Can my family and I live in Ireland Willy Nilly?

[carltonb]

Now that I have your attention, it is starting to seem pretty easy to move to Ireland although I have been told all types of different things.

So here is our setup:

Me: US Citizen
Wife: UK Citizen living in the USA with me
Child 1: Born in the UK, lives in the USA with us. Birth registered in the UK.
Child 2: Born in the USA, lives in the USA with us. Birth not registered in the UK.

I have the skills required for the critical skills visa, but telephonic long distance interviews have been few and have not ended well.

I have been made aware of an alternate idea with 3 (well basically 2) different versions as stated below:

1) That my family can move to Ireland, but my wife has to have a job before we arrive (which is next to impossible because of her limited work experience).

or

2) That my family can move to Ireland, and my wife has up to 3 months to find a job or go to school.

or

3) That my family can move to Ireland, and my wife can get rubbish temp agency jobs that don't last long.

...all in an effort to sponsor me so that I can generate reasonable income.

How easy or hard is it really? I am terrified that they will invoke Article 50 and tell us both to get the heck out. I wouldn't have the right to live in the UK and she wouldn't have the right to live in the USA if that happened!

Just being cautious.

I have the right to live in the UK under another agreement that I posted, but we have been thinking of Ireland as an option as well.

Thanks!

[noajthan]

No, not willy nilly and not helter skelter either.
What happened to the DOD gig?

Do you mean Surinder Singh or generic free movement?
Obviously its unlikely you will have time to acquire PR in the normal way now.
(UK will remain in EU until at least 2019 as A50 not to be triggered until next year at earliest).

Be aware:

• Lot of delays reported with Irish visas and EU paperwork/docs.
  Jobs may be hard to come by.
  Cost of living in main cities.

If plan is to return to UK then a sponsor in education won't fly. Got to be a worker/selfemployed qualified person.

As well as cleaner, purer EU law, the UK's centre of life test has to be met too.

[carltonb]

DOD gig, I have the work authorization and the Visa...but my clearance is still crossing over which might take more time than I am willing to wait.

This is what lead me to believe this:

http://www.citizensinformation.ie/en/mo ... ional.html

To me, that seems that all she has to do is study.

I took note of all your warnings...wow.

[noajthan]

DOD gig, I have the work authorization and the Visa...but my clearance is still crossing over which might take more time than I am willing to wait.

This is what lead me to believe this:

http://www.citizensinformation.ie/en/mo ... ional.html

To me, that seems that all she has to do is study.

I took note of all your warnings...wow.

If the goal is stay in Eire for ever, (well until 2019 anyway) then yes wife may study. You could too.
That is one category of qualified person under EU law.
And that is the beauty and elegance of free movement.

But UK plays hardball and if y'all want to make your way back to UK in due course then a British sponsor who was a student won't be recognised as a proxy EEA national on their return to UK. So you wouldn't get past first base.

Slap my mule and call her Hilary I hear you cry but yes, that's the case even before Brexit.
Only a worker/selfemployed qualified person would be recognised by UK and so be able to sponsor their non-EEA dependents into the UK.

Once back in UK you will probably have to rely on the traditional British sense of fair play and any transitional arrangements (yet TBC and to be put in place) for the '000s still 'in flight' on the EU trajectory.
Because if UK leaves EU in 2019 or so there's going to be no time to acquire the holy grail of PR status in the normal way.
(Especially after a sojourn in Eire for 6 or 9 months, or maybe a year, on the SS route first of all).

You can probably see that dealing with HO on immigration matters certainly makes you feel alive and living on the edge!

Get up to speed on free movement here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf

[carltonb]

Truly incredible post. I did get a good laugh which compelled me to go back to the UK section and post some banter.

Maybe I'll move, maybe I am an escapist. It all depends on what I am finding out here (maybe).

I wonder what the definition of "study" is in this context. Is it as liberal as online education enrollment, or would that entail enrollment in a physical University.

We (more importantly She) is an Information Technology person and that is the way that she has always done it.

Of course, that would just be in an effort to buy a bit more time so that I/we can work....and not have to disappear to go to school when we'd rather have our children near us.

[noajthan]

Truly incredible post. I did get a good laugh which compelled me to go back to the UK section and post some banter.

Maybe I'll move, maybe I am an escapist. It all depends on what I am finding out here (maybe).

I wonder what the definition of "study" is in this context. Is it as liberal as online education enrollment, or would that entail enrollment in a physical University.

We (more importantly She) is an Information Technology person and that is the way that she has always done it.

Of course, that would just be in an effort to buy a bit more time so that I/we can work....and not have to disappear to go to school when we'd rather have our children near us.

Its not about study its about being a student qualified person - with CSI, at a recognised listed establishment and with adequate means of support.
But a student sponsor condemns you to stay in Eire for ever (well until approx 2019/until UK is no longer in EU).

Students don't qualify under SS regs to come back into UK with dependents.

UK definition of student qualified person; it may be similar in Eire:
https://www.gov.uk/government/uploads/s ... _clean.pdf

Buying time is the wrong mindset. You don't have adequate time on EU route any more.

[carltonb]

Points taken. When I say buying time, I mean just tolling things out a few more months by having her study while I look for work (in the event that I can't find a job quickly).

If she started working in Eire and met the financial threshold for sponsoring me for FLR(M) in the UK, that income still couldn't be counted towards FLR(M) would it? I think that one part of your previous posts made me think that way....but I was probably just tired.

[CR001]

If she started working in Eire and met the financial threshold for sponsoring me for FLR(M) in the UK, that income still couldn't be counted towards FLR(M) would it? I think that one part of your previous posts made me think that way....but I was probably just tired.

You cannot apply for FLR(M) if you are outside the UK. Republic of Ireland is not part of the UK visa system. Have you looked into the Surinder singh route, this was provided in your other post. Cheaper than spouse visa. If you want to go spouse visa route (VAF4A from outside the UK), her income will count but she needs 6 months evidence of income.

[carltonb]

I checked the Surinder singh route in the past.Let me check it out again. I had no idea about the VAF4A route from outside the UK.

Thanks for this.

[CR001]

I checked the Surinder singh route in the past.Let me check it out again. I had no idea about the VAF4A route from outside the UK.

Thanks for this.

VAF4A is the same as FLR(M), just applicable for applications outside the UK and FLR(M) for applications within the UK.