Non Eu + EU national spouse residing in R. Ireland

[Eire]

Hi everyone!
I am Non EU national and 1st came to Ireland in 2002 on work permit basis. I met my woman (EU national) in the hotel we worked for and ever since we live together. Fed up from employer we decided to start off our small business and I had to apply for business permission before the Justice's Office. Meanwhile my girl registered as self-employed and started off the activity we thought about
As you can guess it took ages and ages the Dep. of Justice to decide upon my application. Well what can you do,that's the red tape we have to fight with. Through the course of my application my residence expired in October 2005,since then I have not renewed it. My business permission application was refused in April 2006 and I appealed it. Their decision is still pending.
Consequently we got married in July 2006 and our status changed. I was told that I need to apply with Form EU-1 in order to obtain my residence through EU national spouse. In fact I sent the form out, together with all relevant evidences and passports.
Well that's the biggest pain for me.The new EU Directives imposed tremendous time limits to me. I was told that it coild take up to 6months even more .
What do you think, would the Minister consider my new application as completely new one or would he review all my file from the time I applied for business permission as succession.Well, being a spouse of an EU-legally residing in the State and exercising self-employment would confer the same rights to me and will deem my business permission application as completely useless. Well it started from partnership and our relationship evolved into marriage. justice Dep.refused my application on the basis that the entity is not proved to be viable.
I don't understand that!!!!If my wife could register it and run the thing why should they drag my application so long.(nearly 12 months)
Do I have to waith another 6 months (at least) Via the EU-1 form or
What would you advise me to do in order to gain my economic activity and residence?!?
They treat me as illegaly residing eventhough there is succession throughout visa expiration and new application (pending). If I have to leave the State for sure they will defer my D-spouse Visa.I can not afford to leave my wife alone,she depends on me!
Please advise me what to do,who will help me best to finish that eternal procedure?
Thanx in advance

[scrudu]

Hi Eire,

Firstly what country are you from? Is it a visa required country?

From what I have read, I dont think you can apply using the EU_1 form. Who advised you to apply using it?

I hope I am wrong, but this is my understanding. The EU_1 form is to allow non-EU nationals who are legally residing in one EU member State, to join their EU spouse in antoher EU State if the EU national is moving to another member State for the purposes of work. This means that the non-EU spouse will have gone through the Immigration procedures of the other member State, and basically forces other member States to recognise that this person is legal in that State. Using the EU_1 form, means that the non-EU national can follow their EU spouse to another Member State without having to repeat Immigration procedures in that country.

So, if you haven't haven't resided legally with your wife in another country, and she has come here for work, I don't think you can apply using the EU_1 form

http://www.justice.ie/80256E010039E882/ ... of2006.pdf

Application and Transitional provisions
2 (1) The regulations shall not apply to a family member unles the family member is lawfully resident in another Member State and is -
(a) seeking to enter the State in the company of a Union citizen in respect of whom he or she is a family member
(b) seeking to join a Union citizen, in respect of whom he or she is a family member, who is lawfully present in the State

http://www.justice.ie/80256E010039C5AF/ ... eeMvmt.pdf

These regulations apply to EU citizens moving to Ireland and their family members where those family members are lawfully resident in another EU Member State and seeking to enter Ireland in the company of the EU citizen or seeking to join the EU citizen in Ireland

[Eire]

I am bulgarian national-visa required. I am legally residing in Ireland since 2002.The thing is that I am in the procedure of appealing business permissiom refusal, which gives me legal status,though defered. Even without visa in my passport I am pending decision. By that time I am allowed to stay in Ireland,but I have no residence granted (I can not work)
I have already applied via EU1 form,that's what I was advised by Garda immigration.
If you have another idea,please feel free to share it with me.

[Eire]

I never heard about any other forms to be filled out.I and my wife met in Ireland and celebrated the wedding here,so we never lived anywhere else together

[scrudu]

Eire: If that is what the GNIB advised you to do, I guess that's the way you should go. That was just my understanding of that Treaty, that it only applied to EU citizens that relocated with their families.

You can always call the Immigration helpline without giving personal particulars to ask for advice (1890-551 500 then #3 then #2). Or call the Immigrant Council of Ireland (01) 674 0202 Phone-in Service 2.00 - 4.30 (Mon/Wed/Thu/Fri)

[Eire]

Thanx for the reply anyway Scrudu
How is your drama going with your spouse,any outcome?

[scrudu]

Well, we had 2 options, either a) he can apply from inside the country to Dept of Justice and wait for 16-18 months with no visa status, pps num, working rights etc. or b) he can return home and apply for a D-Spouse visa to return which should take 6-8 wks to process.

So when his C-Tourist visa expires, he will return home and re-apply for a new visa to come back here Crazy system, but 2 months apart is better than him sitting her for the guts of 2 years waiting for a decision!