"Move to Ireland with non-EEA spouse"-procedure

[kthomsen]

Hi everyone,

Can anyone tell me what the procedure is, if I want to move to Ireland with my non-EEA spouse?
I am a EU citizen.

Do I have to move to Ireland, and then she has to apply for a Short Stay C Visa after I have arrived there?
Or should she apply for it before we leave, and then we go there together?
Does this affect her chances of getting a Short stay visa, if I am already living and working in Ireland?

If she gets the Short Stay Visa, then we can apply for a Residence Card (Form EU1) - correct?
After she applies for the Residence Card, is she allowed to work in Ireland while the application is processed (which, as I understand, can take a looooooooong time, at the moment)?

After that, should we apply for any other more "permanent" residencies? Or would we be able to live in Ireland together with the Residence Card, as long as we wanna stay there?

Thanks everyone!
This is not easy to figure out. So maybe someone here has gone through this entire process recently.

[noajthan]

You can move together or sponsor can go ahead first.
Plenty of topics on Surinder Singh in forum, just search.

Be aware of delays in issue of Eire entry visas - see topics in forum on this too.

Be aware of Brexit too:
http://www.immigrationboards.com/eu-ref ... 11656.html

[kthomsen]

You can move together or sponsor can go ahead first.
Plenty of topics on Surinder Singh in forum, just search.

Be aware of delays in issue of Eire entry visas - see topics in forum on this too.

Be aware of Brexit too:
http://www.immigrationboards.com/eu-ref ... 11656.html

Thanks for your quick answer.
The Surinder Singh, is that for all of Ireland, or just Northern Ireland? I mean, why would it have any consequences for the Republic of Ireland, since they are still a part of EU? Or... did I miss something??

[Casa]

I believe that Noajthan's point is that with Brexit (confirmed by yesterday's votes), the UK will no longer be part of the EU. You don't say what specific nationality you hold, but if you are British you will no longer be considered as an EEA national.

[kthomsen]

I believe that Noajthan's point is that with Brexit (confirmed by yesterday's votes), the UK will no longer be part of the EU.

Oh, I see.
I'm from Denmark. So, hopefully this won't affect me.. or at least not, within the next 2 years!

[Casa]

I believe that Noajthan's point is that with Brexit (confirmed by yesterday's votes), the UK will no longer be part of the EU.

Oh, I see.
I'm from Denmark. So, hopefully this won't affect me.. or at least not, within the next 2 years!

Exactly.

[movingcouple]

As non-eu spouse I am also would very much like to know the best procedure. I'm American (I don't need a visa to come to Ireland) and my husband is Italian. We plan on doing a workaway for at least 3 months while looking for a flat and permanent employment.

I would like to know if my husband is a jobseeker and actively looking for work, does that count as practising his treaty rights and can I apply for the EU1 during this time? Or would he need to be employed? I'm worried that he won't find a job in time and what would happen to us if he doesn't.

Another question: when we arrive what should we tell the immigration officers?

We have no interest in using the SS route or living in the UK in general. (We want to visit though!)

Thank you for any advice.

[ohara]

I suggest reading up on EU free movement: http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

In short - the EEA sponsor has a 3 month grace period to get settled in, find a job etc. After that they must exercise treaty rights in some form in order to have a valid basis to remain in the country.

As a non-EEA family member, your own status in the country is also dependent on your partner's economic activity.

[movingcouple]

Thank you so much. We have recently read that and it does say this so it sounds like we'll be fine:

"Special treatment for job-seekers
EU citizens benefit from the right to reside without any conditions and formalities for a
period of six months and even longer, if they continue to seek employment in the host EU
country and have a genuine chance of getting work."

Now I'm just wondering if he should register with the unemployment office and be considered a job seeker as soon as we arrive so that we can apply for the residence card right away if possible. Do you need an address to apply? We will be living with our workaway hosts during the first 3 months so we aren't going to have our own place to live during this time.

Also Please keep in mind we will be doing our best to find permanent work. I'm just afraid that it might be difficult to find something within 3 months while doing a workaway.

[movingcouple]

I still can't figure out if I would be able to stay past 90 days if my husband is seeking work, or has a job but no address. I know I need to apply for a residence card before the 90 days, but what if we still don't have a permanent place to live before then? I surely can't use the workaway address because they require utility bills. I could really use some more advice before we decide to go through with our plans. Thank you so much.

