Irish returning with Non-EEA spouse after exercising EU treaty

[Billi92]

Hi

-I’m an Irish citizen exercising EU treaty right in N.Irl (UK) with my Non EEA spouse
-he has got the residence card for “family member of union citizen” which allows me to move back to Ireland with my non EEA spouse (according to INIS website)

I have a few questions if anyone has gone down this route if you could kindly enlighten me on this..
-my non EU husband has pre settled status as well as “EU family member residence card” issued by UK

My questions are..
1. Once I move back to Ireland what is the next step for my non EEA husband i.e going to garda station?

2. Which form do I submit for the residence card is it EU1 form or?

3. Can I submit the Irish residence card application for my non EU spouse and then go back to UK to study for a year?

4. If it is the EU1 form do I pretend I am “EU national” for the purposes of the form?

5. Will the UK issued Eu fam member card expire after December 2020 - meaning I only have until end of this year to move back to Ireland if I want to?

[avta]

Hi,

The "EU 3rty right" will not work for you in you home country i.e. in Ireland. Youre husband should obtain IRP stamp 4 here in Ireland. This is simple procedure in INIS. You will need to come in person together with your passports, marriage cert and proof of address. They will send the residence card to mentioned address.

[Billi92]

Hi,

The "EU 3rty right" will not work for you in you home country i.e. in Ireland. Youre husband should obtain IRP stamp 4 here in Ireland. This is simple procedure in INIS. You will need to come in person together with your passports, marriage cert and proof of address. They will send the residence card to mentioned address.

How does he apply for Irish residence permit?

[littlerr]

Hi,

The "EU 3rty right" will not work for you in you home country i.e. in Ireland. Youre husband should obtain IRP stamp 4 here in Ireland. This is simple procedure in INIS. You will need to come in person together with your passports, marriage cert and proof of address. They will send the residence card to mentioned address.

That’s wrong. Anyone who has exercised EU Treaty Rights outside his/her own EU country can continue exercising his/her EU Treaty Rights when they return to their home country.

[littlerr]

Answering OP’s questions:

1. Once I move back to Ireland what is the next step for my non EEA husband i.e going to garda station?
- When you arrive at the airport, both of you should clearly state to the immigration officer that you were exercising treaty rights in the UK previously and now you wish to move back to Ireland and continue exercising your treaty rights.

2. Which form do I submit for the residence card is it EU1 form or?
- EU1.

3. Can I submit the Irish residence card application for my non EU spouse and then go back to UK to study for a year?
- Your spouse should submit the application. Not you. And no if you go to the UK to study, you will be treated as exercising your treaty rights in the UK instead of Ireland, and your spouse’s application will be refused (remember Ireland and the UK share the same immigration data so checking flight details could not been easier).


4. If it is the EU1 form do I pretend I am “EU national” for the purposes of the form?
- Yes. You should include evidence of previously exercising treaty rights in the UK (bank statements, employment letter, college letter, utility bills etc).

5. Will the UK issued Eu fam member card expire after December 2020 - meaning I only have until end of this year to move back to Ireland if I want to?
- Nobody knows at this stage.

[Billi92]

Answering OP’s questions:

1. Once I move back to Ireland what is the next step for my non EEA husband i.e going to garda station?
- When you arrive at the airport, both of you should clearly state to the immigration officer that you were exercising treaty rights in the UK previously and now you wish to move back to Ireland and continue exercising your treaty rights.

2. Which form do I submit for the residence card is it EU1 form or?
- EU1.

3. Can I submit the Irish residence card application for my non EU spouse and then go back to UK to study for a year?
- Your spouse should submit the application. Not you. And no if you go to the UK to study, you will be treated as exercising your treaty rights in the UK instead of Ireland, and your spouse’s application will be refused (remember Ireland and the UK share the same immigration data so checking flight details could not been easier).


4. If it is the EU1 form do I pretend I am “EU national” for the purposes of the form?
- Yes. You should include evidence of previously exercising treaty rights in the UK (bank statements, employment letter, college letter, utility bills etc).

5. Will the UK issued Eu fam member card expire after December 2020 - meaning I only have until end of this year to move back to Ireland if I want to?
- Nobody knows at this stage.

Thank you so much for your response!! In regards to Q.5, I will probably be studying in Belfast from September onwards and I go by land border no immigration anywhere so will this be an issue for the Irish residence permit application for my nonEEA husband?

[littlerr]

They probably won’t find it out initially. However, when your husband applies for his first residence permit using EU1 form, he will be required to select how you are exercising your EU Treaty rights - I.e. you must be either working, studying or residing with sufficient funds in Ireland.

