returning irish citizen with non eu spouse

[missusmurphy]

Hi my husband is irish and we are currently living in the UK, Ihave a rc as family member of an eea national, we are bringing my daughter here from the Philippines using an eea family permit and then apply for her residence card..

My husband is thinking of moving back to ireland before the end of this year my questions are:

1. What visa should me and my daughter apply for once we've moved to ireland, I know that we can enter the country with just our uk rc?

2. If I go through with the eu route rc in ireland would I still qualify for naturalisation after 3 years of residing in ireland as I am a spouse of an irish citizen or do I have to wait 5 years?

3. How long does my non eu daughter need to wait until she can apply for naturalisation

4. I was never married to my daughters' father and in the Philippines I have full custody of her, would I still need her fathers' permission for her to stay with us?

5. Does my husband need to exercise his treaty rights in ireland before we can apply for a rc there?

I would appreciate your help, I know it's still a few years before we'd need these but I'd like to get things sorted so we're prepared.

[Brigid from Ireland]

5. The simplest method is for your husband to get a job in Ireland as he is then a migrant worker under EU law and then you get a six month Irish visa on the basis of his payslips. If he is still working at the end of the six months then you get an EUFAM stamp 4 visa for five years.
4. Is the father named on the birth cert? If not, you simply state 'father unknown' and you are the sole parent. If he is on the birth cert, it would be best to get a letter from him saying you can take the child to Ireland, if that is possible. In practice, the Irish don't usually look for this, as they assume you can take the child to Ireland, as you are the mother.
3. Daugher must live in Ireland for five years.
2. Spouse of Irish citzen can apply for citizenship if she lives in Ireland for three years.
1. You will be given a temporary one or three month visa by immigration as the spouse of an EU citizen who is looking for work.

It should be noted that if you have a UK residence card you can move immediately to Northern Ireland, as this is part of the UK. Three years legal residence there also gets you the right to apply for Irish citizenship (and five years for your daughter), as Northern Ireland is considered part of the Republic of Ireland in Irish citzenship laws.
It is important to get citizenship for the daughter before university, as non-EU university fees are very high here.

[dalebutt]

Just so this will not mislead anyone in future, and that the rules is very clearly understood, as a returning citizen, the husband of the OP does not have to engage in any economic activity in Ireland before the wife can receive stamp 4, what is required to show is all the documents that proves that he has been working in the UK.

[Elizabeth06]

Just so this will not mislead anyone in future, and that the rules is very clearly understood, as a returning citizen, the husband of the OP does not have to engage in any economic activity in Ireland before the wife can receive stamp 4, what is required to show is all the documents that proves that he has been working in the UK.

Just to agree with what Dalebutt said above, a citizen returning to their home member state to reside after exercising EU Treaty Rights in another member state does not need to continue to be economically active in their home state for their non-EEA spouse to be entitled to reside there also.

So in the case of a returning Irish national to Ireland who has been exercising EU treaty rights by working and living in the UK, the Irish national does not need to be employed in Ireland in order for their non-EEA spouse to make their residency application.

This stems from european case law and was the decision of the ECJ in Eind:

'When a worker returns to the Member State of which he is a national, after being gainfully employed in another Member State, a third-country national who is a member of his family has a right under Article 10(1)(a) of Regulation No 1612/68 as amended by Regulation No 2434/92, which applies by analogy, to reside in the Member State of which the worker is a national, even where that worker does not carry on any effective and genuine economic activities. The fact that a third-country national who is a member of a Community worker’s family did not, before residing in the Member State where the worker was employed, have a right under national law to reside in the Member State of which the worker is a national has no bearing on the determination of that national’s right to reside in the latter State.’'

[chaoclive]

How are you getting on with everything Elizabeth? Did you manage to get any news from Dublin?

[Elizabeth06]

How are you getting on with everything Elizabeth? Did you manage to get any news from Dublin?

Hopefully will have some good news to report soon, fingers crossed, thank you - will give you an update as soon as I know myself as well, so that hopefully it will help you too. Hope everything is going well for you in the meantime