Freedom of movement non-eu spouse question

[shnooks1]

Hello. My husband and I are considering moving to the Republic of Ireland and we would just like to know how the freedom of movement laws would affect us in our situation.

I am an American and my husband is an EU national (Italian/South African dual citizen) who has never lived in the UK or EU. He moved from SA to the US where we have been living together for 9 years and married for 1 year.

If he has never lived in Europe, would I share his freedom of movement rights or would I need a visa? Would I be able to obtain permanent residence?

Thank you for any advice.

[shnooks1]

After researching I understand I need a short term C visa
My only questions now are:

Do I need medical/travel insurance?
Once I receive the visa how much time do I have to arrive in Ireland? I know once I arrive it is valid for 3 months.

[shnooks1]

One more question: Apparently Americans don't need a visa for Ireland? Couldn't I just fly as a tourist to join my husband once he settles in then apply for a residence card or would that cause trouble with immigration?

[Aaron-Law]

One more question: Apparently Americans don't need a visa for Ireland? Couldn't I just fly as a tourist to join my husband once he settles in then apply for a residence card or would that cause trouble with immigration?

Hi Shnooks1,

If you are planning to travel with your husband to the Republic of Ireland you will be granted a tourist visa on arrival (on your American passport) unless you tell the immigration officer that you and your husband (Italian national intend to stay longer than 3 months. This is when they should ideally stamp your passport with a "D" category visa valid for 90 days. Ensure you carry your marriage certificate with you and be prepared to produce it at the airport. Once you are in country you have 90 days for apply for a residency card. During this time your husband can get himself sorted into work etc..

I hope this helps.

Thank you,
Best regards,

Aaron.

[shnooks1]

Okay wow I didn't think it would be that simple. Thank you so much for clarifying. My husband also has to have a job within 90 days in order for us to stay. Thank you again.

[Obie]

They never stamp or give D category visa to EU family member. Only C category is issued.

[nasjr]

I have heard that if ur sponsor is excersing the freedon of movemt right in ireland then they need to take an english test. Is this true?

[Aaron-Law]

I have heard that if ur sponsor is excersing the freedon of movemt right in ireland then they need to take an english test. Is this true?

Hi Nasjr,

If the sponsor (presuming an EEA National) in question intends to pursue education in the Republic of Ireland then maybe. This depends on the School/ College/ University and their enrolment criteria.

Otherwise, there is no requirement of an English language test for EU national's or their non-EEA dependants.

I hope that helps.

Thank you,
Best regards,

Aaron.

[nasjr]

thanks for the response. My mother in law is British and was doing a freedom of movement case for her kids and husband through Ireland but her solicitor said that there is a new rule that the sponsor has to speak English in order to bring out non EU family. So i have no idea as to why he has said this

[Aaron-Law]

thanks for the response. My mother in law is British and was doing a freedom of movement case for her kids and husband through Ireland but her solicitor said that there is a new rule that the sponsor has to speak English in order to bring out non EU family. So i have no idea as to why he has said this

Hi Nasjr,
Good Evening!

This is a bit vague but is your Mother-in-Law Exercising her Treaty Rights as a student pursuing education in the Republic of Ireland?
If she (the British citizen) is exercising her Treaty rights in Ireland as a worker or self-employed then there is no requirement of language. But most British citizens speak some English anyway.

Nevertheless, ask the Solicitor where is this criteria of "language" mentioned in the Directive?
I would really like to hear his/ her inputs.

I hope this helps.

Thank you,
Best regards,

Aaron.

[nasjr]

Thank you once again for your time. My mother in law is not studying, she is exercising the freedom of movement right as a worker. Secondly due to the brexit will she be able to file her case now or does she has to wait until a deal is negotiated regarding the freedom of movement act?

I will contact my solicitor about the directive as i have never heard of this before.

Kind Regards,
NasJR

[Aaron-Law]

Thank you once again for your time. My mother in law is not studying, she is exercising the freedom of movement right as a worker. Secondly due to the brexit will she be able to file her case now or does she has to wait until a deal is negotiated regarding the freedom of movement act?

I will contact my solicitor about the directive as i have never heard of this before.

Kind Regards,
NasJR

Hi NasJR,
Good Evening!

You will have to ask her to discuss this issue with her Solicitors, same guys who were advising her all this while.

By the way, It depends on her circumstances and the time since she started exercising her rights as
a worker in Ireland.

I hope this helps.

Thank you,
Best regards,

Aaron.

[noajthan]

I have heard that if ur sponsor is excersing the freedon of movemt right in ireland then they need to take an english test. Is this true?

That is nonsense.

Get up to speed on EU free movement with this handy guide, (no doubt paid for by the VAT on your consumer spending):
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
- you may like to forward a copy to your 'advisor' too.

[Aaron-Law]

I have heard that if ur sponsor is excersing the freedon of movemt right in ireland then they need to take an english test. Is this true?

That is nonsense.

Get up to speed on EU free movement with this handy guide, (no doubt paid for by the VAT on your consumer spending):
http://ec.europa.eu/justice/citizen/doc ... 013_en.pdf
- you may like to forward a copy to your 'advisor' too.

Hi Noajthan,
Good Evening!

Nice one man!! Lol. I was trying to be soft on the "Advisor" you smoked him out mate, awesome!

This is the thing - most of these unqualified advisors give wrong advise and misguide innocent people.
I have met a few in Dublin and funny enough they cannot even phrase sentences in English.

Thank you,
Regards,

Aaron.