From UK Moving to IRELAND, can my NON_EU SPOUSE join me??

[highhorse]

Hi everyone

i need a little advice as all the visa sites have confused me. i am from uk, living in scotland. my husband is indian so non-eu spouse.

i am looking to move to ireland and have him join me there.

how can i we do this?
what visa would he need?
how soon could he join me?

just need to know how to go about it. he cannot live in uk so i would be exaercising eu treaty rights would i for him to be able to live with me in ireland?

we are not bothered abouthim working as i can get a job and accomodation

PLEASE HELP, ANY ADVICE APPRECIATED!!!!!!!!!!!!!

Thanks

[daddy]

if you an eu citizen and excercising your treaty right in any eu country, you would not have a problem bringing your non eu spouse to be with you.
just come to ireland, get accomodation and a job, then send for him, he has to submit your marriage certificate, your original passports, then his visa will be issued as soon as possible without visa fee(free). He should apply for D class visa to join eu spouse, valid for 6 months. At the port of entry, the immigration officer may endorse 1 month enry stamp in his passport and will tell him what to do to regularise his stay.

He can also be issued with visa only for the fact that you are an eu citizen planning to take a trip eg holiday for 3 months or less in Ireland, in that case he is comming to spend a holiday with you, it doesnt matter if you have started excercising your right or not. But i would advice you to come here, get a job and then your husband applies for a visa to join you, this is really not too stressful expecially when you have started excercising your treaty right here in ireland.
Good luck.

[highhorse]

if you an eu citizen and excercising your treaty right in any eu country, you would not have a problem bringing your non eu spouse to be with you.
just come to ireland, get accomodation and a job, then send for him, he has to submit your marriage certificate, your original passports, then his visa will be issued as soon as possible without visa fee(free). He should apply for D class visa to join eu spouse, valid for 6 months. At the port of entry, the immigration officer may endorse 1 month enry stamp in his passport and will tell him what to do to regularise his stay.

He can also be issued with visa only for the fact that you are an eu citizen planning to take a trip eg holiday for 3 months or less in Ireland, in that case he is comming to spend a holiday with you, it doesnt matter if you have started excercising your right or not. But i would advice you to come here, get a job and then your husband applies for a visa to join you, this is really not too stressful expecially when you have started excercising your treaty right here in ireland.
Good luck.

thank you so much. taking the route you mentioned, how quickly could i send for him, straight away? and how quickly would he be here? isit guaranteed?

also what if he came to ireland for a holiday to spend time with me whilst i would be looking for work and jobs, then he would be on a tourist visa? if i then found work and job, does he have to return home to then apply to come in different catagory or can he just stay on and we apply from here?

thanks!

[86ti]

thank you so much. taking the route you mentioned, how quickly could i send for him, straight away? and how quickly would he be here? isit guaranteed?

Based on EU law, it should be possible to enter Ireland together so there is no need to establish yourself there first. I suppose daddy's comment mostly highlighted the practical nature. I can, however, nor comment on the particular situation in Ireland. I am sure others will do that.

if i then found work and job, does he have to return home to then apply to come in different catagory or can he just stay on and we apply from here?!

No, unless the Irish also ignore EU laws in this respect.

[daddy]

Since he is your legal husband and you have your marriage certificate to prove it, then applying for his eu1 (residence) while in the republic of ireland would not be a problem, it does not matter how your spouse entered the country or where you got married, whatever his status may be, as long as he is in republic of ireland and you are excercising your treaty right, he is allowed by law to to apply and be issued his residence card, ie eu1. His right of residence is based on his marriage with you.

pls feel free to ask more questions if need be.
Good luck.

