Non EU Spouse residence in Ireland and UK?

[EUspouse82]

Hi Folks,

I have a question and I will appreciate if experts and members can help out. It is quite complex but I try my best to explain it in a simple way.

My friend, a Pakistani has been married to his wife a British citizen for 8 years and they have 3 children together. They moved to Ireland in 2006 and he got the EUFam card in 2006 which expired in 2011. He applied for a a Permanent Residence Card but this was declined because his wife did not work for the full 5 years. He reapplied for another EU1 card and this was granted in November 2012 until 2017. However his spouse started a part time MBA programme in the UK and they temporarily moved to the UK where he has now been issued a UK EEA residence card.

He still travels to Ireland using the card as he is self employed and does business in both Ireland and the UK

My questions are:

1. Does this invalidate his residence card in Ireland? Given the fact that he was in Ireland for 6 years with EU fam card and considering the length of their relationship (I assume that the EU directive of Free Movement indicates that a Non-EU spouse can stay in the country if the marriage has lasted 3 years and they are resident for over a year)

2. On 2 occasions, his passport was stamped by immigration officers despite the fact that he explained that since he had a EU Fam cad, they should not stamp it but they insisted they were not aware of that rule- what should he do in future as he travels between both countries very often for business?

3. He will eligible to apply for Irish citizenship in August 2013, are there any impediments to his application? Given the fact that he travels between the 2 countries?

Thank for your your anticipated replies

[Directive/2004/38/EC]

Which country stamped his passport?

I am not clear what your friend wants to do. But the couple can live in either the UK or Ireland or anywhere else in the EU if they wish.

[EUsmileWEallsmile]

Please continue in your other thread.