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Some queries on SECTION D of the EU1 Form

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thegoatherder
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Some queries on SECTION D of the EU1 Form

Post by thegoatherder » Wed Apr 09, 2008 12:51 pm

Hi there,

I'm a little confused on Section (D) of EU1 Form:
(1) Date of Arrival in State: My wife has been in and out of the State since April 2007. She last entered the State on 1st March 2008 - so do we need to put April 2007 here, or 1st March 2008??
(2) Have you previously resided in the state? Does this mean "have you lived here before?" or "were you previously granted residency status here before?"
(3) Date of first registration in Ireland? What exactly is meant by "Registration"?

Many thanks,
-- A.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Re: Some queries on SECTION D of the EU1 Form

Post by Directive/2004/38/EC » Thu Apr 10, 2008 7:59 pm

thegoatherder wrote:(2) Have you previously resided in the state? Does this mean "have you lived here before?" or "were you previously granted residency status here before?"
Any time the non-EU citizen has been in Ireland with their EU spouse, they are considered resident. This is even if they were in Ireland for a short visit.
http://eumovement.wordpress.com/2007/06 ... -question/

Note that this also applies if the couple has been in other EU countries (other than the home country of EU national). Keep this in mind in answering the question of whether you have previous residency in another EU member state.

thegoatherder
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Re: Some queries on SECTION D of the EU1 Form

Post by thegoatherder » Fri Apr 11, 2008 9:57 am

Directive/2004/38/EC wrote: Any time the non-EU citizen has been in Ireland with their EU spouse, they are considered resident. This is even if they were in Ireland for a short visit.
http://eumovement.wordpress.com/2007/06 ... -question/
OK, but the previous times she was in Ireland, we were not married. We dated for a while, then she went to Italy for a month and then we lived together for a 3 month period. After that period, my wife returned to the States for 2+ months and I married her over there. She returned 1st March. Under this circumstance, I assume she was not considered 'resident' the previous visits?
Directive/2004/38/EC wrote:Note that this also applies if the couple has been in other EU countries (other than the home country of EU national). Keep this in mind in answering the question of whether you have previous residency in another EU member state.
Again, my wife lived in the UK for 6 months+ prior to coming to Ireland, but we were not together at the time - so I guess she was not legally 'resident' at that time?

Directive/2004/38/EC
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Re: Some queries on SECTION D of the EU1 Form

Post by Directive/2004/38/EC » Fri Apr 11, 2008 11:14 am

thegoatherder wrote:Again, my wife lived in the UK for 6 months+ prior to coming to Ireland, but we were not together at the time - so I guess she was not legally 'resident' at that time?
I would definitely put that down on your application. She should put all visits to other EU member states. She was not resident according to the EU law, but she may have been resident according to UK law and that is just as good. What was she doing in the UK?

If I were in your situation, I would definitely go overnight to northern ireland before sending your EU1 application. Go this weekend and be resident together for a day! The key thing is document it so that you have evidence of your residence in another EU member state. Stay at a B&B and keep the receipt (maybe she should pay with her irish bank card to make a track) and take a picture of yourself with the daily newspaper clearly visible outside the B&B. Maybe write up a letter detailing your passport numbers and have the B&B owner check your passports and sign that you both stayed overnight.

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