Moving to Dublin - when to bring non-EEA husband & how

[tickletori]

Evening All,

I a trying to find some advice on moving to Ireland and brining over my soon-to-be South African husband. The information I have researched is slightly conflicting and confusing therefore would like some advice to clarify exactly what I would need to do and be expected of me.

I am British Citizen and currently live in the UK however I would like to relocate to Ireland. I have discovered that I will be able to apply for my husband to join myself via an EEA family permit however I would have to exercise my treaty rights in Ireland first and provide at least 3 months worth of bank statements - is this correct?

However I have also heard that if my husband joins me within the first 3 months there is another option - although I am not too sure on this.

I would be greatful for any advice!

[IQU]

your husband dont need visa for 3 months to ireland.www.inis.gov.ie

[tickletori]

your husband dont need visa for 3 months to ireland.www.inis.gov.ie

I understand he doesnt need a visa to enter ireland - i would like to know whether i will need to use the EEA route or if there is another route we should be taking?

[adlexy]

your husband dont need visa for 3 months to ireland.www.inis.gov.ie

I understand he doesnt need a visa to enter ireland - i would like to know whether i will need to use the EEA route or if there is another route we should be taking?

I will suggest that using the EU (DIRECTIVE 2004/38/EC) route is your best shot, with this you are able to exercise your treaty rights - you dont have to show any proof of work within the first 90days.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

However, to make life easier for you, you may want to start the process as soon as you arrive in Ireland. And if you can get a job before your application, the better for you as this will clearly define you as exercising the treaty rights.

All the best

[tickletori]

your husband dont need visa for 3 months to ireland.www.inis.gov.ie

I understand he doesnt need a visa to enter ireland - i would like to know whether i will need to use the EEA route or if there is another route we should be taking?

I will suggest that using the EU (DIRECTIVE 2004/38/EC) route is your best shot, with this you are able to exercise your treaty rights - you dont have to show any proof of work within the first 90days.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

However, to make life easier for you, you may want to start the process as soon as you arrive in Ireland. And if you can get a job before your application, the better for you as this will clearly define you as exercising the treaty rights.

All the best

When you say application do you mean the EEA family permit? If not what application do you refer to?

I planned to move over to ireland on my own and work for a minimum of 3 months (as this is what i thought was the minimum required time) and then apply for my husband to join me from South Africa via an EEA family permit - is this the correct way to go about it?

However if we both went on holiday to ireland and then decided that we wanted to stay could we? - i understand that i can as an EU citizen however would my husband be able to and then would he be able to work? Would it be the same process of applying for an EEA family permit just whilst we were there?

Thanks for the information - sorry to ask lots of questions i just want to cover all bases.

[adlexy]

your husband dont need visa for 3 months to ireland.www.inis.gov.ie

I understand he doesnt need a visa to enter ireland - i would like to know whether i will need to use the EEA route or if there is another route we should be taking?

I will suggest that using the EU (DIRECTIVE 2004/38/EC) route is your best shot, with this you are able to exercise your treaty rights - you dont have to show any proof of work within the first 90days.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

However, to make life easier for you, you may want to start the process as soon as you arrive in Ireland. And if you can get a job before your application, the better for you as this will clearly define you as exercising the treaty rights.

All the best

When you say application do you mean the EEA family permit? If not what application do you refer to?

I planned to move over to ireland on my own and work for a minimum of 3 months (as this is what i thought was the minimum required time) and then apply for my husband to join me from South Africa via an EEA family permit - is this the correct way to go about it?

However if we both went on holiday to ireland and then decided that we wanted to stay could we? - i understand that i can as an EU citizen however would my husband be able to and then would he be able to work? Would it be the same process of applying for an EEA family permit just whilst we were there?

Thanks for the information - sorry to ask lots of questions i just want to cover all bases.

Whichever way you choose, as long as you are exercising the Treaty Rights, and you make the application while your husband is in Ireland, your husband would still have to wait a few months without working

However, there are generally two ways to reach the same aim:

1. You can choose to arrive tomorrow with your husband and make an application a few days later (Generally, both of you should have a 90days leeway when you dont have to prove you are working to be able to execise the Treaty rights but to continue to exercise the Treaty Rights after 90days, you must show that you are in employment, of independent means or self employed(I think or also a proof you are a student whichever you have).

2. Alternatively, you can choose to arrive in Ireland on your own and then start the process of Treaty Rights. You can get a job, settle in and then basically make an application on behalf of your husband to the Irish embassy at the location where you husband is to get an entry clearance. A visa should be issued on an "accelerate" basis to enable your husband travel to Ireland. You will then need to visit INIS to complete the process of getting the EU FAM Card.

