ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

EU1 form - what are the chances?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
rawgirl
Newly Registered
Posts: 7
Joined: Wed Feb 27, 2008 8:27 pm

EU1 form - what are the chances?

Post by rawgirl » Sun Mar 09, 2008 3:02 am

hi, please can anyone help or give advice?

my partner is a UK citizen, has been living and working in ireland for the past few months. i understand that as i am not a national of an EU state and intends to be resident for more than 3 months, i need to apply for the residence card. how long will the decision take?

i originally was an overstayer in the UK. will this affect my application in any way?

also, what are my chances of entering the UK when my partner wants to return home back to UK?

thank you in advance

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Re: EU1 form - what are the chances?

Post by Ben » Sun Mar 09, 2008 9:00 am

rawgirl wrote:my partner is a UK citizen, has been living and working in ireland for the past few months. i understand that as i am not a national of an EU state and intends to be resident for more than 3 months, i need to apply for the residence card. how long will the decision take?
Unfortunately, since Ireland does not recognise unmarried partners in it's national legislation, the same non-recognition is also true for EU1 applications in accordance with Directive 2004/38/EC.
rawgirl wrote:i originally was an overstayer in the UK. will this affect my application in any way?
It would have no bearing.
rawgirl wrote:also, what are my chances of entering the UK when my partner wants to return home back to UK?
In accordance with Directive 2004/38/EC your partner would fall under the Surinder Singh category, assuming your partner intends on working when he returns to the UK with you. But..

The important thing here is that Ireland will not grant residence for you in accordance with Directive 2004/38/EC, because Ireland does not recognise unmarried partners in it's national legislation. And he's the key point - since you would not have a valid residence permit for Ireland, issued in accordance with Directive 2004/38/EC, you and your partner would not be entitled to return to the UK under Surinder Singh conditions.

In short, forget Ireland as you are not married. Subsequently, forget the UK after Ireland. Consider moving to the continent for a few months, then to the UK.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Re: EU1 form - what are the chances?

Post by archigabe » Sun Mar 09, 2008 10:51 am

rawgirl wrote:hi, please can anyone help or give advice?

my partner is a UK citizen, has been living and working in ireland for the past few months. i understand that as i am not a national of an EU state and intends to be resident for more than 3 months, i need to apply for the residence card. how long will the decision take?

i originally was an overstayer in the UK. will this affect my application in any way?

also, what are my chances of entering the UK when my partner wants to return home back to UK?

thank you in advance
Im a bit puzzled by your story...you seem to have changed partners quite fast!
http://www.immigrationboards.com/viewto ... ht=#149434

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Re: EU1 form - what are the chances?

Post by Ben » Sun Mar 09, 2008 11:04 am

archigabe wrote:
rawgirl wrote:hi, please can anyone help or give advice?

my partner is a UK citizen, has been living and working in ireland for the past few months. i understand that as i am not a national of an EU state and intends to be resident for more than 3 months, i need to apply for the residence card. how long will the decision take?

i originally was an overstayer in the UK. will this affect my application in any way?

also, what are my chances of entering the UK when my partner wants to return home back to UK?

thank you in advance
Im a bit puzzled by your story...you seem to have changed partners quite fast!
http://www.immigrationboards.com/viewto ... ht=#149434
:evil:

rawgirl - are you a UK resident or a UK overstayer? Is your partner really a UK citizen?

Are you Malaysian? Kenapa datang sini tipo kita? Orang nak tolong awak, awak nak tipu orang buat apa? :?

rawgirl
Newly Registered
Posts: 7
Joined: Wed Feb 27, 2008 8:27 pm

Post by rawgirl » Sun Mar 09, 2008 12:21 pm

hi

sorry about the confusion!

there are actually a group of us using the same member details.

with regards to this post, the details are my current circumstances.

my partner is a UK citizen, i am a NON EU member,

what if we marry in ireland? better chances?

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
Contact:

Post by Ben » Sun Mar 09, 2008 12:39 pm

rawgirl wrote:hi

sorry about the confusion!

there are actually a group of us using the same member details.

with regards to this post, the details are my current circumstances.

my partner is a UK citizen, i am a NON EU member,

what if we marry in ireland? better chances?
It'd be a lot easier if you each had your own logins, but still..

Yes, if you as a non-EEA national marry your partner, a British citizen, you would be entitled to reside with your spouse in Ireland since your spouse would be working. This is in accordance with Directive 2004/38/EC. However, be prepared for a long fight with the Irish Department of Justice as you have would never have been resident with your spouse in another Member state, prior to coming to Ireland. But that's another story..

In any case, once you've been given a residence permit of some kind (it should be Stamp 4 EUFam and valid for 5 years, but you'll probably get Stamp 3 or 4 initially), you can then apply for a UK EEA Family Permit at the British Embassy in Dublin. Once you have this, you and your spouse can move to the UK and you can both work (basically).

Locked