Spouse Visa for Stamp 1 Holder

[euspouse07]

I am a non-EU citizen who has been residing in Ireland under Stamp 1 since March 2021, following the curtailment of my previous Stamp 4 EU Fam due to a relationship breakdown with an EU citizen.While I understand the importance of family life being protected by Article 8 of the European Convention on Human Rights, I've come across a phrase in my permission letter stating that the granting of temporary permission doesn't confer entitlement for others to enter or remain in the country. This seems contradictory to the spirit of Article 8.

I'm planning to marry my fiancée, a Visa-required national, and build a family life here, but this contradiction has raised concerns. I'd like to hear from anyone who has navigated a similar situation or has insights into how these rights are balanced in the Irish context. Any advice or information would be greatly appreciated.

[meself2]

I've come across a phrase in my permission letter stating that the granting of temporary permission doesn't confer entitlement for others to enter or remain in the country.

This is a statement in the sense of "this permission letter does not, on its own, allow others to get permission", I would say -> your family members cannot show up to ISD with this letter and ask for a residence permit. You would have to apply for their permission separately (if you can; see below).

I assume you're on a Stamp 1 that allows you to work without an employment permit (correct me if I'm wrong); that, unfortunately, seems to disqualify you from straightforward opportunities to bring your spouse here, since you're not a work permtiholder at all (see https://www.irishimmigration.ie/coming- ... -national/ for a breakdown); I might be wrong, so you can double check with ISD. You can possibly consider going work permit route?

This seems contradictory to the spirit of Article 8.

You can read the policy on nonEEA family reunification in this regard (https://www.irishimmigration.ie/wp-cont ... cation.pdf) which, albeit outdated, is heavily referenced on ISD website. It mentions Article 8 throughout the policy.

[euspouse07]

Thank you for your thoughtful response. Just to clarify, I hold a Stamp 1 that grants me permission to work without needing a separate work permit. However, I'm facing a situation where my permission letter states that it doesn't automatically allow my family members to obtain residence permits. This has raised concerns, especially in light of Article 8 of the European Convention on Human Rights, which emphasizes the right to family life.

I've taken note of your suggestion to review the policy on non-EEA family reunification, and I'll definitely look into it. Additionally, if anyone is aware of a recent judgment that favored Stamp 1 holders in a similar situation, please share your insights. Considering my Stamp 1 status, I'm curious about the available options to bring my spouse here. If anyone has navigated a similar situation or is aware of alternative routes that align better with the spirit of Article 8, I would greatly appreciate your insights. Thank you for your help and understanding.