[noajthan]

I still can't figure out if I would be able to stay past 90 days if my husband is seeking work. I know I need to apply for a residence card before the 90 days, but what if we still don't have a permanent place to live before then? I surely can't use the workaway address because they require utility bills. I could really use some more advice before we decide to go through with our plans. Thank you so much.

You've answered your own question - hubby can be jobseeker for 6 months if he can show a 'gpow'.

Presumably after 6 months the universe will have spoken to you and, if no job and no permanent home, you may conclude its not viable;
after all you probably need to live on something (as well as love).

Another option is to start your own business; some members have reported some success that way too.

Don't really know what you mean by workaway address - what is that?

[movingcouple]

I still can't figure out if I would be able to stay past 90 days if my husband is seeking work. I know I need to apply for a residence card before the 90 days, but what if we still don't have a permanent place to live before then? I surely can't use the workaway address because they require utility bills. I could really use some more advice before we decide to go through with our plans. Thank you so much.

You've answered your own question - hubby can be jobseeker for 6 months if he can show a 'gpow'.

Presumably after 6 months the universe will have spoken to you and, if no job and no permanent home, you may conclude its not viable;
after all you probably need to live on something (as well as love).

Another option is to start your own business; some members have reported some success that way too.

Don't really know what you mean by workaway address - what is that?

What about the EU1 form? Do I absolutely need to apply within 90 days or can I just apply when we have all of the required documents? I'm mostly worried about this but if we have another 6 months to do everything while having enough money to get by then we'll be confident everything will work out. If not then it just wasn't meant to be.

A workaway is a great program for expats and travellers. You work for a family or hostel for free in exchange for food and a place to stay for a few months. We have found a few in Ireland but the problem is they are quite far from cities so it might be difficult to find real paid work and a flat.

[noajthan]

What about the EU1 form? Do I absolutely need to apply within 90 days or can I just apply when we have all of the required documents? I'm mostly worried about this but if we have another 6 months to do everything while having enough money to get by then we'll be confident everything will work out. If not then it just wasn't meant to be.

A workaway is a great program for expats and travellers. You work for a family or hostel for free in exchange for food and a place to stay for a few months. We have found a few in Ireland but the problem is they are quite far from cities so it might be difficult to find real paid work and a flat.

Under EU law a RC is an optional confirmatory document. Your sponsor just needs to be exercising treaty rights after your initial 3 month grace period.

INIS website also cautions about current delays in the processing of RC applications and a timeline of approx 10 months for them (which breaches the 6 months timeline mandated by EU law).

[movingcouple]

What about the EU1 form? Do I absolutely need to apply within 90 days or can I just apply when we have all of the required documents? I'm mostly worried about this but if we have another 6 months to do everything while having enough money to get by then we'll be confident everything will work out. If not then it just wasn't meant to be.

A workaway is a great program for expats and travellers. You work for a family or hostel for free in exchange for food and a place to stay for a few months. We have found a few in Ireland but the problem is they are quite far from cities so it might be difficult to find real paid work and a flat.

Under EU law a RC is an optional confirmatory document. Your sponsor just needs to be exercising treaty rights after your initial 3 month grace period.

INIS website also cautions about current delays in the processing of RC applications and a timeline of approx 10 months for them (which breaches the 6 months timeline mandated by EU law).

Alright thank you. We'll try to get a workaway where it will be easier for him find a job. Some of them even pay you commission so that might help as well. Thank you so much for answering questions from a crazy paranoid person. It will really help us decide if we want to take on this adventure or not. If anything we'll just have fun doing the workaway if we decide not to stay.

[mellymellyhi]

Hi everyone,

Do I have to move to Ireland, and then she has to apply for a Short Stay C Visa after I have arrived there?
Or should she apply for it before we leave, and then we go there together?
Does this affect her chances of getting a Short stay visa, if I am already living and working in Ireland?

If she gets the Short Stay Visa, then we can apply for a Residence Card (Form EU1) - correct?
After she applies for the Residence Card, is she allowed to work in Ireland while the application is processed (which, as I understand, can take a looooooooong time, at the moment)?

After that, should we apply for any other more "permanent" residencies? Or would we be able to live in Ireland together with the Residence Card, as long as we wanna stay there?

Hi there, I have the same situation with you and I'm also processing the whole thing at this moment, see if i could solve your puzzle

I am from Hong Kong and my husband is Italian, we arrived together in Ireland by ferry. At the boarder, an officer asked the purpose of our arrival, we answered honestly that we would like to stay and live here. Then he asked for our Wedding Cert as a prove, I showed him and he put a stamp on my passport and granted me 3-months of staying.

