Moving to Ireland with non EEA wife

[MightyFinest]

Howdy folks, hope you are all doing well.

I'm a UK Citizen living in the US with a permanent green card and my wife is a US citizen. We were looking at moving back us to the UK very soon but after looking into it in some details it seems we may have to wait to apply for a year if we go via the savings route. So, scrapping that idea (for now at least), it looks like there is possibility we can move to Ireland. Which we're happy to give a try if it means we can get a move on.

Now, I have a couple of questions i'd love to see if I can find answers for:

1. Does my wife need to apply for anything before we leave for Ireland? I can't find any information saying that she does but it just seemed strange to me to turn up at the border (with our dog and marriage certificate) and tell them we plan to live and work there. I realise I will lose my green card and i okay with that.

2. As a permanent US resident, what do I need to do once I arrive in the Ireland? Renounce my residency once in Ireland and apply for Irish residency? Close down US bank account? Anything else i'm missing?

Thank you in advance.

[PasadenaTom]

I don't think you need to renounce anything. As for your wife, it may depend on whether you move before or after Brexit.

As a UK citizen, you are entitled to live in Ireland without conditions or restrictions. Those rights are derived from Irish law, and should not be affected by Brexit. See Residence rights of UK citizens

I don't believe your wife has any rights under Irish law. If you move before the UK leaves the EU (March 29, 2019), she will have residence rights under the EU treaty.

If you move after Brexit, I think she would be treated like any other immigrant. Since you intend to live in the UK eventually, you wife could reside in Ireland by obtaining a Stamp 0 visa, though that requires she is financially independant; i.e, she can't work or operate a business in Ireland, and cannot use state services. To do that, she would need to prove she has at least €50,000 annual income and enough assets to cover emergencies (I've read that is an amount equivalent to the price of a home in Ireland, or roughly €150,000).

This article on post-Brexit residency rights may be of interest.

[MightyFinest]

Hmm, thank you. That is interesting.

I looked it up earlier and it seems I would have to give up my US green card formally (I-407 form). Kinda makes sense to let them know i'm not living there anymore, if only for tax reasons!

So, let me get this straight... I can just turn up to Dublin airport with my wife and dog and tell them what exactly? That we're "moving here". Will they interview my wife? Seems so relaxed after dealing with US and UK immigration for so many years!

Yes we would be planning to move to Ireland before Brexit. Not to complicate things further but depending on what happens with that i would have the required savings amount to apply for a UK visa after Brexit.

[PasadenaTom]

Keep in mind that I have no personal experience with this. I'm just an information/research junkie who recently obtained Irish citizenship by descent, and have investigated what would be involved to bring my non-EU citizen wife to Ireland.

Your wife will need to obtain a residence permit. I believe she can enter Ireland under a tourist visa, and then apply for long-term residence. Another person (charmender) commented on their experience in this post. You might want to check with the Irish Embassy to confirm. It may be a good idea to have documents you will ultimately need for the residence permit, such as marriage certificates.

I was originally looking at this from the entry to Ireland standpoint. But after further investigation, it appears you should formally abandon your U.S. permanent residence status.

You may want to keep in mind that U.S. citizens are required to pay U.S. taxes, regardless of where they reside. The U.S. has tax treaties with many countries under which double taxation is avoided or minimized. But unless your wiferenounces her U.S. citizenship, she will need to continue filing U.S. tax returns. The U.S. State Department charges a $2,350 fee to process these requests. Even if she does renounce, any income she receives from U.S. sources (Social Security, investments, pensions, etc.) will still be subject to U.S. taxes.

There is also potentially (depending on your recent income and assets) an "exit tax" that may apply to both of you. I don't really know the details of that.

I'm not sure about the dog...

[PasadenaTom]

This source appears to confirm that your wife can apply for a residence card within three months of arrival in Ireland:

If you do not hold an EU Family Residence Card issued by Ireland

• You must hold an EU Family Residence Card issued by Ireland to stay here for longer than 3 months.

• An EU Family Residence Card issued by another country in the EU/EEA or Switzerland is not valid for this purpose.

• To apply for an EU Family Residence Card, your family member must be resident in Ireland and be exercising their EU treaty rights of free movement at the date of application.

• You must apply within 3 months of your arrival here. Read a longer description about how to apply.

• In some circumstances, you may be given temporary permission to stay in Ireland until a decision is made. If so, you need to register with immigration.

... still not sure about the dog, however.

[MightyFinest]

Thank you! That makes sense. So we CAN indeed arrive into Ireland and just tell them that I am exercising EU rights (if they ask). Bring along a marriage certificate as proof. Enter the country and I apply for a EU Family Residence Card from there.

Yes, the dog is a whole different ball game. Way more difficult than getting us over there.