Moving Ireland with Non EU Spouse (overstayed visa in UK)

[AlbertUK]

Hello there,

My name is Albert and I have been living in England for 12 years. Last year I became a British citizen and decided to move to Dublin next year. I am planning to bring my wife with me (we got married in London in 2015). Her documentation has been with the home office since then and unfortunately we learned a few months ago that her visa has been refused. As her been a overstayed would I be able to bring her with me to Dublin from London next year? She is Brazilian. Many Thanks

[shpirtshqipe]

Hi Albert,

It would seem your priority is to bring your wife across the border and into Ireland. How you do this is entirely your choice. Legally bringing her here may be a challenge due to her adverse immigration history in the UK i.e. applying for a visitor visa. Your wife going back to her home country will make the application process for the EUFAM much longer.

Once your wife is Ireland you’ll need about 3 months to fully establish yourself officially as an ordinary resident. At the end of this period you’ll be able to apply for your wife’s EUFAM residence card.

[mgb]

Hi Albert,

It would seem your priority is to bring your wife across the border and into Ireland. How you do this is entirely your choice. Legally bringing her here may be a challenge due to her adverse immigration history in the UK i.e. applying for a visitor visa. Your wife going back to her home country will make the application process for the EUFAM much longer.

Why should that be a challenge?
Article 5 of the directive give the right of entry for a family member of a eu citizen. There has to be a visa or entry stamp issued at the border if needed.
Beside ryanair I don't know any carrier who is checking for visas inside the CTA.

[Wanderer]

Hi Albert,

It would seem your priority is to bring your wife across the border and into Ireland. How you do this is entirely your choice. Legally bringing her here may be a challenge due to her adverse immigration history in the UK i.e. applying for a visitor visa. Your wife going back to her home country will make the application process for the EUFAM much longer.

Why should that be a challenge?
Article 5 of the directive give the right of entry for a family member of a eu citizen. There has to be a visa or entry stamp issued at the border if needed.
Beside ryanair I don't know any carrier who is checking for visas inside the CTA.

Bear in mind too the Garda is all over Dublin Port, I'm checked every time coming in (in a UK registered car on an NI plate), and sometimes on the way out. Even checked twice in the way out into Dubs once!

They ask for licence but I suspect if I wasn't EU they'd ask for passport etc then who knows.

[mgb]

There has to be a visa or entry stamp issued at the border if needed.

I wrote it already. That is what is counting.
The garda simply has to follow eu law.