Spouse of irish and german citizen, can i get stamp 4eufam?

[sombra07]

Hi

I'm spouse of Irish citizen my wife also have German citizenship and I have to apply every year for a 1year schengen visa in the German embassy. I have stamp4, my question is can I apply for stamp 4eufam even that my wife is also Irish and where?

Regards

[highstoolhero]

If you are living in Ireland and married to Irish citizen the stamp 4 is the appropriate stamp. I your wife has german passport then you can to Justice

[acme4242]

There is no rule stopping you applying for a 4EUFAM, if you can
supply your spouses German passport.

best of luck, its the best option.

[sombra07]

yes she have german and irish passport so my daughter, where ca i apply for this EUFAM?thank you for replaying

[ca.funke]

Hi

I'm spouse of Irish citizen my wife also have German citizenship and I have to apply every year for a 1year schengen visa in the German embassy. I have stamp4, my question is can I apply for stamp 4eufam even that my wife is also Irish and where?

Regards

Hi sombra07,

I'm German and Belgian, so I can tell you this:

At least in Germany that would not work: As long as you are German, the Germans treat you as German (only).

In Belgium that's exactly the same.

As a consequence, I cannot demand any rights as a Belgian in Germany or as a German in Belgium.

Should I get arrested in Belgium I cannot ask for consular assistance by Germany (and vice versa).

I hope you'll manage to apply along 2004/38/EC to get the 4EUFam, but I doubt it'll work.

On the other hand: Why shouldn't you try? Just file the application, and don't mention anywhere that your partner is Irish (too)...

...good luck !

[Directive/2004/38/EC]

If you are living in Ireland and married to Irish citizen the stamp 4 is the appropriate stamp. I your wife has german passport then you can to Justice

I would put this differently.

You can either have residency on the basis of your spouse's Irish citizenship, or on the basis of their German citizenship.

Not both at the same time though.

[sombra07]

thanks everybody for your help and comments, I just want to let everyone know that I got my eufam card, no problem at all, i hope this can help others in the same situation like me.

[Ben]

thanks everybody for your help and comments, I just want to let everyone know that I got my eufam card, no problem at all, i hope this can help others in the same situation like me.

Thanks for posting back.

[zafarzafar]

Hi, if u have stamp4 on the beses of spouse of irish citizen, u can apply for irish passport at the completion of your 3 years of stamp4 but if u get stamp 4EUFAM , you would apply after the completion of 5 years.
So better to stay as a spouse of irish citizen and get passport early.
on the other hand no rule is stoping you to apply for 4EUFAM as it will be 5 years residence card.
Regards
Zafar

[Ben]

Hi, if u have stamp4 on the beses of spouse of irish citizen, u can apply for irish passport at the completion of your 3 years of stamp4 but if u get stamp 4EUFAM , you would apply after the completion of 5 years.
So better to stay as a spouse of irish citizen and get passport early.
on the other hand no rule is stoping you to apply for 4EUFAM as it will be 5 years residence card.
Regards
Zafar

No, only Irish citizens can get an Irish passports. Being married to an Irish citizen for 3 years does not make you an Irish citizen. It does make you eligible to apply for naturalisation, which takes about another 3 years to process.

Only once naturalised as an Irish citizen, is the spouse of an Irish citizen able to obtain an Irish passport.

[Obie]

Hi, if u have stamp4 on the beses of spouse of irish citizen, u can apply for irish passport at the completion of your 3 years of stamp4 but if u get stamp 4EUFAM , you would apply after the completion of 5 years.
So better to stay as a spouse of irish citizen and get passport early.
on the other hand no rule is stoping you to apply for 4EUFAM as it will be 5 years residence card.
Regards
Zafar

If you are married to an Irish Citizen who has been living in another member state and was previously exercising economic activity there, on return of that citizen to Ireland, the family members can apply for stamp4 EUfam.

After 3 years of leaving in the state the spouse can apply for Irish Citizenship.

The fact that the German nationality was used to apply for stamp4 EUfam, will not have an effect on the eligibility.

Unlike British law, Irish law does not make a distinction between national rule or EU rule. This means the holder of the 4EUFam can apply for Irish Citizenship after 3 years, even before the EUfam expires.

[Directive/2004/38/EC]

Obie, I would put it a bit differently.

The spouse of a citizen can enter the country under national rules or sometimes (when the spouse has been exercising treaty rights in another country OR when the spouse also has citizenship of another EU country) under EU rules.

The requirements to apply for citizenship are 100% up to each member state. In the UK, they require that you have ILR or Permanent Residence and that you have been resident in the UK for 3 years if you are married to a Brit or 5 years if you are not.

[Obie]

Directive you are correct and i respect you clarification.

The point i was trying to make is in regard to citizenship, that If you are married to a British Citizen and you entered the UK via Surinder Singh route, you would have to wait for 5 years to qualify for citizenship. The 3 years rule does not apply in that case. This is why i said the UK distinguishes between leave under EU legislation and under national Law, which Ireland doesn't. The spouse of a British Citizen will be able to obtain ILR under national rule after 2 years of marriage, but would have to wait 5 years if they came in via Surinder Singh.

[Directive/2004/38/EC]

If you are married to a British Citizen and you entered the UK via Surinder Singh route, you would have to wait for 5 years to qualify for citizenship. The 3 years rule does not apply in that case. This is why i said the UK distinguishes between leave under EU legislation and under national Law, which Ireland doesn't.

Sorry I disagree.

The issue is you have to have PR or ILR in the UK in order to apply for British citizenship. If you do it under the European rules, it takes 5 years of residence to get PR. If you do it under UK rules, it takes some (different) amount of time to get ILR.

There is also a residency requirement. If you are married to a British citizen, then you must be resident in the UK for the previous 3 years. If you are not married to a British citizen it is resident for the previous 5 years.