When a EU citizen has to travel to Ire for spouse to "j

Latintraveller · Post by **Latintraveller** » Mon Dec 17, 2012 12:41 am

I notice on the page linked below that significantly less documents have to be included with a Visa application when a non-EU spouse JOINS (rather than travels to Ireland with her) the EU spouse in Ireland. Also I believe that significantly more rights are afforded spouses JOINING their non-EU spouse.
http://www.inis.gov.ie/en/INIS/Pages/Join%20Family

In January I will be marrying my future non-EU wife. Shortly thereafter she will complete her visa application form, I will travel in March and she will JOIN me in April or thereafter. As part of the Visa application she has to send "evidence that the EU Citizen spouse is lawfully in Ireland". At the stage of the visa application I will not be in Ireland though. Does anyone have any advise what to input here? Should we just write "will be travelling to Ireland in March 2013 to be joined be wife thereafter"?

Also I have to input my place of residency. I am currently legally resident in the UK (I have a UK address), but have been in Peru in the neighbourhood of my fiancée for courtship purposes for many months. What should I input here?

Thank you for your anticipated help.

Post by **EUsmileWEallsmile** » Mon Dec 17, 2012 7:21 pm

I've read the linked document and cannot see where it says that joining is easier than accompanying (it is rather a long webpage with many categories of applicant).

In general, there is should be no advantage between accompanying or joining. One point to bear in mind is that once the EU citizen reaches the member state, they have three months in which to live in accordance with the directive. So if anything, it should be easier to enter the member state together as the three month clock won't have started.

Is there any particular reason why you must go first?

agniukas · Post by **agniukas** » Mon Dec 17, 2012 7:30 pm

just my thoughts, that if the EU citizen is already in the country settled in and working or exercising his/her Eu treaty rights, it could be looked more favourably if the non EU spouse is coming to join. while when they are coming together, chances are the EU citizen won't be able to get employment in the 3 months required. Therefore, it would appear that it would be easier to JOIN the EU spouse. Just my thoughts...

Latintraveller · Post by **Latintraveller** » Mon Dec 17, 2012 7:52 pm

You are right! I must had misread a part of the document!

Regarding travelling together. It would be difficult for us to travel together as I have a flight returning to the UK on 1 March 2013. I hope to move to Ireland around a week later. My fiancée and I will marry on 4 January. By the time she gets her ID card and passport in her new name, her (and her son's) Visa and flight tickets we will be probably into late March or April. I would like also to arrive earlier to find a place to live and hopefully some work.

Thank you for the information about my (the EU citizen's) arrival date and the three month clock starting from then. This was something that I didn't realise. Perhaps I could time my trip to the UK to collect my belongings so I arrive back in Ireland just before my spouse or even I could go up the North for a day or two if that would reset the clock.

I guess your reference regarding the EU citizen "to live in accordance with the directive" is mainly referring to my work status.

Post by **EUsmileWEallsmile** » Mon Dec 17, 2012 7:55 pm

If I were you, for simplicity, I'd apply on the basis that you are accompanying her.

You would be more than entitled to visit Ireland and do some searching for work / accomodation, etc, leave and reset the clock.

Latintraveller · Post by **Latintraveller** » Mon Dec 17, 2012 8:04 pm

Ahh! I understand your line of thought. That sounds like a great idea! Am I right guessing that although I am technically not accompanying her and she is JOINING me that she cannot be refused entry (or a Visa) on that basis.

Post by **EUsmileWEallsmile** » Mon Dec 17, 2012 8:29 pm

You wouldn't be the first to apply as accompanying and decide to change plans later and arrive first.

kay275 · Post by **kay275** » Tue Dec 18, 2012 4:15 pm

Latintraveller wrote:Ahh! I understand your line of thought. That sounds like a great idea! Am I right guessing that although I am technically not accompanying her and she is JOINING me that she cannot be refused entry (or a Visa) on that basis.

I think you need to apply for ACCOMPANY visa rather than JOIN - because you are not actually living in Ireland at the time of application?

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When a EU citizen has to travel to Ire for spouse to "j

When a EU citizen has to travel to Ire for spouse to "j