Post
by chaoclive » Thu Sep 26, 2013 11:46 am
I've just received an email about this case: Thank you for your email.
"In relation to your query, Regulation 2(1) of the European Communities
(Free Movement of Persons) Regulations 2006 and 2008 defines a Union
citizen for the purposes of the Regulations to be a national of a Member
State other than the State. This is the transposition of Article 3.1 of
Directive 2004/38/EC which states:
This Directive shall apply to all Union citizens who move to or reside in a
Member State other
than that of which they are a national, and to their family members as
defined in point 2 of Article 2
who accompany or join them.
There's an exception based on European Court of Justice case law that the
family member of a Union citizen who has resided in one Member State as the
family member of a Union citizen (i.e. holding a Residence Card issued by
that Member State) could later still apply under the Directive when moving
to a Member State of which the Union citizen is a national. But aside from
that scenario, we would otherwise not be able to accept an application from
a family member of any Union citizen who holds an Irish passport.
Best regards,
EU Treaty Rights Section
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2"
I know that the Irish authorities do not necessarily ask, but they have noted that it's not possible for someone with an Irish passport to apply for a permit as a family member of a Union citizen if that Union citizen has an Irish passport (unless under Singh).
Did the OP have any luck with her application?