Advice (please!) for UK citizen with Guatemalan husband

[JosephineO]

Hello, I'm new to the forum and hope you can help me.

I'm a UK citizen living in Guatemala with my Guatemalan husband and we are having the same trouble as another member (srt - http://www.immigrationboards.com/viewtopic.php?t=134072) regarding having too low an income to be able to apply for the UK visa. So our plan is to move to Ireland and work there (under Directive 2004/38/EC) with a view to applying for the UK visa when I have sufficient income (and the funds available) to do so. Or perhaps staying in Ireland if we like it!

Could I just check with forum members if they think it is feasible for my husband and I to arrive in Ireland together? Or whether it would be advisable for me to go first and try and find work? From what I understand my husband has no ‘automatic’ right to accompany me or join me in Ireland, his rights are subject to discretion. Although I assume that on seeing our marriage certificate etc they would have to let him in the country? Do I have to complete an application online before making travel arrangements? What would you all recommend?

My husband came over to England to see me in May 2012 for a three week holiday, we were engaged at the time and he didn't mention that to anyone just in case they thought he would try to stay illegally. He was quite thoroughly grilled by Customs officers and was only let in on the proviso that I had written a letter of invitation detailing how his trip was to be funded and that I too would be returning to Guatemala on the same day as him. They were very clear that he could only stay until the date his flight was due to leave and said that if he didn't leave the country on that day my family would be in "big trouble". It was pretty scary at the time. Maybe the way he was treated was different because he definitely didn't have permission to STAY in the UK and that is what airports are concerned about, but I am worried that something similar could happen if/when we go to Ireland.

Any advice regarding the above (or other related issues!) would be much appreciated!

Thank you so much.

Josephine

[EUsmileWEallsmile]

Hello, I'm new to the forum and hope you can help me.

I'm a UK citizen living in Guatemala with my Guatemalan husband and we are having the same trouble as another member (srt - http://www.immigrationboards.com/viewtopic.php?t=134072) regarding having too low an income to be able to apply for the UK visa. So our plan is to move to Ireland and work there (under Directive 2004/38/EC) with a view to applying for the UK visa when I have sufficient income (and the funds available) to do so. Or perhaps staying in Ireland if we like it!

Could I just check with forum members if they think it is feasible for my husband and I to arrive in Ireland together? Or whether it would be advisable for me to go first and try and find work? From what I understand my husband has no ‘automatic’ right to accompany me or join me in Ireland, his rights are subject to discretion. Although I assume that on seeing our marriage certificate etc they would have to let him in the country? Do I have to complete an application online before making travel arrangements? What would you all recommend?

My husband came over to England to see me in May 2012 for a three week holiday, we were engaged at the time and he didn't mention that to anyone just in case they thought he would try to stay illegally. He was quite thoroughly grilled by Customs officers and was only let in on the proviso that I had written a letter of invitation detailing how his trip was to be funded and that I too would be returning to Guatemala on the same day as him. They were very clear that he could only stay until the date his flight was due to leave and said that if he didn't leave the country on that day my family would be in "big trouble". It was pretty scary at the time. Maybe the way he was treated was different because he definitely didn't have permission to STAY in the UK and that is what airports are concerned about, but I am worried that something similar could happen if/when we go to Ireland.

Any advice regarding the above (or other related issues!) would be much appreciated!

Thank you so much.

Josephine

What you have said above (I have underlined it) is not correct. He would be entitled to accompany or join you in Ireland.

You can be in Ireland for up to three months with the condition of having a valid passport, but thereafter require to be a worker, student or self-sufficient. If you are a worker, you may return to the UK later using the EU route.

[JosephineO]

Thank you EUsmileWEallsmile for your comment and for correcting me there, I read that in some guidance notes...

Another question, as we are planning on being in Ireland for more than three months are we not required to apply for a long-stay visa for my husband? I read somewhere that for stays of up to three months an entry visa is not required but I struggled to find information on whether stays of over three months mean that we need to apply for a visa before we leave for Ireland. Or is the fact that he is my husband enough for us to arrive in Ireland without a visa, and once I find work exercise my EU Treaty rights thereby allowing him to stay and work in the country?

Any ideas? Thank you for your help.

[EUsmileWEallsmile]

If your husband normally requires a visa to visit Ireland, then he will be expected to have a visa. It would be a short-term visa.

Irrespective of the above, once in Ireland, if staying over three months, then he will need to apply for a residence card.

[Directive/2004/38/EC]

The non-EU family member has a 100% right to be with the EU citizen (except for mass murders, war criminals, etc...)

It is easiest to go together. Leaving one behind is bound to cause problems and hassle.

Citizens of Guatamala do not require a visa to enter Ireland: http://www.citizensinformation.ie/en/mo ... eland.html

[JosephineO]

Hello again!

Just to let you know, my husband and I are now in Dublin and we passed through immigration without any problems. We first went to the EU section but were told to go to the Non-EU section and that I could go with my husband. The immigration officer was quite a young guy and the conversation went more or less as follows:

Immigration Officer: What is the purpose of your trip?
Me: We are planning on living in Dublin.
Immigration Officer: Have you got a return flight or are you here to stay?
Me: No, we have all our stuff with us.
Immigration officer: Are you planning on going back to the UK at some point?
Me: Yes but in time, our plan is to live in Ireland permanently.
Immigration Officer: Have you got jobs or somewhere to stay?
Me: I have an interview on the 16th July and we have rented an apartment in Dublin 8.
Immigration Officer: Oh ok, but your husband hasn't got a work permit or anything?
Me: No, but once I have a job we are going to apply for a residence card for my husband.
Immigration Officer: Do you have your marriage certificate with you?
Me: Yes, do you want to see it? It's translated into English.
Immigration Officer: No you're fine I don't need to see it. Ok to stay and work he needs a stamp 4 which I can't give here. The maximum amount of time I can give is 90 days and instead of starting a complicated process now that will take a long time I think it's best if I just give him a three-month tourist visa and that gives you time to sort things out.
Me: Yes I think that would be the best idea, thank you.

And that was it! Very straight forward and not at all threatening. Thank you all so much for your advice. It was greatly appreciated and we are now in Ireland and sorting our new lives out!

All the best.

Josephine

[EUsmileWEallsmile]

Good to hear of your success. We don't normally encourage two very similar threads. I will lock this one.