Whichever way, I think there may be periods while you are waiting when your husband will have no right to work.

On this forum, there are loads of step by step processes already implemented by a number of contributors that may be of help to you.

All the best

[dalebutt]

OP, your husband is from a visa free country to Ireland, your best bet would be to travel with him to ireland and then after which you have started exercising your treaty rights either by being employed, self employed, student or self sufficient, your husband can at the time apply for residence card, your husband is allowed to work whilst this is in progress.

The DOJ, due to the unemployment crisis restricted this access but this has been subsequently over-ruled by the High court. Your husband cannot apply for residence card outside Ireland, this application is an in-country application after which you must have been exercising your rights.

[tickletori]

Thank you both for the information - i hae a few questions sorry any response is gratefully recieved!

1. How would i show that i was exercising my treaty rights within the first 90 days if i am not working? - to be able to work i need a PPS number which i cant apply for till i go over.

2. What is the name of the application i would have to make on behalf of my husband at the irish embassy - noone has mentioned the EEA family permit is this not the right application?

3. Would my husband need a visa as he is from South Africa it states he does not need a visa to enter the country...

4. If we went to ireland together would it be better to have return tickets - we would not want to commit a crime but i think it would be easier to go into the country with return tickets and therefore avoid questions?

5. What do you think is the best/easiest option to go for?

[adlexy]

Thank you both for the information - i hae a few questions sorry any response is gratefully recieved!

1. How would i show that i was exercising my treaty rights within the first 90 days if i am not working? - to be able to work i need a PPS number which i cant apply for till i go over.

2. What is the name of the application i would have to make on behalf of my husband at the irish embassy - noone has mentioned the EEA family permit is this not the right application?

3. Would my husband need a visa as he is from South Africa it states he does not need a visa to enter the country...

4. If we went to ireland together would it be better to have return tickets - we would not want to commit a crime but i think it would be easier to go into the country with return tickets and therefore avoid questions?

5. What do you think is the best/easiest option to go for?

I dont have all the answers but

# You can ask for a PPS number when you arrive. You dont have to "show" until you make an application and you dont really have to show anything, you only let them know when you make the application.#

# I think in your case it will be the EU1 - http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights #

# By default, the SA passport holder do not require a visa to enter Ireland (the last time I checked) but there is no crime double checking that with the Irish embassy in your spouse's country of residence #

# Under normal condition as an EU citizen exercising the Directive, you do not require to have a return ticket - there is no such obligation. However, if you are really very concerned, you may have one #

# The easiest I assume is the EU1 application while you are in Ireland. The only side-kick is that while the application is being determined, your spouse cannot work but you can (he can pretend to be on extended holidays!)#

All the best

[IQU]

the best is you can come alone to ireland first rent the apartment and get the job than travel back to sa.than two of you fly together once your in dublin apply for eu1 form with all the document mention in the website .www.inis.gov.ie

[tickletori]

Thank you both for the information - i hae a few questions sorry any response is gratefully recieved!

1. How would i show that i was exercising my treaty rights within the first 90 days if i am not working? - to be able to work i need a PPS number which i cant apply for till i go over.

2. What is the name of the application i would have to make on behalf of my husband at the irish embassy - noone has mentioned the EEA family permit is this not the right application?

3. Would my husband need a visa as he is from South Africa it states he does not need a visa to enter the country...

4. If we went to ireland together would it be better to have return tickets - we would not want to commit a crime but i think it would be easier to go into the country with return tickets and therefore avoid questions?

5. What do you think is the best/easiest option to go for?

I dont have all the answers but

# You can ask for a PPS number when you arrive. You dont have to "show" until you make an application and you dont really have to show anything, you only let them know when you make the application.#

# I think in your case it will be the EU1 - http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights #

# By default, the SA passport holder do not require a visa to enter Ireland (the last time I checked) but there is no crime double checking that with the Irish embassy in your spouse's country of residence #

# Under normal condition as an EU citizen exercising the Directive, you do not require to have a return ticket - there is no such obligation. However, if you are really very concerned, you may have one #

# The easiest I assume is the EU1 application while you are in Ireland. The only side-kick is that while the application is being determined, your spouse cannot work but you can (he can pretend to be on extended holidays!)#

All the best

Thank you, do you have an idea of how long the application would take whilst we are in ireland?

So just to clarify we can visit ireland and then decide that we want to stay i would then start looking for a job therefore exercise my treaty rights and apply for my husband to stay possibly using the EU1 form? Is this correct?