residence for spousal visa?????

[bigjon]

Hello,
I am a American citizen who has been living with my UK citizen spouse in Ireland. We have to relocate to the UK, and I will be submitting my application for a spousal visa. My application for residence in Ireland is pending still, so i am not a full resident, though i am not illegal either. Does this mean I must return to the states and apply from there? This seems redundant since the applications are done mostly online or by mail. Does anyone have any input?
Thank you,

[cartaverde]

No, you can stay.
Just apply for the EU1 ...

And then wait, wait and wait ..

[bigjon]

9 months and counting, though they told me friday they will have a reply to my EU1 in the next two weeks, but it will be a rejection, because we have'nt lived in another state....

[John]

But your spouse IS living in another EU country! So I really don't understand the logic of why your application should be rejected.

[bigjon]

the problem is the irish government is not giving residence to spouses of eu nationals who did not reside together in another state before moving/ applying for residence in ireland. so since my wife and i were married here in ireland and i met her here, they will not give me residence. the court case regarding this issue and many others was supposed to be settled friday but has been postponed until june. since we were going to move to the uk eventually, we dont trust the system here enough to wait it out any longer, and my savings cant hold out much longer either. the irish boards are full of people in our position. my main concern now is if the British embassy in ireland will let me apply through them or if i will have to return to the states and apply there.