*** HELP evidence to show - EU Citizen lawfully in Ireland

[brandy79]

Help please!

I am a UK citizen (Scottish) and my husband is Sri Lankan. I am moving to Ireland to seek work. As my husband is Sri Lankan we need to apply for a visa. One of the conditions we need to fulfill is -


Evidence that the EU Citizen spouse is lawfully in Ireland


What evidence is acceptable for this? Flight tickets to show I have arrived into the country? Is an irish address and pps number sufficient? I am unemployed as I have just returned from Sri Lanka.

Thank you

[archigabe]

Where do you see the note that " EU citizen needs to be "LAWFULLY" in Ireland?

[brandy79]

Stated on the irish immigration website -

http://www.inis.gov.ie/en/INIS/Pages/Jo ... EU_Citizen

Thanks

[archigabe]

I dont see anywhere that EU citizen sould be "lawfully" resident. You should be ok if you are working/studying/ job seeking/self sufficient( ie. no public assistance, private health insurance)

[brandy79]

This is exactly what is stated on INIS.gov.ie website -

Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland


If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to JOIN the EU Citizen who is already in Ireland you should fully complete the online application form, and submit your signed summary application form, and photographs

In addition the following documents are required:

Your passport
Copy of the bio page of your spouse’s passport
Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence
Birth Certificate (long form) for children under 21 years, parental consent where appropriate, national Identity card (signed if required)
Evidence that the EU Citizen spouse is lawfully in Ireland

[iffydooda]

I too am wondering what would constitute the proof that they require of "lawful residence in Ireland".

I am a UK citizen with non EU spouse planning to move to Ireland where my spouse will join me from Kenya. My wife is being asked to supply "proof of lawful residence in Ireland" of her EU spouse as part of her application for a visa.

Two points:

1) Why can they ask this since it is not a requirement under EU law, as far as I know? I am not yet resident in Ireland and the right to move their exists independently of being resident there.

2) It may be easier to comply than challenge their right but there is no help on their site to help me interpret what evidence of lawful residence is. I could be 'unlawful' and still have a tenancy agreement or utility bill so I presume neither of these would suffice and am at a loss to know what they could want.

I have sent an email to the Irish immigration office asking for clarification but it could take time, even if they do reply.

[EUsmileWEallsmile]

In law, a non-EU family member is lawfully resident in an EU country if they comply with the requirements set out in directive 2004/38/ec.

For example in the case of the family of an EU worker, the family is automatically living lawfully in an EU state. The non-EU national's activities are not really important.

An EU state can, and Ireland does, insist that the non-EU national family member obtains a residence card within their first three months of residence. Non-compliance can lead to non discriminatory and proportionate sanctions, e.g. a fine, but nothing else.

What your real question might be is what evidence does your spouse have of being in Ireland.

[EUsmileWEallsmile]

Having re-read your post, I see that you are after a visa. I'm leaving my previous post as I think it may be useful to you.

In this case, if the EU national is already living in Ireland, they would need to show evidence that they were a student, worker, self-employed person.

If the EU national has not yet moved to Ireland, they just need to evidence that they will be accompanied or joined by their family member. A letter from the EU national to that effect should suffice.

[brandy79]

new topic started

[EUsmileWEallsmile]

I'm not clear on why you felt the need to start another topic. Thanks for pointing this out.

This thread is locked.