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Which form do I fill in?

Forum to discuss all things Blarney | Ireland immigration

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Elizabeth06
Newbie
Posts: 39
Joined: Sat Aug 31, 2013 11:19 pm

Which form do I fill in?

Post by Elizabeth06 » Tue Sep 17, 2013 12:01 pm

Hello,

Just trying to prepare for our application, and I'm not sure which form to fill in, and what the list of supporting documents are?

I'm an Irish citizen, living and working full time in the UK together with my non-EEA spouse - he holds an EEA family permit for the UK to be there with me, and we are applying to return to Ireland via the Surinder Singh route.

I've had helpful advice on here already, we aren't ready to apply yet, but I wanted to find the form, and know how to apply and what to include with the application so we can have it all ready, as it can take time to get all the documents together, but I'm not sure where to look.

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

Post by jeupsy » Tue Sep 17, 2013 1:08 pm

Since your are exercising EU Trety Rights in the UK, he is entitled for a stamp 4 EUFAM in Ireland even though you are Irish (which will give him more flexibility that a visa / residence card for the spouse of an Irish citizen)

Here is the application form: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU1.pdf
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Elizabeth06
Newbie
Posts: 39
Joined: Sat Aug 31, 2013 11:19 pm

Post by Elizabeth06 » Tue Sep 17, 2013 1:16 pm

jeupsy wrote:Since your are exercising EU Trety Rights in the UK, he is entitled for a stamp 4 EUFAM in Ireland even though you are Irish (which will give him more flexibility that a visa / residence card for the spouse of an Irish citizen)

Here is the application form: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU1.pdf
Thank you very much for that! In terms of physically going back to Ireland together, do you know if we have to get this approved before we leave the UK, or can we go back and apply from Ireland for this once we get there?
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jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Sep 17, 2013 7:22 pm

The application can only be made once you are in Ireland and you are working, self-employed or a student.

In case he is a visa required national - You might want to email the Irish embassy to have a written confirmation, but given the fact that he is holding a residence card based on directive 2004/38/EC (the EEA family permit), he should be able to enter Ireland without a visa as long as you are traveling with him and stay for up to 3 months.
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Elizabeth06
Newbie
Posts: 39
Joined: Sat Aug 31, 2013 11:19 pm

Post by Elizabeth06 » Tue Sep 17, 2013 8:17 pm

Thankyou again, it makes sense now. I wasn't sure if holding a UK residence card allowed us to travel back to Ireland without first getting some other visa direct from Ireland.He has the EEA family permit, but not the residence card but he should have the card as well by the time we want to go back. Appreciate the help :-)
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jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Sep 17, 2013 9:29 pm

No worries :-)

And also two more pieces of advice:
- Definitely try to wait for him to get the UK residence card before moving; beyond entering without a visa this will also be the best proof that you and him have been exercising Treaty Rights outside of Ireland before coming home (which is a condition for EU laws to apply to the family member of an Irish citizen within Ireland)
- Do carry your marriage certificate with you when you used family card to enter without a visa as the border control officer might request a proof that you are married
- You are probably doing this now, but take some time to review the document checklist on Form EU1; some of them can take a bit of time/efforts to get if you don't know how things work so it is better to make sure you are clear one how to obtain all of them before you arrive to avoid delays in getting the residence card
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