[highhorse]

Since he is your legal husband and you have your marriage certificate to prove it, then applying for his eu1 (residence) while in the republic of ireland would not be a problem, it does not matter how your spouse entered the country or where you got married, whatever his status may be, as long as he is in republic of ireland and you are excercising your treaty right, he is allowed by law to to apply and be issued his residence card, ie eu1. His right of residence is based on his marriage with you.

pls feel free to ask more questions if need be.
Good luck.

thanks so much. im british so an eu citizen elligible for this, am i right? your advice is brilliant so thanks so much. does it matter what his immigration history with other countries is? he's not allowed in the uk at the moment due to a previous breach, this was minor though and he had been succesfully 5 times before. ive totally lost my faith in uk at the moment and had much more fun when i was in ireland previously. is the tourist visa easy enough for him to get as he is married to me as it would be great if he could look at some houses with me before i move. sorry to keep asking, just want to be sure i know what im doing!

[ca.funke]

• i am from uk
• my husband is indian
• i am looking to move to ireland and have him join me there.

Hi highhorse,

you and your husband may go to Ireland at any time, he does not need to apply for any visa before travelling.

see here:
http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html

Just take both your passports and your marriage-certificate, see here:

http://www.immigrationboards.com/viewto ... 335#247335


Once you arrived to Ireland, you have 3 months to find a job and get registered. In this time you would be considered tourists.

It might be that INIS may be unhappy, so fully read and understand the law! (2004/38/EC)

For you it should be easy to enforce this, as you can cross the land-border without any checks. Just travel to NorthernIrleand first, and then South from there.

Regards from Switzerland, Christian

[koded]

• i am from uk
• my husband is indian
• i am looking to move to ireland and have him join me there.

Hi highhorse,

you and your husband may go to Ireland at any time, he does not need to apply for any visa before travelling.

I may say in reality that it may not work out so easy that way. If you can understand, her husband is in india if my guess is right.
She has two choice here.
First move to Ireland and get settled and then your husband can join you.
Second, Move to India if he resides there and then let him apply for Irish visa as accompanying spouse. Provided that his breach in Uk is only Immigration policy and not public policy or serious security problem.
But if my guess is wrong. then your husband needs to apply for Irish visa in embassy of Ireland in Uk to accompany you. You dont need to move to Ireland first.

[highhorse]

• i am from uk
• my husband is indian
• i am looking to move to ireland and have him join me there.

Hi highhorse,

you and your husband may go to Ireland at any time, he does not need to apply for any visa before travelling.

I may say in reality that it may not work out so easy that way. If you can understand, her husband is in india if my guess is right.
She has two choice here.
First move to Ireland and get settled and then your husband can join you.
Second, Move to India if he resides there and then let him apply for Irish visa as accompanying spouse. Provided that his breach in Uk is only Immigration policy and not public policy or serious security problem.
But if my guess is wrong. then your husband needs to apply for Irish visa in embassy of Ireland in Uk to accompany you. You dont need to move to Ireland first.

yes he is in india at present so would be coming directly from there, airlines dont let you board flights without visas either!

i have a young daughter so i am unable to go to india, so its a matter of how do i get him to ireland.

have seen him for a few months so im desperate to make all of this happen quick!

thanks everyone keep the information coming. anyone know what visa options he has to get there initially? then apply for residency card once in ireland.

[koded]

He need to apply for D-visa. But of course any type of visa is ok. You can go to India during his first time of the application. You dont need to live with him in India. I think the embassy will require your passport.
However, you need to exercise some patient too. It is not always easy for people from countries that require visa to obtain it.

[ca.funke]

Hi highhorse,

legally, your husband may travel without a visa. See >>here<<.

Knowing India (stayed there for 4 months), I guess it may be hard to convince them to let him board. And if they do not let him board, it may be hard to sue them for compensation of the ticket-price. If at all I´d try to fly with a European Airline, which would make suing easier.

I don´t know if I´d try this, however I just wanted to point out that, legally, he may come to Ireland without a visa.

Whatever you decide to do, GOOD LUCK!

Regards, Christian

[highhorse]

hi

thanks guys, all the information is really helping.

assuming i get the house and job first is it very easy to obtain the permission for him to join me then?

i see it is a spouse, visa for family member of eu-citizen.

i have to be able to support us, i see that, any minimum income?

thanks!!!!!!!!

[Ben]

i have to be able to support us, i see that, any minimum income?

