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So, he then submits an application for a "Residence card of a family member of a Union citizen" (known in Ireland as "Stamp 4 EUFam"), using form EU1, making explicitly clear that he is applying as the partner with whom a UK national is in a durable relationship, duly attested, and that UK national has acquired the right of permanent residence in Ireland.[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Article 3(2)(b) wrote:Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
the partner with whom the Union citizen has a durable relationship, duly attested.
These are two things I think we may have a problem though with this application. He is currently an asylum seeker, so has not much money at all, I am a student, and have little money also. Not finished college til end of April so wont be able to get a job til then, even if I manage to get one.kabuki wrote:
* Evidence of finances of both parties
His immigration status is that he is an asylum seeker at the moment, so I dont know how that would affect that application, but I dont think it would be positive.kabuki wrote:
Subject to the immigration status of the non EEA national permission to remain may granted. This permission will exempt the non EEA National form work permit condition.
If you read the inis site on de facto relationships, there are qualifying words! It will be given in certain circumstances. Considering the fact that the same site did or still does warn people that marriage to someone with a deportation order will not save them, i would not be surprised if it would also apply to de facto relationships, even though here, it involves a person still in the asylum system. Point I make here, is that due to Metock and its attitudes to any barriers to mobility and family life, EU law would be kinder here. The Irish situation enjoys discretion whereas the state cant have the same freedom with EU law.kabuki wrote:You do not have to go the EU route in order to gain permission for your partner to remain in Ireland without getting married. Irish law allows for de facto relationships, and the proof of a durable relationship of at least 2 years is required in both Irish and EU law. However, the de facto relationship will only give the applicant a stamp 4 and not a stamp 4EUFAM, but your partner would be allowed to remain in Ireland and without work restrictions.
De Facto Relationships with an Irish National
Non EEA nationals who wish to remain the State and are in a de facto relationship with an Irish National must be in a position to provide evidence of a durable attested relationship of at least 2 years. The following documents must be provided to General Immigration, INIS, 13-14 Burgh Quay, Dublin 2
* Copies of current passports of both parties.
* Evidence of finances of both parties
* Evidence of relationship of at least 2 years duration (i.e. tenancy agreement, utility bills, bank statements, etc)
Subject to the immigration status of the non EEA national permission to remain may granted. This permission will exempt the non EEA National form work permit condition.
The above is not an exhaustive list, and you may be asked for additional documentation in support of your application
The above info was found here: http://www.inis.gov.ie/en/INIS/Pages/WP07000278
I hope this helps. This is usually much quicker than going the EU1 route as well. The time varies from application to application, but I've heard of couples receiving approval in as little as 2 weeks.
under british law, you might have been a british citizen since birth. how is the Irish authorities going to know when you decided to exercise your choice to avail of a birthish passport? they don't asked so they won't know. they won't be asking, i don't think on the application form, when you entered the state. although your passport will state that you were born here. What if you were born on the Shankhill Road in Belfast and is from a family who consider themselves 100% British. When they travel down here, they are Brits (errrrrrrrrrr) yet are free to take up Irish citizenship. they could go back to belfast and say, I am Irish (dodge bullet and be outcast lol) give me my eu rights , even though they were not born in the 26 counties)Monifé wrote:Hi guys,
Went to an immigration solicitor the other day for advise on this. She said that Ireland's tranposition of the directive says we have to be living together for 2 years And she said also another thing that might be a problem is that I have never lived in Britain and the directive is based on the free movement of persons, but I actually never moved...
Very worried about this... She said we can send the application in anyway, with a few extra things to add, and that they might accept it for processing...
But one could argue that time spent in a relationship, not living together, was still in a durable relationship. Just because we didnt rush into living together or having babies does not mean our relationship is not "durable".. But thanks for the info, and the info on the Brit stuffwalrusgumble wrote:If the op was saying, eg 2 years relationship with at least 1 year - 1 1/2 years co habiting and maybe eg a child, then my fears would not arise
I know we could wait a while but I just want to get this sorted once and for all. I want us to be able to start our lives without this huge stress, be able to go on holidays, him be able to work, basically just be able to start our life properly..walrusgumble wrote:either way, regardless of which route one takes, it might not be a good idea to move straight away, ye have not lived together that long. between asylum decision and subsidiary protection / leave to remain stage, ye have probably plenty of time
considering the position that still is held on the institution of marriage, durable relationship likely means co[habiting and nothing less. My example was that under the directive and the Commissions Communication on this matter, whilst, each state has discretion here, they should not stick to it rigidly. the example i gave might be a good example of when the minister can walk away from the 2 year rule.Monifé wrote:But one could argue that time spent in a relationship, not living together, was still in a durable relationship. Just because we didnt rush into living together or having babies does not mean our relationship is not "durable".. But thanks for the info, and the info on the Brit stuffwalrusgumble wrote:If the op was saying, eg 2 years relationship with at least 1 year - 1 1/2 years co habiting and maybe eg a child, then my fears would not arise
I know we could wait a while but I just want to get this sorted once and for all. I want us to be able to start our lives without this huge stress, be able to go on holidays, him be able to work, basically just be able to start our life properly..walrusgumble wrote:either way, regardless of which route one takes, it might not be a good idea to move straight away, ye have not lived together that long. between asylum decision and subsidiary protection / leave to remain stage, ye have probably plenty of time
She hasn't read the transposition then (it mentions nothing of living together for two years, in the case of unmarried partners). This is precisely why the use of an "immigration solicitor" is totally pointless.Monifé wrote:Hi guys,
Went to an immigration solicitor the other day for advise on this. She said that Ireland's tranposition of the directive says we have to be living together for 2 years