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Canadian Girlfriend of Danish National working in Ireland

Forum to discuss all things Blarney | Ireland immigration

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odrai
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Canadian Girlfriend of Danish National working in Ireland

Post by odrai » Thu Mar 15, 2012 3:32 pm

Hey everyone :)

I am a Canadian national who has been in a relationship with a Dane for a while now, living with him since around April 2009 (so going on 3 years now). The relationship is well documented (tax reports, utility bills, etc.), as I knew this could could come in handy as an international couple. Something came in completely out of the blue, and now my boyfriend is going to a final interview for a job in Ireland next week. We are both very excited, even though it wasn't part of any plans in any ways and it will require a bit of sorting stuff out pretty quickly. We learned today that the company might not be of much help for my visa, as the position my boyfriend is interviewing for is close to entry level. Of course the final decision hasn't been made on either side, so there will probably be some negotiating on that level, if he is offered the position.

My questions now are: if I were to apply for the visa myself, how does the process look like for a non-EU de facto partner of a EU national working in Ireland? What kind of visa would I be getting, would I be allowed to work/study etc? How long does the process normally take?
Anyone here has gone through that process?

I have been doing a bit of research on my own, but the INIS website is confusing as hell. Thanks for your help :)

walrusgumble
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Re: Canadian Girlfriend of Danish National working in Irelan

Post by walrusgumble » Fri Mar 16, 2012 2:50 pm

odrai wrote:Hey everyone :)

I am a Canadian national who has been in a relationship with a Dane for a while now, living with him since around April 2009 (so going on 3 years now). The relationship is well documented (tax reports, utility bills, etc.), as I knew this could could come in handy as an international couple.
Yes it will. Get a folder, and collect ALL sorts of stuff to prove that you are a couple, living together like Husband and Wife ie De Facto Couple.

Eg - Evidence of shared Financial Responsibilities like Rent book, lease, utility Bills, joint bank statements, road insurance for car, the more proof of same from where ever you lived, the better. Even photographs (with digital dates on them)

When in Ireland, it would be helpful to open a joint account, and or joint health insurance, joint car insurance etc - not necessary , but very helpful.


As you are NOT married, you can't be compared to registered civil relationship (unless there is one in Denmark or elsewhere) because, in Ireland Marriage is the Only Family and EU law only says, its up to the Country to decide on that.

HOWEVER, as you know, Ireland does recongise, for immigration purposes de facto families.

All member states are entitled to pick out what the time condition is. It was for a time, 3-4 years proof. HOWEVER, it is 2 years. Why? Well, if you were in a de facto relationship with an Irish person, you require 2 years evidence of durable relationship. Therefore, a Dane could NOT be treated differently to an Irish person.

So, with 3 years proof, pile it all on and make an Form EU 1 application once your partner gets working in Ireland and can prove it. (Actually, you and him should be allowed in for 3 months unconditional and then make the application - no issue of visas as per EU law)

When the application for residency is pending, you get a temporary stamp 4
odrai wrote:
Something came in completely out of the blue, and now my boyfriend is going to a final interview for a job in Ireland next week. We are both very excited, even though it wasn't part of any plans in any ways and it will require a bit of sorting stuff out pretty quickly. We learned today that the company might not be of much help for my visa, as the position my boyfriend is interviewing for is close to entry level. Of course the final decision hasn't been made on either side, so there will probably be some negotiating on that level, if he is offered the position.
Don't let the visa or your issues get in the way of taking the job. You should not have problems and you can manage this on your own or with a lawyer.

I thought Canadians don't need entry visas to come to Ireland? (Important to have your folder of proofs with you and well labelled in case you get stopped - if married, only need passports and marriage cert)
odrai wrote: My questions now are: if I were to apply for the visa myself, how does the process look like for a non-EU de facto partner of a EU national working in Ireland?
Article 6 of Directive 2004 / 38 EC, states that an EU person and their partner/spouse can come to Ireland without condition for 3 months. After 3 months, EU must work and you should register via Form EU 1

Further in the Directive, while the States can ask for visas, they can't put obstacles in the way.

I thought Canadians don't need visas to come to Ireland.

Visas might take time, go to your nearest Irish Embassy and stress that EU law in relevant (if visas are needed)
odrai wrote: What kind of visa would I be getting, would I be allowed to work/study etc? How long does the process normally take?
Anyone here has gone through that process?
If you need an entry Visa (which doubt) it would probably be only a visit visa.

HOWEVER, once you enter the Country , and once partner starts working, do a Form EU 1. You will then be able to work once you get your temporary stamp 4, after 6 months a full decision will be made, and you will likely get your full stamp 4 eu fam for 5 years. You are then sorted, provided you have all proofs that you are in a de facto relationship

Obie
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Post by Obie » Mon Mar 19, 2012 11:44 pm

Great and mostly accurate advice. I fully agree.

However i am not sure permitted family member are allowed to work or issued with a temporary stamp 4, until they have been assessed as such.
Smooth seas do not make skilful sailors

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