U.K citizen and non EU partner moving to Ireland?

[ginseng]

Hi, new to the forum.

I've only just come upon it by accident and much of what's talked about is new to me. I just want to be aware if this is a possible option for me and the process involved.

A bit about my partner and I. It's quite a complicated situation. I'm from the U.K and she's Thai. She also has a 12 year old son from her first relationship who is Autistic. We've been a couple about ten years. I have been back and forth to the U.K many times during this period, although we've been together in Thailand for a year up to now. We're trying to make things work here but I need to be aware of all options.

I applied for a long term visa for them both to live in the U.K about 7 years ago. This was refused, I appealed and won, and then this was overruled by a senior judge. They didn't believe our relationship was "akin to marriage", we were unmarried at the time, still are.
I read a while ago that the U.K rules have been toughened up even further since and even if you're married, long term visa's are not automatic as there are tough new financial requirements (that I would not meet). I read some posts on this forum where it is highlighted that a U.K national can enter Ireland with his wife (also partner?), live there for a period of time and then return to the U.K with his family. Is this correct?
If so, would I definitely need to be married? This wouldn't be a problem, we just haven't been able to do it so far for other reasons. Is there a minimum amount of funds I would have to bring with me? Would I be able to claim any benefit for me/her/child as I have paid taxes for years in the U.K? I'm confident I could find some work as I worked my butt off if the U.K before, but what would happen if I couldn't?
The other issue I can think of is my partner's son. I think I read on the Irish immigration site that a court order giving parental control would be required. From recollection when I applied (to the U.K) before we had a translated government document showing that she had sole care of the child but I don't think it was court issued. She and the child have no contact with the blood father.
Additionally, it may not be definite that I would return to the U.K. I would give Ireland a good go. I may just want to be closer to home because there are severe work restrictions in Thailand for foreigners and it would give me more of a level playing field.

Apologies for the long post but there are many 'if's' to be considered. All help and advice much appreciated.
Thanks.

[SSIrish]

Hello mate. As you are UK citizen you are also EU citizen. You can bring your partner with yourself in Republic of Ireland. Apply for Irish C visa. You will need to prove durable relationship for minimum of 2 years. Good luck.

[Conejo77]

Hi Ginseng,

Just so you are clear with the applications for your partner, there are 2 'practical' options:
1 - Defacto relationship, which is a good option (in paper) if you are not planning to get married anytime soon. The bad thing with this way is that it takes a long time to process and is a pain in the neck (casue the paperwork involved).

2 - Getting married, and this way your partner gets a Stamp 4 visa, which allows your partner to work, live and the opportunity to become an Irish citizen few years later (the best option in my opinion).

So, if you don't have any issue to marry your partner, getting married in Ireland is the way to go,... that way you can go back to UK later... anyway good luck.

Conejo

[ginseng]

Hi, thanks.

I agree, being married would be the easiest option. I learned from my previous U.K application that being unmarried makes things extremely difficult but I was not ready to marry at the time. It is pretty straightforward to marry in Thailand and I imagine it would make things a lot smoother arriving with your wife.

Once you get the visa approved that you suggest, is it really as easy as just booking a flight to Ireland or could you be refused entry at the airport for some reason. I just want to make sure that this will all work out if I decide to go ahead after what I've been through the last ten years.

I'm still concerned about my partner's son though. I would still appreciate any other replies on this or any other issue I have outlined.

Thanks.

[chaoclive]

Can't you legally adopt him after you get married? I'm sure that must be an option. In that case he would be dependent on you as he is still a minor. Just apply for the visa for him under the EEA regulations the same as your wife (to be).

I would contact the Irish Embassy to see what they want re: documents. In theory, they 'have' to issue the visa on receipt of: your 2 passports, your marriage certificate, a letter stating that you will be traveling to Ireland together and a completed application form (of course, you would need to be able to produce an adoption certificate for your partner's son).

Normally there won't be problems at the airport if your wife is entering with you as a British citizen. Make sure you have you wedding certificate. They will normally give you 3 months entry clearance at the border, but some stingy officials only give one month. Don't worry, this should be enough to do all you have to do.

See this for some more info: http://britishexpats.com/forum/showthre ... p=11286515. This is the experience of a British citizen who wanted to take her husband back to the UK after working in Ireland.

You might stay in Ireland and get your wife an Irish passport. That would be a decent idea, but will take 5 years and you will have to be exercising your treaty rights (i.e. working/self-employed for all that time). In Ireland things are a little more complex than the UK, i.e. with regard to going to the GNIB (Immigration Bureau) and the forms have different names (e.g. EU1) but you will be able to find a lot of info on this forum and on www.britishexpats.com.

Hope this helps a bit.

You will need to learn how to search for info on Google. The process is a little complex but it's all available online.