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This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):charmender wrote:Hi all,
Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.
My husband is a non EU citizen and we both currently live outside the EU. However, I have decided that I want to move back to Ireland for a while. Now looking at our options we seem to have chosen Malta. I am not sure how successful the UK would be because it seems pretty easy to get a schengen visa to Malta for my husband. I want to make this as less stressful as possible as I am sure a lot of you know the application for visas can be.
Anyway of course INIS are as usual anything but helpful. I have emailed them a couple of times trying to ask questions and they just refer me to links probably because they do not want me to know my rights. In the UK I have read they have that centre of life thing. Now when I asked INIS what exactly do I need they just told me that my husband needs an EU residence card in order to fall under the directive. They did not answer my question about the time period we need to live abroad. Is 3 months enough? I am worried that they will say it is not enough even though they said the time is not important as long as he has a residence card. The Europe Advice centre on the other hand has said at least 3 months must be spent living in the other EU country.
Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!
Thanks but I have looked at that website and its from the perspectives of British citizens whereas I am trying to get the perspective of any Irish person who has taken this route. It just seems like Irish people don't really know about this route?noajthan wrote:
This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):
http://britcits.blogspot.co.uk/p/library.html
Your rights will be based EU rights as on your return to Eire you will be an 'EEA national'.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
I am not quite sure about that because even the Europe Advice centre told me that my husband will need a residence card and most of things I read online seem to confirm thisObie wrote:The Department of Justice said your husband need Residence Card, but such requirement is unlawful.
Neither Surinder Singh nor Eind or the case of OB C-456/12, requires this.
All that is required is that treaty right must have been exercised.
Forget the British connection, this is all about EU rights. The same principles apply across the board - that is the point of it.charmender wrote:Thanks but I have looked at that website and its from the perspectives of British citizens whereas I am trying to get the perspective of any Irish person who has taken this route. It just seems like Irish people don't really know about this route?noajthan wrote:
This may help - there is Malta related info to be found here (a country guide & someone's blog & etc):
http://britcits.blogspot.co.uk/p/library.html
Your rights will be based EU rights as on your return to Eire you will be an 'EEA national'.
Get up to speed here:
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
It appears you have been grossly misinformed by the Europe Advice centre or else you have misunderstood them.charmender wrote:I am not quite sure about that because even the Europe Advice centre told me that my husband will need a residence card and most of things I read online seem to confirm thisObie wrote:The Department of Justice said your husband need Residence Card, but such requirement is unlawful.
Neither Surinder Singh nor Eind or the case of OB C-456/12, requires this.
All that is required is that treaty right must have been exercised.
Do you have to live in the Republic (ROI) straightaway? What about moving to Northern Ireland (NI) for a while and then move back to ROI as an EEA citizen who has exercised rights in another EU member state? You'd be living in the UK and could get an EEA family permit. You would also just be a drive away from family in ROI.charmender wrote:Hi all,
Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.
My husband is a non EU citizen and we both currently live outside the EU. However, I have decided that I want to move back to Ireland for a while. Now looking at our options we seem to have chosen Malta. I am not sure how successful the UK would be because it seems pretty easy to get a schengen visa to Malta for my husband. I want to make this as less stressful as possible as I am sure a lot of you know the application for visas can be.
Anyway of course INIS are as usual anything but helpful. I have emailed them a couple of times trying to ask questions and they just refer me to links probably because they do not want me to know my rights. In the UK I have read they have that centre of life thing. Now when I asked INIS what exactly do I need they just told me that my husband needs an EU residence card in order to fall under the directive. They did not answer my question about the time period we need to live abroad. Is 3 months enough? I am worried that they will say it is not enough even though they said the time is not important as long as he has a residence card. The Europe Advice centre on the other hand has said at least 3 months must be spent living in the other EU country.
Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!
Hi charmender,charmender wrote:Hi all,
Have been reading posts on the forum for a while now but finally decided to join and ask a few questions. I have read a lot on the EEA route but so much of the posts here are related to British citizens using it. I am an Irish citizen (not dual British etc) and I want to use this route also and am hoping that some of you can give some advice.
...
Plus has anyone had experience coming back to Ireland having done this? Any other advice appreciated!
I'd love to help you but I am just in the planning stages myself. I don't plan on moving until the summer. Will keep you updated as anything progresses though.travelling-show wrote:
Hi charmender,
I am in a similar situation: Irish with a non-EU relative (dependent father) aiming to eventually move to Ireland.
Similarly, I have trouble navigating a very UK-centred approach to Surrinder Singh and thinking about Malta too being cognizant of the unique challenges that the Home Office presents.
Would be excited to hear about your experience so far.
I am only at the planning stages (in my father's native country while he is undergoing surgery now)
Best of luck
Yes I suppose I have been which is why I'd like more clarity. What exactly do you present at the border control when taking this route. I mean surely you have to show some evidence that you lived in an EU country? Like how do I show I exercised my EU rights?noajthan wrote: It appears you have been grossly misinformed by the Europe Advice centre or else you have misunderstood them.
A RC is strictly a confirmatory document - it grants no rights & is optional.
Are you asking what evidence to show at Irish border to re-enter Ireland?charmender wrote:Yes I suppose I have been which is why I'd like more clarity. What exactly do you present at the border control when taking this route. I mean surely you have to show some evidence that you lived in an EU country? Like how do I show I exercised my EU rights?
If you search in the forum you will find other members who have reported on their border chit chat with guards & IOs.charmender wrote:Thanks for your reply.
I suppose it is better just to have all documentation on hand and be ready for their questions.
Another thing I am curious about is what do you actually say at the border. I mean obviously we would plan to stay in Ireland for a while so do you tell the border guard this or do you save your reasons for when you apply at INIS for the residence card?