Applying under EU1 - Question

[agniukas]

you can also just go to your local immigration officer and get your spouse stamp 4 as a spouse of irish national with the minimum of documentation needed and it would be the quickest option.

Is this possible where the spouse is a visa-required national?

good question
If you are a non visa required national who has entered the State legally within the last 90 days or if you a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration with the following documentation:

•Your original marriage/civil partnership certificate
•Your original passport
•Your Irish spouse’s/civil partner’s original passport
•Evidence of our joint address

ciaramc, what kind of visa did your spouse get to enter ireland? C or D?

[ciaramc]

he came in on a accompanying EU spouse visa not spouse of Irish national!

[agniukas]

but he did not come on C visit visa, right? in that case there wouldn't be any problems in updating your spouse's stamp to stamp 4 as a spouse of irish national, if you were to choose that root.

[ciaramc]

Ok so the EU treaty rights got back to me - They said I can apply under EU law for which I will have to supply proof of residence in another member state - which I gathering - but it is in Italian anyone know where I can get them translated? And it says certified???

It also states that I can apply under Irish law @ burgh quay - anyone know how long they take to give him the stamp 4 and how long it will be valid for?

[ciaramc]

Bump -

anyone??

[ImmigrationLawyer]

Just google "translations", or other keywords, all the companies do "certified" translations. Translating and interpreting in Ireland is unregulated so this term doesn't really mean much, I suppose they sign and stamp to verify it's a true translation. There are a couple of companies along the quays, word perfect and translation.ie which are good and quick, but you might get cheaper rates from one of the uk companies, or even maybe an italian company - you'd have to post it over.
I think for spouses of Irish nationals they usually give one year, at least to start with.

[koded]

For your translations
http://www.wordperfect.ie

Word Perfect Translations
22 Upper Ormond Quay,
Dublin 7,
Ireland

there are other companies in the same street. You can check and compare prices because some are very expensive.

[doesnotcompute]

Hi,

Like ciaramc, I am also an Irish citizen excercising my Treaty Rights abroad, and I will be returning to Ireland with my non-EU spouse in less than 3 months. I would be very interested to know how you get on, ciaramc.

What I'd like to know is - when my wife sends the EU1 application (along with her passport, etc), do the Treaty Rights section send her passport back to her, when they send the letter that tells her when/how/where to apply for her temporary immigration stamp? I presume they do, I just want to get things clear in my head, as the info is hard to come by.

Also, when we arrive at the airport, do we have to explicitly tell the Garda that we plan to use the Surrinder Singh route? Do we have to mention anything about Treaty Rights, or is it that likely to affect his/her decision as to how many days to give my spouse on her entry stamp?

Does your spouse have an EU Residency card for the country you are currently residing in? If so then both of you will be able to enter the State without any visa or trouble and your spouse should be granted 90 days. No need to mention anything about Surinder SIngh which the GNIB Garda wouldn't have a clue about anyway!

Just to update you all on this:

I spoke to the Visa Office in London about this. Aparently, the statuatory instrument in question, SI 146 of 2011, states that non-nationals holding an EU Residence card of a family memeber of a Union Citizen are exempt from having to apply for a seperate Irish visa. HOWEVER, because the British Home Office use the wording "family member of an EEA national" on their residence cards, then it is not necessarily the same thing as the family member of a Union citizen.

Because the wording that is used on the British EU Residence Card doesn't exactly match the wording in the SI, then you run the risk of being refused entry, and the Dept of Justice haven't given the Visa Office any advice on how to deal with such cases. They said we could try to enter the State using the EU Residence Card issued by the Home Office, but we run the risk of the immigration officer not accepting the Residence Card, and therefore being refused for not having a valid Irish visa. Ridiculous!

