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I believe they are some how right, but their response is so muddled up.CatBrom wrote: ↑Thu Sep 23, 2021 4:43 pmThanks for this although it does not really state what I should include in that letter. INIS was also not helpful when I eventually got a reply. They told me I had to be a de facto partner with my partner prior to getting married and then applying for a residence card on the EUTR1A, if that makes sense. Nothing about before the end of January. I still don’t know what to do or what the right answer is. If he was able to get his Irish citizenship within two years it wouldn’t be an issue but with the way the FBR is going, I’m not hopeful.
If a UK citizen meets a non-EU person *after* 31 Dec 2020, the treaty rights cannot be extended to the non-EU national. In such cases, (in all other EU countries) the UK citizen is treated the same way as a non-EU citizen - say for example if a US citizen marries a Canadian citizen in France - both will need to have their own rights to be in the country, and whether one can sponsor the other after marriage depends on the the sponsor's own residence rights, which would be based on the amount of salary they are earning, occupation, whether they hold a certain degree or employment permit etc.
You might start with just a letter asking what documentation you would be required to provide. My understanding, is this means you will not need to complete the pre-clearance/scheme that those who would be moving to Ireland would need to do ahead of time.CatBrom wrote: ↑Thu Sep 23, 2021 4:43 pmThanks for this although it does not really state what I should include in that letter. INIS was also not helpful when I eventually got a reply. They told me I had to be a de facto partner with my partner prior to getting married and then applying for a residence card on the EUTR1A, if that makes sense. Nothing about before the end of January. I still don’t know what to do or what the right answer is. If he was able to get his Irish citizenship within two years it wouldn’t be an issue but with the way the FBR is going, I’m not hopeful.
So I might have missed something but my understanding is that the income is €20,000.00 as per https://www.irishimmigration.ie/coming- ... what-to-do :CatBrom wrote: ↑Mon Sep 27, 2021 12:20 pmWe’re concerned largely now about the sponsorship aspect. He had very little income this year, and cumulative income from the two years prior to this one would not add up to €40k I don’t think. He only just finished his PhD so we need to both find work. He has a lot of money in savings from a few sources (well over €40k), not sure if that would impact the application at all because they do ask on EUTR1A if the sponsor has received any funds that weren’t income (like inheritance and gifts). So I’m unsure if that would help. Other option of course is to wait until he gets his Irish citizenship but FBR hasn’t reopened yet and he’s waiting on his British passport renewal anyway.
I am not sure how they get in under EUTR1A if they were residing in the State on separate permissions prior to 31 December 2020 i.e. OP was in the State on a Stamp 2 and not dependent on their partner (de facto/spouse) prior to 31 December 2020 so therefore was not a "family member" prior to 31 December 2020?littlerr wrote: ↑Mon Sep 27, 2021 12:32 pmThe 40k requirement is for applicants under domestic laws.
You both have been living in Ireland before Brexit, so that does not apply to you. EU Treaty rights apply to you, which do not have a set amount requirement.
You just need to apply for it as soon as possible, as it will be increasingly difficult to convince officers why you did not apply for it in the first place.
Do not wait for his FBR. There is zero chance he would get it in the next year or even two years. Apply for EUTR1A now.