Irish Spouse Visa application outside Ireland (China)

[chaoclive]

Hi there

I'm back for some more advice! Please excuse my long/confusing post.

I'm a dual Irish/British citizen (born in Northern Ireland) with a Chinese civil partner and currently living in China (we got our partnership in the British Embassy in Vietnam, 2011). I really want to go back to Europe to live and would prefer to go back to Ireland (family ties, knowledge of the area, language etc).

However, I'm now considering how it would work if I was to have my partner apply for an Irish spouse visa here in Beijing to go back to Ireland with me in the future.

My issue is: when I return to Ireland, I won't have a job straight away and my bank balance isn't exactly outstanding. I have about 20,000GBP in my UK bank account and the equivalent of 6000GBP in my Chinese bank account. My partner has about 5500GBP in his Chinese bank account.

I don't have a permanent address in the Republic of Ireland as my family lives in Northern Ireland and I would need to rent a house on my return to Ireland. Therefore, on the application, I would have to provide a hotel address or first rent a house before he applies.

Does being a dual national make any difference? I obviously can't meet the financial requirements of the UK spouse visa, therefore won't be able to take him back to Northern Ireland. To confound things, all my Chinese visa are in my British passport (no real reason, but that's what I've done since I got here in 2007). As Northern Irish people can choose to be British/Irish or both (under the Good Friday Agreement), could the fact that I'm both Irish/British be used as a reason to deny his spouse visa?

I understand the EU Directive on Free Movement, but this would mean me giving up Irish citizenship and relying on my British passport to take him with me to Ireland.This is something that I'm not very keen on doing. I have checked with INIS: they would not provide a visa under the Directive to the partner of someone who holds an Irish passport as well as another EU member state passport.

What I would like to find out is if anyone else has had experience of applying for a spousal visa when living in another country, especially with such limited financial means and no job on return to Ireland? Would it be better if I went back to find a job/rent an apartment before my partner applies for the visa? Would this make things easier?

I haven't been able to find any information on exactly how much money the INIS would like to see in my/our accounts before being willing to believe that we can support ourselves without public funds. Does anyone have any experience of this?

I'm really confused as to which would be the best/most convenient step: EU Directive on Free Movement (loss of Irish citizenship) or the Irish spouse visa.

Thanks for any help, in advance.
Clive

[EUsmileWEallsmile]

It is much better if you stick to one thread rather than going over old ground again and again.

http://www.immigrationboards.com/viewtopic.php?t=141225

I am not sure if you are now asking about the requirements for an Irish spouse visa as opposed to one under directive 2004/38/ec.

Please clarify. If your question relates to your previous thread, it would be better if you stuck to that. If it's a new question, I would consider shortening it such that it addresses your specific question.

(I don't meant to be a pain in the neck, but a lot of time can be wasted going over the same things again and again. I hope you understand).