When your husband goes to renew his residence permit the next time, he will be required to provide proof that you are still exercising EU Treaty rights. This means you will need to be able to provide proof that you are still working or studying or residing in Ireland with sufficient funds. You will need to provide bank statement or payslip or college letter to prove that you have been living in Ireland. This is where it gets tricky if you spend the majority of your time in NI.

[avta]

Hi,

I don't think that it was changed recently. You can check on this forum archive for tag 4EU FAM. It was a lot of treads that Ireland did not issue this EU cards if one of the passport from Ireland citizen and other from non-eu. INIS is clearly says requirements on the web page for such registration (1A - as you have UK 4EU card to enter):
http://inis.gov.ie/en/INIS/Pages/WP07000024
It is exactly as I mentioned already, only passports, cert and proof, nothing extra, nothing to confirm job, salary etc...

[avta]

Hi,

The "EU 3rty right" will not work for you in you home country i.e. in Ireland. Youre husband should obtain IRP stamp 4 here in Ireland. This is simple procedure in INIS. You will need to come in person together with your passports, marriage cert and proof of address. They will send the residence card to mentioned address.

That’s wrong. Anyone who has exercised EU Treaty Rights outside his/her own EU country can continue exercising his/her EU Treaty Rights when they return to their home country.

----------------------
"Applications based on Irish nationals are not accepted by EU Treaty Rights Unit
Please note that we cannot accept applications under EU Treaty Rights provisions from non-EEA family members of Irish nationals. Directive 2004/38/EC on the right of citizens of the EU and their family members to move and reside freely within the territory of the Member States applies only to Union citizens who move to or reside in a Member State other than that of which they are a national.

Exceptions to this apply only in cases where the non-EEA national family member has previously held a residence card of a family member of a Union citizen which has been issued by another Member State under Article 10 of the Directive."
------------------------------
OK, there is exception mentioned here, but not sure if UK still fail under this circumstances, since UK is not member of state anymore.

[CR001]

The UK is still ANOTHER member state, for now!

[avta]

The UK is still ANOTHER member state, for now!

https://europa.eu/european-union/about-eu/countries_en

The Union currently counts 27 EU countries. The United Kingdom withdrew from the European Union on 31 January 2020.

Any kind of existing adaptation period doesn't change this common statement and date.

[CR001]

The UK is still ANOTHER member state, for now!

https://europa.eu/european-union/about-eu/countries_en

The Union currently counts 27 EU countries. The United Kingdom withdrew from the European Union on 31 January 2020.

Any kind of existing adaptation period doesn't change this common statement and date.

Perhaps you have missed that there is a transition period where all EU rules still apply!!

[Billi92]

They probably won’t find it out initially. However, when your husband applies for his first residence permit using EU1 form, he will be required to select how you are exercising your EU Treaty rights - I.e. you must be either working, studying or residing with sufficient funds in Ireland.

When your husband goes to renew his residence permit the next time, he will be required to provide proof that you are still exercising EU Treaty rights. This means you will need to be able to provide proof that you are still working or studying or residing in Ireland with sufficient funds. You will need to provide bank statement or payslip or college letter to prove that you have been living in Ireland. This is where it gets tricky if you spend the majority of your time in NI.

I see, my study period is only 1 year. And the residence permit is for 5 years I believe? The UK residence card was issued for 5 years. And my non-EEA husband won’t probably need to renew his residence permit as he will be eligible to apply for citizenship through naturalisation? I really need my nonEEA husband to have a way in to Ireland without us spending 2 more years in Northern Ireland(3 years reckonable residence on the island of Ireland makes one eligible to apply for citizenship)

[littlerr]

Yes that’s issued for 5 years.
Just remember that if he applies for citizenship based on marriage with an Irish national, you both will be required to submit proofs of residence, so you should at least have something in joint names such as joint bank accounts and utility bills. Try to have some grocery shopping transactions from your bank card as well because it is one of the main way INIS uses to verify whether you are in the state.

[Billi92]

Yes that’s issued for 5 years.
Just remember that if he applies for citizenship based on marriage with an Irish national, you both will be required to submit proofs of residence, so you should at least have something in joint names such as joint bank accounts and utility bills. Try to have some grocery shopping transactions from your bank card as well because it is one of the main way INIS uses to verify whether you are in the state.

Yes I’ll keep that in mind, hopefully he will be alright for the IRP.
Thanks for your help! Really appreciate it.

[Granista]

Thank you so much for your response!! In regards to Q.5, I will probably be studying in Belfast from September onwards and I go by land border no immigration anywhere so will this be an issue for the Irish residence permit application for my nonEEA husband?

Yes it will. You won't be living AND working in the State so you won't have the right to bring your EU treaty rights back from another member state.