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Article 10 Card - Family members of EU Citizen

Forum to discuss all things Blarney | Ireland immigration

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sparklingcyder
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Article 10 Card - Family members of EU Citizen

Post by sparklingcyder » Mon Jul 09, 2018 8:39 am

Hello. I am a Spanish citizen who just moved to Ireland for work. My parents currently hold permanent Article 10/ Family Member of an EU citizen cards issued in Spain ( familiar de Ciudadano de la union). When they arrive in Ireland, are they required to apply for residency using the EU1 form? Can't they just register as family members of an EU citizen?

I was able to prove that my parents are financially dependent on me in Spain, however, I've read that in Ireland this is very difficult to prove. Please let me know what paperwork they are required to submit. Thank you.

max307
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Re: Article 10 Card - Family members of EU Citizen

Post by max307 » Mon Jul 09, 2018 3:01 pm

Yes, they are required to apply for residence in Ireland. The forms used for this application are under the EU Treaty Rights section but it looks like they have form EU1 for qualifying family member of an EU citizen and EU1A for permitted family member of an EU citizen. I’m not entirely sure if your parents are considered qualifying or permitted family member of an EU citizen so that’s something you will need to find out.

http://inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

boneskiller
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Ghana

Re: Article 10 Card - Family members of EU Citizen

Post by boneskiller » Wed Jul 11, 2018 2:51 am

Hello,i will like to ask you if your parents applied for the EEA family permit in Spain before moving to Ireland?Or they used their article 10 residence card to travel with you.

sparklingcyder
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Re: Article 10 Card - Family members of EU Citizen

Post by sparklingcyder » Mon Jul 23, 2018 11:28 am

Hi. My parents have had a Spanish Article 10 card, Family Member of an EU Citizen" for over 5 years. I'm wondering, has anyone with such a card ever been denied for a Stamp4EUFam when they moved to Ireland?

max307
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Re: Article 10 Card - Family members of EU Citizen

Post by max307 » Thu Jul 26, 2018 7:44 pm

Not that I'm aware of, Irish authorities will need to establish that your parents qualify as beneficiaries of Directive 2004/38/EC and also will look to prove on you dependency (mainly financially) so my advise is to build a strong case for yourself otherwise the application will be denied.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

notrouble
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Re: Article 10 Card - Family members of EU Citizen

Post by notrouble » Thu Aug 02, 2018 10:21 am

sparklingcyder wrote:
Mon Jul 23, 2018 11:28 am
Hi. My parents have had a Spanish Article 10 card, Family Member of an EU Citizen" for over 5 years. I'm wondering, has anyone with such a card ever been denied for a Stamp4EUFam when they moved to Ireland?
Hey there,

Just a few comments from me (Irish citizen resident in Spain):
1) your parents might have a problem entering Ireland on the basis of this Spanish family card.

I recently traveled to Ireland with my mother (who also holds a Spanish family card), and at the border, the immigration officers had a conversation. The more experienced one was telling the other one that with when processing arrivals with a Spanish family card, one needs to make sure the EU citizen isn’t a Spanish citizen. They also know that Spain issues these cards to families of Spanish citizens. According to the more experienced officer, non-EU family members of Spanish citizens do not have a right to come to Ireland visa-free but have to apply for a visa first.

2) regarding the documents, I would guess that bringing a copy of the certificate of empadronamiento would allow showing that your parents are also members of your household.

3) it is recommended to show that you have been supporting them financially for an extended period of time. Ideally, they’d houdl hold their own bank accounts, you transfer money into these accounts, and they spend money to pay for heir daily activities including groceries and medical insurances (which were mandatory anyway in Spain).

4) keep on taking photos with them throughout your time. This could be one way to show your emotional dependence on each other.

Anyway, do send me a PM.

Cheers

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CR001
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Re: Article 10 Card - Family members of EU Citizen

Post by CR001 » Thu Aug 02, 2018 10:32 am

notrouble wrote:
Thu Aug 02, 2018 10:21 am
sparklingcyder wrote:
Mon Jul 23, 2018 11:28 am
Hi. My parents have had a Spanish Article 10 card, Family Member of an EU Citizen" for over 5 years. I'm wondering, has anyone with such a card ever been denied for a Stamp4EUFam when they moved to Ireland?
Anyway, do send me a PM.

Cheers
Kindly desist from asking members to 'send me a PM'. The user you are responding to does not have the privilege of PM yet.

Members are again reminded to post in public so that all may benefit and any dubious or incorrect advice can be corrected. Any abuse of the PM function or sending unsolicited PMs, will result in the privilege being withdrawn from members permanently!!
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

notrouble
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Re: Article 10 Card - Family members of EU Citizen

Post by notrouble » Thu Aug 02, 2018 11:00 am

Ok

notrouble
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Posts: 52
Joined: Wed Aug 24, 2011 10:16 pm

Re: Article 10 Card - Family members of EU Citizen

Post by notrouble » Tue Aug 07, 2018 11:49 am

I just realised that your parents are US citizens and hence they will no need visas to enter Ireland anyway.


notrouble wrote:
Thu Aug 02, 2018 10:21 am
sparklingcyder wrote:
Mon Jul 23, 2018 11:28 am
Hi. My parents have had a Spanish Article 10 card, Family Member of an EU Citizen" for over 5 years. I'm wondering, has anyone with such a card ever been denied for a Stamp4EUFam when they moved to Ireland?
Hey there,

Just a few comments from me (Irish citizen resident in Spain):
1) your parents might have a problem entering Ireland on the basis of this Spanish family card.

I recently traveled to Ireland with my mother (who also holds a Spanish family card), and at the border, the immigration officers had a conversation. The more experienced one was telling the other one that with when processing arrivals with a Spanish family card, one needs to make sure the EU citizen isn’t a Spanish citizen. They also know that Spain issues these cards to families of Spanish citizens. According to the more experienced officer, non-EU family members of Spanish citizens do not have a right to come to Ireland visa-free but have to apply for a visa first.

2) regarding the documents, I would guess that bringing a copy of the certificate of empadronamiento would allow showing that your parents are also members of your household.

3) it is recommended to show that you have been supporting them financially for an extended period of time. Ideally, they’d houdl hold their own bank accounts, you transfer money into these accounts, and they spend money to pay for heir daily activities including groceries and medical insurances (which were mandatory anyway in Spain).

4) keep on taking photos with them throughout your time. This could be one way to show your emotional dependence on each other.

Anyway, do send me a PM.

Cheers

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