help archigabe,yankeegirl etc!

[megmog]

Hey guys,

I need some advice (not for me, for a friend).. Do you think an American Citizen (recently married to a British Citzen) who holds a "fiance visa" for the UK (valid for 6 months) applying for a residency permit in Ireland would be successful?

In other words, would a "fiance visa" consitutute legal residence in the UK? enough legal residence in order to fulfill the pointless, unfounded requirement that we all know they have in place...

(just had to have a dig there !)

[yankeegirl]

I would think so but to be honest I'm not sure. Has anyone found out if there is a set period of "residence in another Member State" that is required? If there isn't and/or that period is less than 6 months, I think it might be ok. If they require more than 6 months residence, than she would have to apply for FLR(M) in the UK before looking at moving to Ireland since the fiance visa is only valid for 6 months.

I know that's probably clear as mud, but I'll see if I can dig anything else up.

[archigabe]

we were told through 'solvit' that visit visas don't count for residency.I guess they would require the FLR or the ILR from the UK.That said, i think the court cases coming up for hearing in January would remove the requirement.Your friend just has to be patient till january or february.

[yankeegirl]

That's where I think this could be open to interpretation. A fiance visa isn't a visit visa, it leads to settlement. If you're in the UK, you can't work while on a fiance visa, but you can register for NHS etc and I think even open a basic bank account.

I suppose I could try emailing the EU treaty rights section but I still haven't heard back from them about an email I sent months ago

[megmog]

thanks guys.. it turns out that her hubby has an Irish passport as well so actually she is in the very fortunate position of being able to register with the garda and receive a stamp 4 pretty much immediately...

lucky her!