EU1 Visa for someone living in Malaysia?

[b68722]

Hi I am a British antional working in Northern Ireland and living in Ireland. My spouse lives in Malaysia and I intend to try to bring her over to live with me next year. Should she apply via an EU1 Visa while she in in Thailand? Is it possible considering I work in Northern Ireland but live in Ireland? Or should she apply via the Ireland embassy while in Thailand. Any help would be greatly appreciated.

[jul1]

You are working in UK (Northern Ireland) as a british citizen, if you meant you want to apply on EU1 form for resident card in Ireland for your wife than first you have to find a job in Ireland, your job contract matters not where do you live, just by living in Ireland you are not exercising your eu treaty rights. Though you could live in UK but come to work every day to Ireland, with an irish job contract, than it is considered un der eu treaty rights (but maybe you dont want to complicate it)
If you dont want to change your job you have to go by UK immigration rules, good luck with that...

You are looking for Surinder Singh way if you than want to move back to UK . End of August there will be a decision in Ireland about a typical Surinder Singh way (visa delays). UK wants to close it down.
Altough if you dont want to go back to UK later you are lucky, Malaysian citizen dont need visa to Ireland, after you got a job in Ireland she can come over and apply for resident card, she will get it in 10 months or more, in the meantime she can legally work in theory but practically until she gets the eu4fam card no one will hire her (or if she gets the temporary stamp she could work for few months, but when it expires but the eu4fam card still did not come yet - which happens all the time - she will be fired).
But you have to hurry up until you are an EU citizen yourself, after brexit (will happen around 2020) you wont have those treaty rights.

[Obie]

As the OP is a frontier worker , he will be entitled to bring his wife under EU law. However he will need to apply for his wife entry visa first and after that the issue of EU 1 will come after that.

[b68722]

Thank you very much for your replies. I was hoping as a frontier worker I could use the EU1 forms (but I could not find anything about this in the official documentation). I would not really want to give up my job in Northern Ireland and hope proving my centre of life is clearly Ireland would suffice. I am not planning on using the Surinder Singh route as I wish to remain resident in Ireland.

Another supplementary question is regarding timescales. If my wife joins me in Ireland, I understand that she will be granted a 3 month Visa automatically. The official Ireland immigration website (http://www.inis.gov.ie/) states 'the EU1 forms now take 10 months to process and a grant of temporary permission pending a decision on the application can take up to 12 weeks or more' ....

What would happen if my wifes 3 month initial Visa expires and no temporary permission is granted?

Thanks again for any help with this matter.

[b68722]

Hi, does anyone know where I can official documentation regarding an EU1 application on the basis of being a frontier worker? I am a British national who works in Northern Ireland, but live in Ireland. I want to bring my wife to live with me in Ireland.

Many thanks in advance

[jul1]

i think in o and b v the netherlands case, the Dutch spouse was living in the Netherlands but every day was commuting to Belgium so they could claim 2004/38.
In what case ECJ decided to allow the citizien just simply residing in a neighboring country but still working in his own country to be under eu directive? or it just comes from the directive itself, i dont see that ...


that is from o and b v the netherlands:

Article 45 TFEU therefore confers a derived right of residence on a third-country national who is
the family member of an EU citizen in the Member State of which that citizen is a national, where
the citizen resides in that Member State but regularly travels to another Member State as a worker
within the meaning of that provision, if the refusal to grant such a right of residence discourages
the worker from effectively exercising his rights under Article 45 TFEU, which it is for the referring
court to determine


so lets say your Polish living very close the German border, working in Poland for a Polish company, just because you rent a flat few kilometres away and ive there in Germany you could claim eu directives for your non-eu spouse?

[Obie]

Have you considered getting an Irish medical insurance, or a UK issued European Health care card. This will enable you to come within the Scope of Irish legislation .

[b68722]

Thankyou. yes i am in the process of applying for a UK issued European Health care card. But I did not know this would help with the EU1 application, thankyou again. Still not sure about my frontier resident status..