MOVEMENT RIGHTS OF FAMILY MEMBERS OF EU NATIONALS

[spidexx]

Hello House, I salute you all.

I was just reading about the movement rights of EU nationals and their Non-EU family mmebers, and i came accross this - "In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident. In 2008 following a decision by the European Court of Justice this requirement was removed by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (pdf) ".

Does this mean that say for example: A British national who was married to an illegal immigrant in the UK moved to Ireland to exercise treaty rights , his/her illegally UK resident spouse can apply to the Irish embassy in UK to join the UK National in Ireland ? Or does the spouse have to travel to their home country to apply to the Irish Embassy .
Will the application to the Irish Embassy in UK be counted as valid , even though the Non-EU family member who is making the application is illegally resident in the UK ?

I do hope someone will be kind enough to clarify this for me .

[Jersey]

Does this mean that say for example: A British national who was married to an illegal immigrant in the UK moved to Ireland to exercise treaty rights , his/her illegally UK resident spouse can apply to the Irish embassy in UK to join the UK National in Ireland ? Or does the spouse have to travel to their home country to apply to the Irish Embassy .
Will the application to the Irish Embassy in UK be counted as valid , even though the Non-EU family member who is making the application is illegally resident in the UK ?

British national do not fall under EEA regulations but under immigration law.

[EUsmileWEallsmile]

Does this mean that say for example: A British national who was married to an illegal immigrant in the UK moved to Ireland to exercise treaty rights , his/her illegally UK resident spouse can apply to the Irish embassy in UK to join the UK National in Ireland ? Or does the spouse have to travel to their home country to apply to the Irish Embassy .
Will the application to the Irish Embassy in UK be counted as valid , even though the Non-EU family member who is making the application is illegally resident in the UK ?

British national do not fall under EEA regulations but under immigration law.

While your sentence is generally correct, I don't think it answers the OPs question.

[EUsmileWEallsmile]

A British national can move to Ireland with their non-EU spouse.

[spidexx]

A British national can move to Ireland with their non-EU spouse.

Thank you EUsmileWEallsmile.

But can the non-EU husband apply to Irish embassy in UK to travel to join his british spouse in Ireland despite his lack of extant leave? Or does he have to travel home first ?
Your help is much appreciated.

[Directive/2004/38/EC]

The non-EU family member does not have to have prior legal residence in a European member state.

So they should be able to apply from their home country.

I am not sure if there is any explicit statement in the ruling that they can apply from anywhere, e.g. somewhere they are presently illegally resident. Anyone have any case law in this area?

[EUsmileWEallsmile]

A British national can move to Ireland with their non-EU spouse.

Thank you EUsmileWEallsmile.

But can the non-EU husband apply to Irish embassy in UK to travel to join his british spouse in Ireland despite his lack of extant leave? Or does he have to travel home first ?
Your help is much appreciated.

He should be able to apply at the Irish embassy. He should ask the embassy to deal with his application.