starting off

[eyeitch]

Hi folks...just want to know if my American wife can come to Ireland and meet up with me here.or do we have to arrive together...thanks

[357mag]

As an American I believe she can go to Ireland as a tourist without a visa.
What your nationality?
Are you doing EU treaty rights as an EEA citizen or are you Irish and seeking reunification there?

Ah checked your previous threads and see you are UK citizen doing a surinder Singh.

Yep its ok she can enter Ireland as a visitor and you can start from there, good luck.

[eyeitch]

Thanks mate. I just want to exercise my treaty rights.. the only thing that bothered me was do we need to arrive together?.. in a nutshell . We went to Ireland before .but stayed for 45 days due to not working. We sailed over to scotland and my wife and kids have been asked to leave . So.if she is put on a plane to USA can she fly back in to Ireland with the kids and exercise her treaty rights with me....cheers

[357mag]

Argh you messed up.
Normally you would be there first and she would "join" or she would come with you "accompany", but an American can travel without visa so you should be ok to join her in Ireland.
In a nutshell you dont need to arrive together.

Now the messed up bit, Ireland are likely to say you are only going there as a way to get into the UK, by going to Scotland will be their proof. Thats grounds to refuse a visa, it shouldn't hurt a treaty rights case but she might be refused entry.

[eyeitch]

As far as I have seen as my spouse she could be refused entry if she were a threat to public policy, public health or safety. I've emailed garda and eu treaty ddivision of immigration and both have given generic answers. None have said they would refuse entry, they have said it's up to the person at the border. I'm waiting on a response back from eu as well. So what I'm asking is.can they turn us away and how could they? Also we all have pps numbers and bank accounts in Ireland...thanks for your time

[mgb]

Who should refuse entry?
If she take the ferry from Scotland to Belfast there is no border control. If she take the train from Belfast to Dublin there is still no border control.
If she take a airplane to Dublin and a officer ask questions she present the marriage certificate and tell the officer her husband is waiting at the airport.
So where is the problem?

[eyeitch]

I am just unsure. UK immigration wants us to submit a letter or statement from ROI saying she won't be refused entry or they will only give her passport back as she leaves UK. They also told us that me being eu only applies to me but doesnt cover her as my spouse. We would rather leave from here together and enter roi rather than her go back to the states. Can the UK do that?

[mgb]

Did you ask solvit for help?
Forcing the spouse of a eu citizen to leave the whole EU/EEA cannot be legit.
Btw are the kids british?

[eyeitch]

Yes I did thanks...UK immigration have my wife's passport and want her to go back to the states incase she tries to get back to UK.so we had to apply to home office for right to family life just to give us a bit of time.So while we wait it out.we can prepare for Ireland.we r just worried that when we ask for passports back.they say no and send my wife back to USA

[mgb]

The uk immigration cannot withdraw the right of free movement inside the eu/eea area from a family member of a eu citizen.