Urgent: non-EU spouse only has 1 month to stay

[Iplixo]

I'm a British citizen and my wife is Chinese. We have just arrived in Ireland with her using a six month UK (BIVS) visa and we plan to move here permanently using EU treaty rights.

We were under the impression she would automatically be given the right to stay here for 3 months - giving us plenty of time to get all the necessary documents together for her EU1 application. Unfortunately, she was just given a single month to stay.

We are worried it won't be enough time. Does anyone have any advice?

Is there a way we can extend her stay?

Will she be able to hope over to the Britain and back again for extra time?

Can we send the EU1 application partially complete with easy-to-gather paperwork while stating our intention to send in the rest once we have it, and will that give her leave to remain until the whole process is complete?

Thanks in advance.

[narsilionh]

once you submitted the eu1 form your wife has rights to stay in Ireland dont worry about it.
I was in same condition with her. my visa was almost done only a week left and I found out I should send out the eu foem to get a letter from inis and make irp card
so my british wife went to office and she asked them
and they said once I submitted I have righrs to stay in Ireland
whether visa is done or not.
actually I was fine and totally fine so far im currently
processing eu1 form

[Iplixo]

Thank you for your reply; however, we already know that she will be fine once we submit the EU1 form. The problem is that we don't know if 1 month is enough time to gather all the paperwork needed to submit it.

[shpirtshqipe]

You’ll have time to get your wife’s name registered jointly in utility bills, tenancy agreement etc so get going with this ASAP.

When adding your wife to tenancy agreement ask the Agency/Landlord to register your wife’s name with the PRTB as this can take some time to receive in the post.
See link of what PRTB is: https://www.rtb.ie

INIS isn’t the fastest of services from the time you apply for the EU1 to the time of them asking for further evidence of activity in the state. When they do ask in writing for further evidence, they’ll give you about a month to do so. Even if the month has gone past I seriously doubt they’ll make a final decision that quickly given the backlog of applications being processed. Obviously whatever evidence you send them make sure it is a Signed For Recorded Delivery.

[Iplixo]

Thanks, this is more what I was wanting to find out.

Just to be clear - are you saying we can apply through the EU1 route using tenancy agreement/utility bills alone at the beginning?

Also, I assume further activities in the state would mean employment contract and joint bank account, etc. In which case, would I be able to set up as self employed at the beginning - and what evidence would I need to prove it?

I understand a business account can be set up, but I'm worried I'll be asked to prove evidence of transactions despite having had no time to get the business properly up and running before she has to leave.

[broli]

You dont need PRTB , it was mandatory 5 years ago when i came. tenancy agreement is enough! Now its just another option.

[Iplixo]

We thought we had managed to get a great room in a shared apt, but when asking a representative of the landlord if they could register my wife's name with the PRTB, they didn't know what we were talking about and insisted it wasn't possible.

I've had a look at the link you sent and I'm now worried they didn't have the property itself registered (although they insist that it is).

Is there any paperwork we can ask them for that would clear things up? Also, the representative didn't seem to understand how to register a tenancy even after showing them the link, is there other information we can direct them towards?

Thanks again

Edit: sorry, I just saw the new response after I posted this. Thanks for the reply. Seems we don't need to worry so much afterall.

[shpirtshqipe]

The PRTB was just another additional evidence but not being able to get one as previously pointed out it’ll not affect your application.

Unfortunately I have no experience on the self employed option and how long it takes to setup.

This post here however may be of use to you:
ireland/arrival-in-ireland-with-non-eea ... 34864.html

If you read through the thread there’s some instructions on how to go about the self employed option

All the best

[Iplixo]

Thanks for clearing things up.

So to summarize (and help out anyone else who might be in the same situation):

1. As soon as we have a tenancy agreement we can copy it and send it off with the EU1 form despite not yet having any of the 'Evidence of Activity in the State' documentation it asks for, as it will initiate our EU1 application and INIS will get in contact with us later on to ask for further paperwork in order to complete it.

2. The above will effectively increase the period of time my wife will be allowed to stay here.

3. Registration with the PRTB isn't required - the rental contract and a letter from the landlord detailing that they pay our utilities are all that's needed.

Are points 1, 2 and 3 correct - if not, which ones and why?

[henbabani]

if a may ask - how she gets only one month?
in the airport?
what have you said to the airport police man?
thank you