[ciaramc]

Qucik update -

I posted about applying under EU Treaty Rights for a residence card for my husband - I'm an Irish national who has exercised treaty rights in Italy for over ten years where my husband was also issued with 5 year residence card that is still valid. Anyway as stated we appplied under eU Treaty rights and section all the required dcumentation they requested (they had requested 3 lots of documents all supplied including translated documents - residence permit for both my husband and myself - our residence certificate for us both including our daughter - rent contract from Italy - and a letter from my job in Italy stating how long I had worked there for)

Anyways they sent us severral letters informing us we could apply under EU treaty/Zambrano/Spouse of Irish citizen - we informed them we wished to apply under EU Treaty rights so they told us to supply them with required documentation in order to process claim - we did just that. Today we received our 4th letter informing us the minister cannot accpet our application


for the following reasons

The directive 2004/38/EC of the European parliment (article 3 refers) shall apply to all Union citizens who move or reside in a member state other than that of which they are a national. As your spouse is an Irish national the directive and regulation 656/2006 as amended do not apply to you therefore your application is not a matter for and cannot be accepted by the EU treaty rights section.

Eh I'm applying under the Sighn ruling and they know this?? Anyone any ideas what we should do? I've already contacted SOLVIT but am unable to contact Burgh Quay as everything has to be sent by post? Any ideas?

PLEASE much apreciated!

[doesnotcompute]

Qucik update -

I posted about applying under EU Treaty Rights for a residence card for my husband - I'm an Irish national who has exercised treaty rights in Italy for over ten years where my husband was also issued with 5 year residence card that is still valid. Anyway as stated we appplied under eU Treaty rights and section all the required dcumentation they requested (they had requested 3 lots of documents all supplied including translated documents - residence permit for both my husband and myself - our residence certificate for us both including our daughter - rent contract from Italy - and a letter from my job in Italy stating how long I had worked there for)

Anyways they sent us severral letters informing us we could apply under EU treaty/Zambrano/Spouse of Irish citizen - we informed them we wished to apply under EU Treaty rights so they told us to supply them with required documentation in order to process claim - we did just that. Today we received our 4th letter informing us the minister cannot accpet our application


for the following reasons

The directive 2004/38/EC of the European parliment (article 3 refers) shall apply to all Union citizens who move or reside in a member state other than that of which they are a national. As your spouse is an Irish national the directive and regulation 656/2006 as amended do not apply to you therefore your application is not a matter for and cannot be accepted by the EU treaty rights section.

Eh I'm applying under the Sighn ruling and they know this?? Anyone any ideas what we should do? I've already contacted SOLVIT but am unable to contact Burgh Quay as everything has to be sent by post? Any ideas?

PLEASE much apreciated!

This is ridiculous! You said earlier in the thread that they already told you that you CAN apply under Singh, right? Do you have this in writing from them?

I'd get onto the Minister's Office and let him know what kind of incompetence the ordinary Irish citizen has to deal with! I reckon Minister Shatter would be more receptive to your complaint than some of his predecessors!

[Directive/2004/38/EC]

ciaramc,

Are you working in Ireland?

When did you arrive back in Ireland?

When did you apply for the RC?

[ciaramc]

Not working as of yet -

Looking for work sent letter from FAS and letter from social welfare stating I'm not claiming any benefits

Arrived back in Ireland start of May applied for RC for husband end of May?

[Obie]

I believe Ciara's case falls within the scope of Singh, Eind. Print those judgement, together with their website information, which state that irish nationals who have lived in another memberstate and exercised treaty rights there can sponsor their non -EEA FAMILY MEMBERS.

You could draw to their attention , and provide evidence, if available, that his visa was issued by the irish embassy under the directive.

I remember them giving you difficulties with his visa a while back, in Italy, and saying you are Irish national, before they finally conceded and issued the visa. All this could be used as evidence.

It is nearly two years since i left Ireland, i still remember the hurdles i had to overcome with thosd incompetent official

[leonex4t5]

I have a question that i need to confirm...

I am married to a british national, i have a british daughter, i have a limited leave to remain in uk, My wife, daughter and i were looking to go to france for two weeks.

Can i travel without a visa to france, and at the french border show my passport, marriage certificate and daughters birth certificate(will i be issued entry clearance under eu law?)

[ciaramc]

Got temporary stamp 4 ! SOLVIT were great once again!