Registering at GNIB/Applying for Residence Card

[JosephineO]

Hi

Just a bit of background info, my Guatemalan husband and I moved to Dublin on 1 July 13 - I am starting a full time job on 6 August 13 and we now both have a permanent address, our PPS numbers and a joint bank account.

1) I am confused about whether we need to register my husband's presence at the GNIB as well as applying for a residence card using Form EU1. Are these viewed as separate requirements?

2) From looking at the explanatory leaflet for Form EU1, I need to provide two payslips as documentary evidence. I'm due to get paid monthly however I won't receive the second payslip until 24 September. My husband received a stamp in his passport saying he can stay until 1 October. Basically, what is going to happen after 1 October if my husband doesn't have a Stamp 4 in his passport?

Thanks for reading and hopefully someone can offer a bit of advice!

Josephine

[jinkazama_11]

Re your point 1 - I was confused as well and asked Garda this question and got following reply from them.

Dear Sir/Madam,
In order to be registered in the State as the spouse/partner/dependent of an EU national, a person must first apply in writing to the Irish Naturalisation & Immigration Service, EU Treaty Section, 13/14 Burgh Quay, Dublin 2 for EU Treaty Rights. Once that office has made a decision on the application, they will inform the applicant and this office (GNIB) in writing. The applicant will then need to attend GNIB with their EU spouse/partner to complete the registration process and have the passport of the non EU citizen stamped. Further information is available from the INIS website at the following link: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights
EU Citizens themselves are not required to register with this office.

Yours sincerely,

Sent on behalf of
Detective Chief Superintendent
Garda National Immigration Bureau

[jinkazama_11]

re your point 2 - according to EU1 guidance you should explain if any documents are missing.
I think you should apply now and explain that you will send the missing documents and other payslips later on. See follwoing

http://www.immigrationboards.com/viewto ... highlight=

[JosephineO]

Thanks for your replies jinkazama_11 - you've been really helpful.

1) The reply from Garda that you received clarified things a bit - I emailed INIS earlier today with some questions and expect I'll get a similar response. So my understanding is that applying for his residence card is the first thing we need to do and then once INIS have accepted our application we need to go to the GNIB who give us the Stamp 4?

2) The story of andyjohnst that you posted the link to was great. I think depending on the info I get back from INIS we shall apply now for the residence card with a covering letter explaining that we will be able to send the supporting evidence at the end of September. Everything else is in place so I can't imagine it being a huge issue. Watch this space!

If anyone has any other comments to make I'd be grateful for some second opinions Thanks again.

[jeupsy]

So my understanding is that applying for his residence card is the first thing we need to do and then once INIS have accepted our application we need to go to the GNIB who give us the Stamp 4?

Correct, but you are right to have been seeking a written confirmation from INIS to cover yourself if something goes wrong (for example if they take too long to issue the temporary Stamp 4).

[JosephineO]

Thanks jeupsy and yes at least once INIS reply I can wave the email in their faces - only if provoked of course... - and say that I tried to do everything by the book!

[JosephineO]

For info I just received this email from INIS:

Your husband can complete Form EU1 and submit it with whatever documentation you have. Explain the circumstances about wage slips and send them when they are available as it takes 6 months to process. You may get a temporary Stamp 4 if this office is satisfied with the documentation submitted as it is at the discretion of the Minister. As your husband will have an application submitted he will not have to leave the State while that application is in progress.

Best regards,

Teresa X. Walsh
EU Treaty Rights Section
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2

I had asked them:

Dear Sir/Madam

I am a UK citizen and my non-EEA husband and I moved to Dublin on the
1st July. I am starting a full time permanent job on the 6th August
and will therefore be exercising my EU treaty rights.

However, for my husband to apply for a residence card using form EU1 I
need to provide two payslips from my employment - which I won't have
until the 24th September. My husband received a stamp in his passport
allowing him to stay in the Republic of Ireland until 1st October.

Is there anyway we can apply for a residence card before I have the
two payslips from my employer if say I present my employment contract?

I understand that once we have a letter from INIS regarding our
application we can apply for a temporary Stamp 4 at the GNIB... but
what will be my husband's status in the country after 1st October
while we are waiting for his residence card application to be
processed? I read that it could take up to six months for the
application to be processed and maybe a month before we get a letter
from INIS confirming receipt of our application.

Any advice would be greatly appreciated.

Many thanks

So that seems pretty conclusive. We are going to complete Form EU1 and submit it asap to get the ball rolling and then submit the remaining documentation when we get it.