Returning to Ireland

[charmender]

Hello,

I am an Irish citizen planning to return to Ireland with my non Eu spouse this summer. We both live in Malta now and have a residency card for Malta. I am planning to return to Ireland under the EU Directive 2004/38. We recently went to Ireland for a short break and I was relieved at how easy immigration was, for the first time they never asked him any questions because he had his Maltese residency card. Now that we are actually moving, I feel pretty much informed about most of it and I am always reading posts on the forum to keep up to date but I have some questions.

My husband will have to register with the Garda. On their website it allows you to book an appointment 10 weeks before. I am wondering if I book this appointment while we are still in Malta would that be an issue when we arrive for the appointment in Dublin?

In relation to some practicalities. We both want to work as soon as possible. In fact both of us seem to have good job opportunities but my question is will companies hire my husband before he gets the permanent stamp 4. I know that legally he should be treated equally with the temporary stamp 4 but does anyone have any experience of this in reality?

It is stressful thinking that we may have to wait 12 months or more to actually get the residency card. It just took us 2 months here in Malta! Does it really make a difference if you go through a solicitor and how much approximately would it cost?

Finally while my husband has a temporary stamp 4 can he travel?

Thanks in advance for any assistance.

[charmender]

Anybody with any advice?

[seancool]

He can apply stamp 4 either through your marriage/civil partner or de-factor relationship, since you are Irish, and you are returing to your home country, so EU directive doesnt apply to his case.

And most of HR they are quite lenient regarding the visa as long as you guys can assure that the visa will get renewed in time.

It took me like half a year to get my stamp 4 EU FAM, nowadays, it seems taking longer. I think solicitor fees costing around 500-800 euros, you can totally do it on your own, it is easy than you think, if your case is straight forward, I think it is not worth to spend so much money on a solicitor.

He can still travel with temporary stamp 4, not sure if he needs a return visa.

I m not professional just providing some knowledge based on my experience and research, hope helps a bit.

[HappyKai]

Hi, I think you can apply under the EU Directive for Freedom of Movement, using the Surinder Singh route. I’m not sure if the application forms are different, but spouses of EU citizens use the EU1 form, partners use the EU1A form. You can email INIS using the rut realty rights email and ask. Under the Surinder Singh ruling, if you return to your EU country of origin after living in another EU country, your spouse/partner can apply for a residence card under the EU directive.

He will get a temporary Stamp 4 while the application is processed. Based on my knowledge, employers accept this as long as he gets his Stamp 4 EUFAM before the Stamp 4 expires. He can start working as soon as he gets the Stamp 4. It takes about 8-10 months to get the Stamp 4 EUFAM.

Hope this helps.