If you are married to an Irish citizen who has been working (or otherwise exercising treaty rights) in another EU state, and you want to move back to Ireland, then you have a choice.
You can apply for a visa under normal Irish law for a residence permit for your spouse, though this likely costs quite a bit and it is unclear what rights you have to work and travel in the first couple of year.
Or you can apply for a visa under EU law, which applies in this case because the EU citizen has been exercising treaty rights and is now returning "home". See
http://eumovement.wordpress.com/2007/04 ... ional-law/ for details of why you can use EU law. EU law has the benefit of being free, clearly defined rights (at least in this case), and the non-EU spouse can work immediately and travel if desired.
The requirements for the visa are very straight forward. See
http://www.inis.gov.ie/en/INIS/Pages/WP07000228 for the documentation an EU citizen needs to provide, to which you will have to add a little bit.
As spouse of an Irish citizen who has been exercising treaty rights in another EU country, you will also need to provide:
(1) evidence that the Irish citizen has been exercising treaty rights while in the other member state, e.g. one recent pay slip or a letter from an employer, or letter from the school
(2) A letter to the embassy that is very clear and direct. The letter needs to say:
-- that you are the spouse of an Irish citizen who has been exercising European Treaty Rights while working in the UK
-- Your spouse plans to continue exercising their treaty rights when they return to Ireland by working or studying (you do not need to already have a job or study space)
-- Because of the decision in Surinder Singh (Case C-370/90 The Queen v Immigration Appeal Tribunal et Surinder Singh, ex parte Secretary of State for Home Department) you are applying on the basis of EU law and under the framework of Directive 2004/38/EC
-- In accordance with the embassy's obligations under Directive 2004/38/EC, you expect the visa to be issued as soon as possible, on the basis of an accelerated process, and at no cost.
The information the Irish provide on their web sites and by telephone is very poor. Calling the expensive 0900 number will not get you any better information. Send the application form, letter and supporting documentation to the embassy. Let them sort it out and let you know if they want more information. You will hear back from them in a few days.
Just fill out the application form (I would use the standard VA1), leaving Q22 and Q23 blank if you do not want to answer them (they are not relevant in this case) and very clearly indicate the reason is "to live and work in Ireland with my Irish husband who has been exercising EU treaty rights".
In my experience, they ask for additional information, but you can usually tell them it is not needed under European law and then they stop asking (specifically bank statements are not needed).
In each and every communication with them, clearly state that that the application is made on the basis of EU law and refer to "Surinder Singh" (which they will know of) and Directive 2004/38/EC.
Always photocopy every page of everything you send to them. Do you application by post so you have it all in writing. Send you application by special delivery and include a pre-addressed pre-paid special delivery envelope for return of documents. Do not bother applying in person - you will waste your time and, in my experience, the person dealing with it will either incorrectly refuse to accept the application or give you bad information.
everytime I mention these treaty rights here people look at me and have no idea what Im talking about....I do not mind waiting as 6 months does not seem that bad considering some of the people I have met have been waiting years!!!
