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Non EEA seeking to join EU partner

Forum to discuss all things Blarney | Ireland immigration

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SuzieF
Newly Registered
Posts: 1
Joined: Fri Jun 23, 2017 5:07 am

Non EEA seeking to join EU partner

Post by SuzieF » Fri Jun 23, 2017 6:31 am

Hi,
I'm in the process of apllying for a long stay visa to join my partner (Dutch) who has been in ireland for the past 8 months. I am a non EEA national (Zimbabwean) and together we have an 11 month old son born in Zimbabwe. Kindly assist me on the following:
1. With regards to financial requirements, my partner has been in Ireland for only 8 months thus does not have the proof of €40k in 3 years, is there any way around this?
2. We have been together for 18 months only, we did not meet online, however the relationship developed fast, will the fact that our relationship doesnt meet the 2 year requirement hinder our application?
3. Can i apply for a short stay visa,and later apply for a long stay visa while i am in Ireland?
TIA

Chimex4u
Newly Registered
Posts: 1
Joined: Fri Jun 30, 2017 3:54 pm

Re: Non EEA seeking to join EU partner

Post by Chimex4u » Fri Jun 30, 2017 4:58 pm

I am also non-eea presently in Ireland with my British wife. Since your husband is Dutch and is presently working in Ireland then he is currently exercising his Eu treaty rights. All you need to do is apply for a short stay c visa under EU treaty rights for you and your child to join your husband here in Ireland. It should be free.of charge but u might have to pay postage fee which was the case with me. You will usually get a reply within 4-6 weeks as long as you have enough evidence to show you are married and the kid is his dad. Then while in Ireland u will apply for a residence card and you should be fine

shpirtshqipe
Member of Standing
Posts: 329
Joined: Thu May 19, 2016 11:33 am

Re: Non EEA seeking to join EU partner

Post by shpirtshqipe » Fri Jun 30, 2017 5:51 pm

You'll easily be able to fulfil the 2 year relationship requirement because by the time your residence card application is processed it will be at least 8 months.

As aforementioned from the previous post, apply for a short stay C Visa first then once you're in Ireland you can apply for the residence card. Just make sure that soon as you arrive in Ireland that your husband registers your name on utility bills, bank account, tenancy agreement etc. This is because when applying for the residence card you'll be asked to provide evidence of "activity in the state" even though you will have been in Ireland for only 3 months.

All the best

deepali_nandesh
Newly Registered
Posts: 4
Joined: Fri Jun 09, 2017 7:02 pm

Re: Non EEA seeking to join EU partner

Post by deepali_nandesh » Mon Jul 03, 2017 1:28 pm

The same case is mine. It has been 16 months' I applied for my Visa. It was mentioned in website that if I have to stay longer , have to apply for D type visa. Hence I applied for the same. I am Indian and my spouse is EU Citizen working in Ireland. I dont know whom to approach now. It has been very long period and no news yet.

Aaron-Law
Newbie
Posts: 46
Joined: Sun Jan 26, 2014 11:42 am

Re: Non EEA seeking to join EU partner

Post by Aaron-Law » Mon Jul 03, 2017 4:26 pm

SuzieF wrote:Hi,
I'm in the process of apllying for a long stay visa to join my partner (Dutch) who has been in ireland for the past 8 months. I am a non EEA national (Zimbabwean) and together we have an 11 month old son born in Zimbabwe. Kindly assist me on the following:
1. With regards to financial requirements, my partner has been in Ireland for only 8 months thus does not have the proof of €40k in 3 years, is there any way around this?
2. We have been together for 18 months only, we did not meet online, however the relationship developed fast, will the fact that our relationship doesnt meet the 2 year requirement hinder our application?
3. Can i apply for a short stay visa,and later apply for a long stay visa while i am in Ireland?
TIA

Hi SuzieF-Tia,
Good Afternoon.

Firstly, you have mentioned that you and your partner have a son together. Can you please advise the nationality of your son? Considering the fact that the biological/ natural father is a Dutch National the child would have acquired the same*.
Secondly, if your partner has been in exercise of his treaty rights as a worker or self employed he should have his tax documents/ P60's or equivalent to substantiate his claim of work. Payslips etc from his employer. There is nothing specifying a minimum income threshold required for EU nationals to support their non-Eu national dependents to live with them in Ireland.
What you were probably looking at is for Non-EU national dependents of Irish nationals joining them in Ireland.
You have stated that your partner and you have been together for 18 months and within this time you have a child together. There is nothing specifying a minimum of a 2 year requirement in the EU Law. It is the requirement of the Irish Law that a "De-Facto" partnership should have been subsisted for 2 years or more
if one was an Irish National or an Irish settled person.

In your case (which falls under EU law not Irish Law) you do not have to had been in a 2 year relationship with your Dutch national partner to gain entry and residency in Ireland. Furthermore the genuinity of your relationship can be evidenced by your son who was born as a direct of this relationship.

Please ask your partner to seek legal advise in case you think the information provided above is overwhelming or confusing.

*Unless the father did not want to apply for Dutch nationality for your son.

I hope the above information helps. If you have any doubts please feel free to ask.

Thank you,
Best regards,

Aaron.

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