Spouse coming to Ireland

[RathJohn]

Hi all,

My wife is a Ukrainian citizen (currently residing in Ukraine) and I am Irish (currently residing in Ireland). We got married at the end of October and She is just awaiting a new Ukrainian passport (because she has taken my surname in marriage) to procede with applying to come live in Ireland. I have read alot on this forum in regards to this procedure, and I have come up with the following conclusion of what to do. If someone can see something wrong with my approach or if I have not got all the information, please correct me, as I would like to have this procedure run as smooth as possible.

Firstly...
She will need to apply for a D visa as spouse of an Irish citizen.
It states on DIRECTIVE 2004/38/EC Charpter 2 Article 5 that:
2. Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.....................
...........Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

Is this accelerated procedure guaranteed?

The only documentation to accompany this application should be:
2 photos
My wifes passport
A copy of my passport
Original marriage certificate accompanied with notarised translation

What will be duration and type of visa issued on success?


On her arrival in Ireland we will then need to make an appointment with the local immigration officer to apply for EU treaty rights within 3 months and this officer should give her a Stamp 4 in her passport.

Is this correct?
Should I email DFA visa section to get comfirmation of what is required and attach it to application?

Any advice on what I've wrote above would be much appreciated

Thanks

[dublin3]

I am sure that someone who have more knowledge then me will help you but I doubt that Directive does not apply in your case as you are Irish citizen and living in Ireland and your wife application will be decided under Irish national Law not under EU law.
if you are living in other member state other then Ireland then Directive 2004/38 EC apply in your case.
I wish you best of luck.

[acme4242]

Sorry, thanks to fianna fail and their lot (O'Donoghue, McDowell),
because you are Irish, they don't need to respect your marriage.
So they don't

The Italians, Spaniards, Romanians and Belgians all treat their own
citizens equal to other EU citizens. The Irish don't.

I'm really sorry, but you have no rights at all after O'Donoghue, McDowell
I can only suggest you bring this to your TD.

I wish you the best of luck.

If you want to read some background, read >here< and >here< and >here<



One other ironic thing, It was McDowell who introduced 2004/38/EC , his name is on the last page. As Ireland had the Presidency of the EU in 2004

[dublin3]

The Italians, Spaniards, Romanians and Belgians all treat their own
citizens equal to other EU citizens. The Irish don't.

I will disagree with this one...
EU law and National Law is same everywhere. And its not his wife will not get a visa its just she will not be considered under Directive and I think it will be good as she will apply for a Naturalization after three years.
And she will be treated as a spouse of Irish national not spouse of EU citizen.

[acme4242]

reply from Italian Embassy (Dublin)
In the case of Italy, granting LESS rights to its own citizens than to other EEA citizens would be unconstitutional.

This Embassy fails to understand the exact reasons why the INIS issues all other EU national's non EU family members with Stamp 4EuFam GNIB cards but fails to issue its own Irish non EU family members with the same Stamp 4EuFam cards. This would facilitate them with the exemption of all visas to visit Italy or the Schengen area,... But as things stand now all non Eu spouses of Irish citizens need visas to visit the rest of the schengen area every time they travel to Italy

If you want you read Irish Law, read what the minister for justice said
read >here< question 171 and >herer<

from 1 July 2009. questions in the dail, Minister for Justice said

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern): Marriage to an Irish national does not confer any automatic right to enter to reside in the State solely on that basis.

[dublin3]

I am sorry I misunderstood you..I was talking about something totally different.

[acme4242]

no problem rebel82, respect, but really how can someone with the title "Minister for Justice, Equality and Law Reform" implement such unjust, unequal laws against his own people

edit: it must be like living under the English rule again as it is all British
laws they Irish dept copied, word for word.. even down to swearing a oath
of allegiance

[RathJohn]

Thanks everyone for the replies.

So, basically she just has to apply for the D visa to join irish spouse?

The docs required for this include bank statements and payslips. I have a problem with this as I have been out of work for a few months due to the recession . So, is there any hope of suceeding without showing financial support?

Also, I was born in the uk, so can I get a UK passport and exercise my EU rights to reside here instead?

Thanks

[acme4242]

I was born in the uk, so can I get a UK passport

If you have a British Birth Cert, you can get a British passport.

Yes, The British Passport guarantees you, your family rights,
as you will benefit from EU law, and EU treaty right & directives.
As an Irish citizen, your at the mercy of the administration,

If you apply as British, its as you said in your first post above.
Of course you have the choice to apply as Irish first,
if any hassle, pull out your British birth cert.

The documents you need to supply, depends on who you ask in the
Irish Embassy, usually they have no idea, and make it up as they go along.
There are at least 3 different contradictory document requirement lists
on the INIS and Irish Embassy web sites.

1 http://www.inis.gov.ie/en/INIS/Pages/Fa ... sh_Citizen
2 http://www.embassyofireland.cn/Ireland/ ... Spouse.php
3 http://www.inis.gov.ie/en/INIS/VisaDoc2 ... hJan07.doc


best of luck

[acme4242]

Just found the Dail debate when O'Donoghue took away post nuptial citizenship from the Irish Family

From 2001
http://historical-debates.oireachtas.ie ... 20014.html
Minister for Justice, Equality and Law Reform (Deputy John O'Donoghue)

There is no good reason I, as an individual politician, would seek to
put barriers in the way of genuine spouses of Irish citizens gaining
citizenship. To do so would be an act of lunacy. I am trying to close
off the potential for abuse which has been recognised by the
Departments of Justice, Equality and Law Reform and Foreign Affairs
over a number of years. I am not trying to put obstacles in anyone's
way. The termination of the post-nuptial citizenship scheme will not
adversely affect the position of non-national spouses in terms of
their joining their spouses in the State, nor will it adversely affect
their right to work.

jump to 2009
http://debates.oireachtas.ie/Xml/30/DAL20090701A.PDF

Minister for Justice, Equality and Law Reform (Deputy Dermot Ahern):
Marriage to an Irish national does not confer any automatic right to enter to reside in the State solely on that basis.

Your better off being British, or have another EU citizenship.