-entry Visa.

But then many people and even immigration service might think of SHAM marriage now since you wont be living with your wife for up to a year and that will be viewed as not a quality relationship/marriage.

[SouthernWinds86]

That's what I thought as I have been asked a couple of times about the whereabouts of my wife when landing at Dublin Airport and there is a massive scandal and frowning over sham marriages going on (thank you TV3).

I wouldn`t really like to lie to Immigration but I don't know what could I do. I know I am in a better position to support ourselves financially by staying in Ireland than by moving to France with no knowledge of French whatsoever.

[IntegratedMigrant]

I suggest you tell them the truth since they cant revoke your Stamp and Visa because your wife is away. Let them and people think whatever they wanna think in their ignorant and foolish minds.

Its your life, your relationship and your marriage and you can handle it the way you want!. F the rest!.

[EUsmileWEallsmile]

It is possible for an eu citizen to be absent for up to six months per year without affecting their residence - twelve months in certain circumstances.

[IntegratedMigrant]

It is possible for an eu citizen to be absent for up to six months per year without affecting their residence - twelve months in certain circumstances.

But Spouse of a Irish National residing in Ireland. Because there is no EU treaty involved, I really do not know/think if the rule as stated above applies?

I know someone that her husband left Ireland for more than 2 years now but nothing has happened to her Stamp whatsoever. All that is needed is that her husband presents himself whilst she's been issued with a new stamp.

[jeupsy]

Agreed with IntegratedMigrant, EUTR rule probay don't apply here.

I would be cautious about informing them of the situation after the Irish citizen has left the country ... You never know what they could do.

I think:
1) Either you want to do things by the books and tell them about the change of status. In that case send them an inquiry email before your wife leaves Ireland and tell them that you guys are considering doing this - you can ask them if this will affect your right of residence and still be safe as your wife is still in Ireland. If they say no problem, great - and otherwise you can decide on what to do.
2) you can play it the same way as IntegratedMigrant's friend and just not say anything. Probably nothing will happen as long as you go register with your wife every year - but the situation will not be 100% clear (unless someone can clearly confirm that the right of residence offical extends to case when the Irish spouse s not living in the state - maybe it is the case but I haven't seen a document which states this clearly)

[SouthernWinds86]

Thank you very much for your reply.

I thought about it too. I have always done things by the book immigration wise so I am not truly convinced about not saying anything. Like I said, I am a bit paranoid after one time I came back from holidays and a woman at the airport asked me of the whereabouts of my wife to which I replied saying 'she is waiting outside', of course my wife was indeed waiting at the Arrivals hall.

I haven't found any document saying I would be entitled to live here while my wife is another EU state, but only documents stating I am entitled to live in France if she moves there (after dealing with tons of French bureaucracy and the classic 'not-being-able-to-work-for-6-months thing' of course).

Of course it would be difficult to live in different countries for a while but employment situation is better for me in Dublin than France.

Maybe I will drop the GNIB an e-mail. Do you know who can we contact for these matters?

[jeupsy]

I am not sure about the GNIB, but maybe you can try the INIS section for spouses of Irish Nationals?

INISsinu@justice.ie (I got the address here: http://www.inis.gov.ie/en/INIS/Pages/WP07000024)

[IntegratedMigrant]

Keep us updated @SouthernWinds86

[EUsmileWEallsmile]

]But Spouse of a Irish National residing in Ireland. Because there is no EU treaty involved, I really do not know/think if the rule as stated above applies?

Thanks for pointing this out, I had misread the post.