You have to be a worker, self-employed person, student* or financially self-sufficient* past the initial three months of your residency. That is all.

*plus have comprehensive sickness insurance cover for both of you.

[highhorse]

i have to be able to support us, i see that, any minimum income?

You have to be a worker, self-employed person, student* or financially self-sufficient* past the initial three months of your residency. That is all.

*plus have comprehensive sickness insurance cover for both of you.

do you mean i have to have three months proof or that i must show i have work or sufficient finance for the three months after the application. only i wanted to get him with me straight away not have to wait three months? thanks

[Emc]

Hi,

You don't have to wait 3 month to be joined by your husband. He must apply from India strait away and this is the info from INIS home page where the list of requered documents provided. It helped my case a lot, since the embassy didn't want to consider my application untill my husband had a job in IE, but this is totally against the EU law. Now since the embassy doesn't want to follow the EU law, you have to be armed with the documentary evidence that there is a law and they must follow it.

Documentation to accompany a Visa Application (Size 188KB)


Family Member of EU Citizen
(Not Resident in an EU State)

Or

Family Member of an EEA or Swiss Citizen


If you are the family member of an EU citizen, and you are not lawfully resident in an EU State, or you are the family member of an EEA or Swiss citizen, wishing to move to Ireland, with or to join the EU citizen, the following documentation is required:

Application Form

Passport

Clear copy of passport of EU Citizen (to confirm the basis of right of residency in third country)

Marriage Certificate (where applicable)

Birth Certificate in the case of children under 21 years

Where applicant (other than spouse or child) is dependent on the EU/EEA/Swiss Citizen, evidence of such dependency

They might ask for proof that you will be coming to Ireland with him, such as your P45 or smth. The best thing is to travel to IE together after he gets his visa, since boarder control will be passed easier.

Best of luck to you both, just remember that it is very hard to find a job in Ireland now, so if you have some savings, it will come andy as being self sufficient option.

[highhorse]

Hi Guys

Im slowly gathering all the information!

Am i right in thinking that i could send for my husband and go to ireland for a period of upto 3 months, so we can have a look around and decide if it suits us, and that the only documents i needtogive to get him the spouse visa to fly over is:

marriage certificate

his pasport, copy of my passport

insurance

birth certificates.

Am i right in thinking i do not have to have accomodation already or prove income?

We would look at all this stuff together.

I would of course be meeting him at the airport.

Please give advice on this option!!!

Thankkkkssssssssss

[Emc]

Hi, he only needs
-Application Form
-Passport
-Clear copy of passport of EU Citizen (to confirm the basis of right of residency in third country)
-Marriage Certificate (where applicable)

They might ask for your P45 as well or his old passport or smth. Just look on INIS home page and in the right coner second up, open the link of documents requered. I actually had to email that veru link to the embassy to make them prove to them what the law states. You don't need insurance and accomodation, the only thing they might ask him at the airport where he will be staying, but by then I am sure you will have the hotel booked or smth. We booked ouy B&B for a week the day before we arrived to IE and then found a flat from DAFT.IE it is a very good site.
Best of luck

[archigabe]

It may be debatable whether the Irish embassy is in Compliance with E.U regs, but these are the docs they will be asking for.

http://www.irelandinindia.com/uploads/d ... en%202.pdf

[highhorse]

It may be debatable whether the Irish embassy is in Compliance with E.U regs, but these are the docs they will be asking for.

http://www.irelandinindia.com/uploads/d ... en%202.pdf

hi guys

from what i understand we have to submit;

his passport
my passport copy
marriage certificate

but what about all the other reuired documents requested for all visa applications; such as
evidence to support self
6months bank statements
employment or self employment details
previous passport
details of previous visa refusalsforother countries
medical insurace

this list seems exhaustive. do all the apply when going for this visa??? i dont wnat to get the application wrong and have delays.

it says on the site that these must be submitted for ALL visas

can you advise?????????

thank you

[Ben]

from what i understand we have to submit;

his passport
my passport copy
marriage certificate

Correct, together with evidence that you will be in Ireland in time for your husband to join you there.

but what about all the other reuired documents requested for all visa applications; such as
evidence to support self
6months bank statements
employment or self employment details
previous passport
details of previous visa refusalsforother countries
medical insurace

Not required.

