Retained rights with a permanent EU Fam card

[notrouble]

Dear all,

I have a question posed by a friend. What are the (retained) rights of (permitted/qualified) non-EU family members (who have EU Family cards in Ireland based on their EU citizen relative) after they get their permanent EU Fam cards?

He has a father and a brother who have such cards (issued under the Directive).

Can the EU citizen leave Ireland and move to a different country? Would that affect their non-EU citizen relatives in Ireland?

If his brother marries someone, will that person be allowed to join him in Ireland? Under which regulations would this be dealt with by the Irish authorities?

Thanks!

[notrouble]

Any thoughts?

[broli]

This a very good question Guys MODs please respond.

Can a holder of EU permanent resident card stay legally even if EU citizen leaves the states..

I think they should be able to stay but i need people to contribute anyone who got EU3 Approved recently can also respond.

[dupalsky]

The answer is YES!

[notrouble]

The answer is YES!

Hey Dupalsky,

Have you come across anything in writing that my friend could quote if it comes to dealing with these issues?

Thanks!

[dupalsky]

Why would your friend feel the need to to have to explain himself to immigration. The only time your friend will come accross immigration is when he travels and the only concern immigration will have will be whether his residence card is valid or not.

Meanwhile, immigration knows the distinction between ordinary residency card and permanent resident card and they are aware of the rules associated to each.

Dupalsky

[notrouble]

Why would your friend feel the need to to have to explain himself to immigration. The only time your friend will come accross immigration is when he travels and the only concern immigration will have will be whether his residence card is valid or not.

Meanwhile, immigration knows the distinction between ordinary residency card and permanent resident card and they are aware of the rules associated to each.

Dupalsky

They are just not sure as to what would happen to his dependent brother once he gets married. Under which regulations would his brother's wife go? The brother is still non-EU and it's not clear what piece of legislation deals with non-EU family members once they acquire their permanent right of residence...

[dupalsky]

Hey,

I am a little confuse by you earlier pos(the part about brother, marriage, brother's wife and permission).

Can you explain the scenario a little more clearly

Dupalsky

[notrouble]

Hey,

I am a little confuse by you earlier pos(the part about brother, marriage, brother's wife and permission).

Can you explain the scenario a little more clearly

Dupalsky

What we have is:

1) Adam, an EU citizen, resident in Ireland
2) His brother Brian, a non-EU citizen who acquired a permanent card in Ireland under the EU Directive due to being a member of Adam’s household prior to their move to Ireland
3) Brian is considering getting married to another non-EU citizen, who is not resident in the state.

The question is:

what are the immigration rules that will apply to Brian’s future wife? Will she apply to join Brian under the regular Irish rules for non-EU citizens? Or under what rules would does Brian fall for the immigration purposes? Would he have to apply for some independent status before he can get married?

[Obie]

EU rules will not apply. His brother will need to apply for stamp 4 for his partner.

[dupalsky]

Hi Notrouble,

Well, I am guessing you made a mist at saying that Brian acquired a permanent residency card through Adam. I am thinking you meant, Brian acquired residence stamp 4eufam. If this is the case, then Brian will have to apply for stamp 4 for the wife. Although, I must say, it might not be that easy as his status is dependent on his brother's status.

But, if you meant that he has acquired permanent residency, then it will be straight forward for him as he will be standing on his own two feet having gotten his permanent residency.

Dupalsky

[notrouble]

Hi Notrouble,

Well, I am guessing you made a mist at saying that Brian acquired a permanent residency card through Adam. I am thinking you meant, Brian acquired residence stamp 4eufam. If this is the case, then Brian will have to apply for stamp 4 for the wife. Although, I must say, it might not be that easy as his status is dependent on his brother's status.

But, if you meant that he has acquired permanent residency, then it will be straight forward for him as he will be standing on his own two feet having gotten his permanent residency.

Dupalsky

Hi there,

What I meant is that Brian has now secured a permanent EU Family card based on his relationship to his brother (a household member of an EU citizen). Hence technically he is a permanent resident on the state.

PS: I had a similar situation in another Member State (Spain) where my sister has successfully acquired a permanent residency card under the EU Directive (as a member of my household). She just had a baby here and the child acquired an identical 10-year card with an exact same status (EU Family) and expiry dates based on my sister’s relationship to me. According to the immigration authorities here, if my sister is to marry a non-EU guy, he would acquire also the same card in Spain - effectively also to be linked to me!


Adam in Ireland has an identical situation yet it seems the two member states deal with these permanent residents in two different ways.

[notrouble]

Any comments?

[mgb]

Brian is not a eu citizen and therefore his family is underlying national irish immigration law.