Luckily, my husband got a job offer in 2 weeks and we found a place to rent for short term. Things worked our quite smoothly, and now I have to wait for him to start working (to get the employment contract in hand) so that i can submit my EU1 form application.

I have read some information and some cases, once you have submitted the papers, you should be able to receive 2 letters with 4-12 weeks, 1 is the notice of receiving your application and the other 1 is the letter for you to get the GNIB stamp 4 visa (6 months of staying and permit to work). and then you will have to wait again for the 5 years visa which will require longer time, saying up to 6 months (but i have seen some cases with longer waiting time)

I would be happy to share with you my case update / discuss with you on this matter, see if we could help each other

[jul1]

Hi everyone,

Do I have to move to Ireland, and then she has to apply for a Short Stay C Visa after I have arrived there?
Or should she apply for it before we leave, and then we go there together?
Does this affect her chances of getting a Short stay visa, if I am already living and working in Ireland?

If she gets the Short Stay Visa, then we can apply for a Residence Card (Form EU1) - correct?
After she applies for the Residence Card, is she allowed to work in Ireland while the application is processed (which, as I understand, can take a looooooooong time, at the moment)?

After that, should we apply for any other more "permanent" residencies? Or would we be able to live in Ireland together with the Residence Card, as long as we wanna stay there?

Hi there, I have the same situation with you and I'm also processing the whole thing at this moment, see if i could solve your puzzle

I am from Hong Kong and my husband is Italian, we arrived together in Ireland by ferry. At the boarder, an officer asked the purpose of our arrival, we answered honestly that we would like to stay and live here. Then he asked for our Wedding Cert as a prove, I showed him and he put a stamp on my passport and granted me 3-months of staying.

Luckily, my husband got a job offer in 2 weeks and we found a place to rent for short term. Things worked our quite smoothly, and now I have to wait for him to start working (to get the employment contract in hand) so that i can submit my EU1 form application.

I have read some information and some cases, once you have submitted the papers, you should be able to receive 2 letters with 4-12 weeks, 1 is the notice of receiving your application and the other 1 is the letter for you to get the GNIB stamp 4 visa (6 months of staying and permit to work). and then you will have to wait again for the 5 years visa which will require longer time, saying up to 6 months (but i have seen some cases with longer waiting time)

I would be happy to share with you my case update / discuss with you on this matter, see if we could help each other

Did you have a visitor visa or resident card issued in Italy? And what kinda residence card, based on the eu treaty rights or national rules? Or you did not have any of those and you just arrived to the port with your marriage cert?

[noajthan]

Did you have a visitor visa or resident card issued in Italy? And what kinda residence card, based on the eu treaty rights or national rules? Or you did not have any of those and you just arrived to the port with your marriage cert?

That is the beauty and elegance of EU free movement - poetry in motion.

[Kerryhcm]

Hi, I'm in a similar situation. Next year we would like to move to Ireland and start a business. We have an online store and want to expand into Europe. My daughter and I are from the UK, her dad is non EU. We want to buy a house but are worried that he won't get permanent residency.
We would be screwed if we sell up here, put my daughter in a school and then my husband gets refused.
Is this likely to happen? We will have around 120,000 euro to relocate.
Thanks
Kerry

[henbabani]

Hi there, I have the same situation with you and I'm also processing the whole thing at this moment, see if i could solve your puzzle

I am from Hong Kong and my husband is Italian, we arrived together in Ireland by ferry. At the boarder, an officer asked the purpose of our arrival, we answered honestly that we would like to stay and live here. Then he asked for our Wedding Cert as a prove, I showed him and he put a stamp on my passport and granted me 3-months of staying.

Luckily, my husband got a job offer in 2 weeks and we found a place to rent for short term. Things worked our quite smoothly, and now I have to wait for him to start working (to get the employment contract in hand) so that i can submit my EU1 form application.

I have read some information and some cases, once you have submitted the papers, you should be able to receive 2 letters with 4-12 weeks, 1 is the notice of receiving your application and the other 1 is the letter for you to get the GNIB stamp 4 visa (6 months of staying and permit to work). and then you will have to wait again for the 5 years visa which will require longer time, saying up to 6 months (but i have seen some cases with longer waiting time)

I would be happy to share with you my case update / discuss with you on this matter, see if we could help each other

Hi, few questions please-
1) both of you need to register somewhere?
2) when and where did your husband got the pps number?
3)you wrote you need to get 2 letter in 4-12 weeks, how do the authorities know where to send it? you've been in some office telling you're willing to stay?

thank!