Non EU/EEA citizen wanting to go to Europe w/Irish partner

[idealist345]

Hi all,

I registered some time ago and have been reading other threads but didn't find anything similar to my case (if actually there is info about this, please direct me there).

- I am an Argentinean citizen and my partner is Irish-Canadian (with passports for both Ireland and Canada)
- We've known each other for 2 1/2 years and living together for 1 year, in Japan (where we met)
- We are considering getting married and moving to Europe in 2 years... although not sure where exactly yet

Here's my questions:
1. Does an Irish spouse visa allow me to work in EU countries other than Ireland? Or do I have to get a work permit?
2. Do we have to reside in Ireland first before we can go to another EU country?

I wouldn't mind living in Ireland, I consider it a great country, but I'd like to consider other possibilities too. Besides, I have contacts at a company that has offices in the UK, France and Germany, not in Ireland unfortunately.

Thanks in advance for your help.

[JAJ]

Here's my questions:
1. Does an Irish spouse visa allow me to work in EU countries other than Ireland? Or do I have to get a work permit?
2. Do we have to reside in Ireland first before we can go to another EU country?

I wouldn't mind living in Ireland, I consider it a great country, but I'd like to consider other possibilities too. Besides, I have contacts at a company that has offices in the UK, France and Germany, not in Ireland unfortunately.

1. No. You would need to become a naturalised Irish citizen first.

2. No. In another EU/EEA state you could be sponsored for a visa based upon your partner's Irish citizenship. In the United Kingdom, as Irish citizens have more rights than other EU citizens, you would have a choice of applying under the EEA rules or the UK rules. The latter way is more expensive but gives a quicker route to permanent residence (2 years vs 5 years). (http://www.ukvisas.gov.uk)

Bear in mind that to get a visa/permit based on unmarried status you would have to live together for 2 years. And that Ireland may not issue any visa on this basis.

Also, when choosing a country, consider your pathway to citizenship of that country - it's a lot easier in the UK for example, compared to Germany. Also think about whether you would lose your Argentine citizenship if you naturalise in a European country, and whether this would matter to you or not.

[idealist345]

Dear JAJ,

Thank you very much for your detailed reply.

Bear in mind that to get a visa/permit based on unmarried status you would have to live together for 2 years. And that Ireland may not issue any visa on this basis.

Yes, I read about this, that's why we plan to get married while in Japan, then do the necessary applications for the country we choose. We have some more time to mull it over, but don't wanna procrastinate too much.

Also, when choosing a country, consider your pathway to citizenship of that country - it's a lot easier in the UK for example, compared to Germany. Also think about whether you would lose your Argentine citizenship if you naturalise in a European country, and whether this would matter to you or not.

Thanks for this info and advice too. I know that I won't lose my current citizenship if I decide to naturalise in another country.

[Directive/2004/38/EC]

Bear in mind that to get a visa/permit based on unmarried status you would have to live together for 2 years.

I know of no requirement for living together for a least 2 years. You do have to have a legitimate and stable relationship with a solid documented history, and it sure helps if it has a few years behind it. If somebody applied when they have been together for only a few months, then there will be questions raised about how legitimate the relationship is. But one year together is not a knock-out.

Ireland may not issue any visa on this basis.

Ireland, and all other European countries, are required to issue visas for all of the categories of people covered by Directive/2004/38/EC. That includes gay couples who are married and living together, and gay couples who are not married and living together and heterosexual couples who are not married but live together as a family. There are a lot of options for redress open to families with an EU citizen as one of the members when a member state does not do what it is required to do.

[Christophe]

I know that I won't lose my current citizenship if I decide to naturalise in another country.

That might be true as far as Argentina is concerned, but be careful: some countries require that you renounce your original citizenship before naturalising - Denmark, for example, and there are others. The new country can't remove your Argentinian citizenship, of course, but they could make it difficult or impossible to naturalise if you won't (or can't) renounce it.

[idealist345]

That might be true as far as Argentina is concerned, but be careful: some countries require that you renounce your original citizenship before naturalising - Denmark, for example, and there are others.

... yes, like Japan where I live, for instance. I'm aware of this kind of conditions. On the other hand, I think that naturalising to a country other than your own is not something you take lightly. There are benefits but also responsibilities attached to that.

Anyway, thanks for the comment.