EU1 - 2 Payslips vs. 3 months Short Stay Visa C

[kthomsen]

Hi everyone,

My wife will be applying for the EU1 Residence Card in Ireland while we are there on a Short Stay Visa.

As far as I can read, the EU1 application is delayed - a lot! Right now it says 10-12 weeks to get the acknowledge letter. The Short Stay C Visa works for 90 Days, which is approx 12 weeks.

When applying for the EU1 Residence Card, they need 2 payslips from me as a financial proof. But the problem is that I won't be working there for 2 months prior to her arrival since we arrive together.

So my questions is: What's gonna happen if she applies for the EU1 after 2 months (= 1 month left of the Short Stay C Visa), and then the Short Stay Visa expires?? Is it possible to get the short stay visa extended while waiting for the EU1 application to be acknowledged? Is she allowed to stay in Ireland after the short stay visa expires, as long as she has handed in the EU1 application form? Or would she have to leave after 90 days?

Or does anyone know if it is possible to apply for the EU1 residence card as soon as possible after we arrive, and then provide them with the payslips later on (as long as I can provide them with a contract AND eventually a bankstatement with sufficient money?) when I get them?

Hope someone can clarify this for me.

Thanks!

[noajthan]

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

[kthomsen]

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

I think I've read it, but... Maybe I am just too stupid to read "directive/law"-stuff Because I find it difficult to figure out what it means.

Also, I don't really understand this:

"The deadline for submitting the application may not be less than three months from the date of arrival."

Does that mean she has to apply for the EU1 Residence card on the day she arrives?? Or does that mean she has to apply 3 months before we arrive in Ireland? Or does it mean that she has to apply before her 3 months visa expires?

This is so confusing, so I would really appreciate if someone could "translate" all these things for me, or if someone had personal experience. I've read everything, but... It's just too difficult for me to fully understand!

[kthomsen]

I read somewhere else that as long as she hand in the application within those 3 months, she will be able to stay there even if she didn't get the acknowledge letter, since she is "in touch with INIS".

Can anyone confirm that? Or will the SWAT team come and knock on our door and deport her?

[shpirtshqipe]

Hi there,

Does that mean she has to apply for the EU1 Residence card on the day she arrives?? Or does that mean she has to apply 3 months before we arrive in Ireland? Or does it mean that she has to apply before her 3 months visa expires?

It literally means that any new application has to reach INIS before the C Visa expires. So you need to enter the ROI with the C Visa then apply for EU1. In simple terms, if you apply after the C Visa has expired then your spouse will be Illegally remaining in the ROI. So I'd advise apply for the EU1 2 weeks before the C Visa expires to ensure it reaches INIS on time

I read somewhere else that as long as she hand in the application within those 3 months, she will be able to stay there even if she didn't get the acknowledge letter, since she is "in touch with INIS".

Can anyone confirm that? Or will the SWAT team come and knock on our door and deport her

Once you have applied for the EU1 Residence Card (and you keep the recorded delivery receipt) then until you receive a formal letter from INIS your spouse should be allowed to remain in the state on the same visa conditions she entered. Even if your wife is stopped there's no grounds to deport since her application is legitimate has been lodged and is in progress.

You can also apply for a Visa Extension before the 3 months of the C Visa expires (basically it has to reach INIS before the Visa C expires). This may be a better option as it will buy you time to find a job and produce payslips upon application of EU1 (This may not be a good option if you're a UK resident with Article 50 and how it will affect the application)

Or does anyone know if it is possible to apply for the EU1 residence card as soon as possible after we arrive, and then provide them with the payslips later on (as long as I can provide them with a contract AND eventually a bankstatement with sufficient money?) when I get them?

You can provide payslips at a later date after the EU1 application has been lodged. The only problem is that the clock starts ticking to provide payslips the moment you receive the formal acknowledgement letter from INIS (usually 1 month period or thereabouts). So you will be pressed for time which it will most likely mean your application for EU1 may become complicated because it can be seen as intent or workaround to use the SS route rather than exercising Treaty Rights in a "natural" way

Good Luck

[shpirtshqipe]

You can also apply for a Visa Extension before the 3 months of the C Visa expires (basically it has to reach INIS before the Visa C expires). This may be a better option as it will buy you time to find a job and produce payslips upon application of EU1 (This may not be a good option if you're a UK resident with Article 50 and how it will affect the application)

I meant to say You can either Apply for the EU1 Residence card or Visitor Visa Extension but NOT both of them at the same time