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Correct and correct.a.s.b.o wrote: ↑Thu Aug 26, 2021 7:42 pmSo, do I understand correctly that the Minister will not err the law if Covid-related measures are used to bar a family member of the Irish nationaL from even applying for a short-term entry visa unless there is a dying family member in Ireland? Also, if read correctly, current measures cannot be used to restrict the non-EU family member of the Irish citizen from making a long-term visa application and to enter Ireland on its foot?
Many thanks
Thank you again. I believe I did query this on the other thread and you confirmed that Irish citizens, who exercised their treaty rights in another EU country, are treated as EU (and not as domestic) citizens upon return to Ireland. This, if understood correctly, would entail applying different (i.e. lower) financial requirements?littlerr wrote: ↑Thu Aug 26, 2021 10:24 pmCorrect and correct.
There is no automatic right to family reunification for Irish citizens. This has always been the case. In order to sponsor a non-EU family member for a visa, the Irish citizen sponsor must satisfy certain financial requirements. Automatic family reunification rights apply to EU nationals (who are not Irish citizens) under EU Treaty Rights only.
On top of this comes the COVID restrictions. The current COVID rules mean short-term visit visas are suspended, unless you are a beneficiary of EU Treaty Rights. Long-term Join Family visas are not affected and you can still apply for such visas as long as you satisfy financial requirements.
Of course, the 'centre of life' test is a familiar concept and simply relocating to another EU country for 6 months is frequently a non-runner. What is the reference to this arrangement Irish law anyway? it was known as Surinder Singh in UK.littlerr wrote: ↑Fri Aug 27, 2021 8:35 pmYes. You can exercise your treaty rights at a different EU country (which means you are no longer subject to the 40K euro financial requirement) and apply for a visa for your non-EU dependent in that country under EU Treaty rights. Once that's done, you have the rights to relocate back to Ireland while keeping you and your dependent's EU treaty rights.
These are all hypothetical conditions though. You would have to convince the officer that you were actually exercising your treaty rights in the other EU country and not simply for the purpose of relocation.