Britsh national married to egyption national

[khadija]

Hi ,

my name is khadija , I am UK national married to non EU citizen (Egyptian), my husband still reside in Egypt.

we have applied for spouse visa while in the UK back in 2012, but there was one condition that was not fulfilled of the requirement at the time, which was english test requirement.

we were not aware of the new law and submitted the application, however the application was not successful (no refuse was on his passport) and we where given 28 days to submit the english test result if to be granted the visa.4

due to the time shortages we were not able to complete the requirement and the time has passed.

anyhow, another discriminator law came into effect , it was a higher income threshold for the sponsor to earn if to sponsor a spouse into the UK, hence I was not earning the required amount , thus I thought of moving to Ireland.


I have secured a job within a charity organization, the start date will be one the 17th of June , it is a fixed term contract by salary of 25,000 per year (is the wage enough to sustain us both in Ireland.


few questions please , from my reading we will be applying to D-spouse join visa. additionla , I was browsing at cope of the visa that we will need to apply for and they as in the application they have asked if the applicant is in employment , unfortunately my husband is unemployed currently.

so few questions please:

1) will my husband unemployment state will affect the application?
2) the fact the we applied for UK spouse visa and the application was not successful due to incomplete condition, will it affect the application to Ireland?
3) how to I exercise EU treaty right ?

4)what is the time limit? and when can I apply?

5) what are the documents we both are required to provide to the Irish embassy in Cairo ?


I relay appreciate any advice or help ,

kindest regards

khadija

[batakooji]

Hello Khadejah,

You are doing the right thing by moving to Ireland. Once you establish yourself there, you can apply for your husband to join you based on the fact that your EU citizen living in Ireland. His status will not influence his visa. After he comes to Ireland, I would advice you to apply for a UK visa based on the fact that you are a UK citizen who was exercising treaty rights in EU country with spouse and now you are returning to home with him (There is a case name for this case). In all cases, I strongly advice you to go to a solicitor for advice only, then fill in applications by yourself as it is very straightforward and also do not forget to have a comprehensive health insurance for yourself and your husband when he comes to Ireland and then if you move back to the UK as it is important for legal reasons.

In general the EU treaty rights can be exercised if the person is employed or student and there are some other categories but the two I have mentioned are most relevant. so even if you decide to move back to the UK you can be a student a still apply for your husband for EU PERMIT IN THE UK BASED ON THE FACT THE YOU ARE BRITISH CITIZEN WHO EXERCISED TREATY RIGHTS. Again my advice is to consult a good solicitor in Ireland and then UK and Hopefully things will go smooth, nice and you will joined with him soon.

Kindest regards

[Brigid from Ireland]

It is simple.

Your husband can come to Ireland with you as soon as he can travel. I don't know if he needs a visa but he definitely needs a passport and an original marriage certificate to show he is married to an EU citizen. He should travel with you to Ireland if that is possible as this is easier, but he can also travel to join you if you are already here. Check re visa with Irish immigration.

Once the EU citizen is in Ireland they have three months to start work, so if your job starts 17 June you can travel here anytime.

You need to come to Ireland, get a free PPS number (this is needed by your employer to deduct tax) and get accommodation. Then start your job. Then you are an EU migrant worker exercising treaty rights and your husband has the right to stay here with you. He also needs a PPS number, so as soon as he gets to Ireland he should apply for one. He will be given the right to work in Ireland and a GNIB card which says Stamp 4 EU FAMILY - this is proof he can work here.

A job earning 25,000 is enough for two people. If you have a child you might get support money called Family Income Supplement also and you would definitely get Child Benefit, as you are working.

Once you have your first payslip you can apply for a medical card - medical care here is not free, unlike UK, but if you are on a low income you apply for medical card and this reduces your cost of medical care. There is no cost for this card, just fill in application form. If you earn too much you don't get the medical card.

The advice about health insurance for him is good - he will need health insurance, most people get the cheapest they can find, to satisfy the requirement that they not be a burden on the public health system. Technically it is the non EU spouse only who needs health insurance, you have full rights as an EU citizen yourself - either the UK or Ireland would be required under EU law to provide health care to you as you are a citizen of the UK and living in Ireland, so one or the other country would have to pay in your case.

It does not matter that your husband is unemployed.
It does not matter that the UK refused entry to him.
You can apply now. If he needs a visa to enter Ireland, he should apply now, explaining that your job starts 17 June and he wants to travel to Ireland with you.
You exercise EU treaty right by working in Ireland.