[highhorse]

from what i understand we have to submit;

his passport
my passport copy
marriage certificate

Correct, together with evidence that you will be in Ireland in time for your husband to join you there.

but what about all the other reuired documents requested for all visa applications; such as
evidence to support self
6months bank statements
employment or self employment details
previous passport
details of previous visa refusalsforother countries
medical insurace

Not required.

thanks ben

ive just been on the VFS site and read the requirements for applying and not only are they charging a fee which it says on other sites there would be none but they ask for evidence of finances to support self or employment/ self employment. i was hoping to organise all of this when we were there in ireland together??

there are so many conflicting requirements.

the visa is "family member of eu citizen"

they are also asking for previous visa details and refusals, i dont mind providing these, he has has been refused uk visa but we can give info on this.

however i cant prove employment or self employment yet as i havent gone yet and was hoping we could choose a house together when he is there and then start my self employment??

i dont want to be in ireland for 4 weeks before he can come and i dont want them to refuse his visa either!!

my mind is going to burst, ha ha.

[Ben]

As an EU national, your right to reside in Ireland is unconditional for the first three months. Your spouse has the right to join or accompany you in Ireland.

Therefore, for an entry visa to be issued to your husband, proof that you either are or will be resident in Ireland for less than three months is required, together with proof that the applicant is your spouse.

[highhorse]

As an EU national, your right to reside in Ireland is unconditional for the first three months. Your spouse has the right to join or accompany you in Ireland.

Therefore, for an entry visa to be issued to your husband, proof that you either are or will be resident in Ireland for less than three months is required, together with proof that the applicant is your spouse.

hi ben

what if i am planning to move there? i would take self employment as i am a childminder. he can still join me?

i know that after 3 months i then have to apply for other stuff but i just want to get us both their initially!

thanks

[Ben]

hi ben

what if i am planning to move there? i would take self employment as i am a childminder. he can still join me?

i know that after 3 months i then have to apply for other stuff but i just want to get us both their initially!

thanks

Let's say you move to Ireland tomorrow, 28th July. Between 28th July and 28th October, your right to reside in Ireland is unconditional (you do not have to be working / self-employed / studying / financially self-sufficient).

Providing your husband intends to join you in Ireland before the 28th October, and submits an application for an entry visa in good time, the only documents that need to be provided are those which prove that:

• he is a national of India,
• he is your spouse,
• you are a national of the UK,
• you are resident in Ireland and have been so for less than three months.

Armed with the above, a visa can only be refused if your husband poses a thread to public policy, security or health.

[highhorse]

hi ben

what if i am planning to move there? i would take self employment as i am a childminder. he can still join me?

i know that after 3 months i then have to apply for other stuff but i just want to get us both their initially!

thanks

Let's say you move to Ireland tomorrow, 28th July. Between 28th July and 28th October, your right to reside in Ireland is unconditional (you do not have to be working / self-employed / studying / financially self-sufficient).

Providing your husband intends to join you in Ireland before the 28th October, and submits an application for an entry visa in good time, the only documents that need to be provided are those which prove that:

• he is a national of India,
• he is your spouse,
• you are a national of the UK,
• you are resident in Ireland and have been so for less than three months.

Armed with the above, a visa can only be refused if your husband poses a thread to public policy, security or health.

ok, so when i fill in the forms, what do i put when it asks for financial documents, address in ireland etc??

and also we will tell them about our immigration problem with uk but can this mean they refuse? hes been to uk 6 times, never overstayed but did take money on one visit for sports coaching, although this is frustrating immigration rules it isnt a threat to anyone. however he is not allowed in uk at present.

is it possible for them to refuse this visa or is it an automatic right?

im just worried as i dont want anything to go wrong, particularly if i have up sticks and moved to ireland!!

should i write a cover letter?

sorry if im frustrating with daft questions!!!