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non EU citizen living in the EU marrying EU national

Forum to discuss all things Blarney | Ireland immigration

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Lety
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Joined: Tue Jun 03, 2008 11:28 am

non EU citizen living in the EU marrying EU national

Post by Lety » Tue Jun 03, 2008 11:43 am

Hi everyone,
I've been reading this forum for some time looking for the same case as mine, but I can't find it, so I decided to write.

I am a Brazilian citizen and I've been living and residing in Italy for almost 6 years now. I have an EU boyfriend (from Poland) who lives in Ireland and we've been together for more than 2 years. We want to get married, but I'm not sure I would satisfy irish reuirements, since he resides in Ireland and not here with me.

In other words, my question is: to tatisfy irish requirements of having resided in another EU country before moving to Ireland, do we have to have resided together or is the fact that I have lived here in Italy enough?

Thanks very much for your time and consideration,
Lety

CloggieVodka
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Location: Dublin

Post by CloggieVodka » Tue Jun 03, 2008 1:23 pm

Hi Lety,

If you are legally residing in Italy (greencard, etc), then you can move to Ireland on any visa to get married. Else, you can get married in Italy or anywhere else, and move to Ireland on a Spousal Visa.

That is IF you are in Italy legally, so you will have to support that with proof /documentation. The INIS must then legally grant you EUFAM/Stamp4 visa with reentry-visa (free) once you are married and apply (as dictated in EU Directives which you can see on this website). If you are not in Italy legally, then it's a different ball game entirely.

Lety
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Posts: 3
Joined: Tue Jun 03, 2008 11:28 am

LEGAL STATUS

Post by Lety » Tue Jun 03, 2008 3:02 pm

Hi, thanks a lot for your reply.
Yes, I am legal in Italy. I entered the country on a study visa and I am now on a kind of visa known as "awaiting citizenship". However, my citizenship will take at least 6-7 years to arrive. I can prove everything, have my permit of stay and papers from the local administration saying I am a resident.

walrusgumble
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Posts: 1279
Joined: Sat Jan 06, 2007 5:30 am
Location: ireland

Post by walrusgumble » Tue Jun 03, 2008 6:17 pm

better off getting married in Italy, and live together for a while and prove this. the department of justice, unfortunately might get a bit suspicious and not be satisfied that there is an existing marriage - since you are saying that your boyfriend lives in ireland whilst you are in italy.

they have refused non national parents of irish citizen children on the grounds that they are not actively involved with kid, and refused extensions where non spouse no longer lives with eu spouse.

For safety reasons it would be advisable to show that you have lived together in a place like italy. safes you the hassle of challenging the department over this.

Lety
Newly Registered
Posts: 3
Joined: Tue Jun 03, 2008 11:28 am

Post by Lety » Tue Jun 03, 2008 7:08 pm

Thanks a lot for your reply,
it's getting more complicated than I tought it would...
What would be an acceptable proof that we have lived together here, if he works full-time in Ireland?
he flyes to Italy every second week. would that be enough?

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