eu or join family visa for step daughter

[missusmurphy]

My husband and I are a bit confused and would appreciate all the help... He's irish and I'm non eu, holder of rc as family member of eea national in uk, married, both working. We are going back to ireland permanently... as I have a residence card I would use the eu route to go to ireland our concern is my non eu daughter from a previous relationship, we would like her to join us in ireland permanently a few months after we move to ireland once we have settled a bit.. do I apply for an eea family permit for her or a join family visa? Thanks in advance for your help

[irishcolombians]

I'd go down the eu treaty route, your already half way there, you can return to ireland if you have been living and working in another eu country and your non eu daughter can join you.

[missusmurphy]

I'd go down the eu treaty route, your already half way there, you can return to ireland if you have been living and working in another eu country and your non eu daughter can join you.

Thanks for the reply will the eu route apply even if she still lives in a non eu country. . I mean she would be spplying from the Philippines. .

[irishcolombians]

how old is the step daughter, if she is over 21 you need to prove that she is dependent on your husband (receipts of money paid to her over a good period of time)

if she is under 21 she is classed as a child and only needs to provide evidence of relationship to your husband.

Also, if your step daughter is not in the UK with you now. you would need to apply under EU Law to have your stepdaughter join you. REMEMBER this is your husbands right. Do not under any circumstances apply to have her brought over under British Law. You must state that you are excising EU treaty rights pursuant to directive 2004/38ec. This is free of charge and should be processed by law under 4 weeks. do not let yourself be judged as a British citizen rather an EU one. if you check out the UKBA website and search EU Treaty rights it will tell you the procedure for applying.

Once she is issued with the visa, she can travel to Britain where you must remain with her and your husband, with your husband actively working for those 3 months minimum, you can then apply to the irish authorities to move back to ireland, in a similar procedure as above.

Although this is long winded in the beginning, it saves so much time and expense in the long run, as long as you are lucky in work etc. it becomes more of an automatic right this way.