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Using my EU rights in Ireland?

Forum to discuss all things Blarney | Ireland immigration

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porkpie
Newly Registered
Posts: 19
Joined: Mon Jul 28, 2008 8:30 pm

Using my EU rights in Ireland?

Post by porkpie » Mon Jul 28, 2008 8:58 pm

Hi All,

Silly question. It's looking like i'm going to have to do a Surinder Singh :roll: I'm looking at moving over to Ireland to do some work. So i'm of the mindset that, well, sod it, time for a fresh start. I'm an English/British passport holder.

Once i'm set up and running, and exercising my EU rights, i'd like my now unmarried partner to join me. She's a non-EEA national from an african country that requires a visa to enter ireland. Immigration history will more than likely be an issue for re-entry to the UK. There is of course the possibility of getting hitched in Africa before applying.

Will we have the same issues with an application for her to join me in Ireland? I'm not sure if I would be bringing her over under EU laws, or Irish immigration laws....?

From what I can tell, EU laws basically say unless there is a matter of 'public policy' (?) and the possibility of her representing some form of danger to society that an application should be refused.

Could anyone offer some thoughts?

Thanks,
PPie[/u]

knapps
Member of Standing
Posts: 436
Joined: Sat Jul 05, 2008 8:57 am
Location: cork

Post by knapps » Mon Jul 28, 2008 9:05 pm

hey there, you can apply for her visa while coming to Ireland once enter get her registered with GNIB and after three months fill form EU1 as there is no requirement since 25.07.08 of any lawful residency in EU she should be fine

porkpie
Newly Registered
Posts: 19
Joined: Mon Jul 28, 2008 8:30 pm

Post by porkpie » Mon Jul 28, 2008 9:50 pm

Joking aside, good job really!

Thanks,
PPie

sakura
Diamond Member
Posts: 1789
Joined: Sun Feb 25, 2007 9:29 pm
Location: UK

Post by sakura » Tue Jul 29, 2008 9:19 am

Are you applying as unmarried partners? If so, I'm not sure how Ireland would treat unmarried partners under EU law - the Directive only mentions people in a "durable relationship" - it doesn't say anything about how long you have to be together or whether you should have lived together. "Durable relationship" could really be anything - e.g. a couple living together or a couple who have been together for five years but who live in two different cities/countries could both be considered as having a 'durable' relationship.

And, since Ireland seems to like interpreting thing their own way, it's probably better to marry and then apply.

porkpie
Newly Registered
Posts: 19
Joined: Mon Jul 28, 2008 8:30 pm

Post by porkpie » Tue Jul 29, 2008 10:13 am

Hi sakura thanks for your reply.

They're quite atypically poor at it from what I have read elsewhere, it's a cultural thing (I can understand it in that perspective).

I've had a chat with a few imm. people over in Ireland not many people seem to know about Friday's ECJ ruling yet; some suggested that i'd applying for her to join me under Irish law, but I guess that's becuase i'm still here in England at the moment.

I think that getting married before applying is probably a sound bit of advice. Then it's just a question of immigration history, or is it? Having looked at some other countries (Holland) the visa questions are totally different to the Irish ones. Seems a bit odd, but I guess that's how they do things in them there parts.

Thanks,
PPie

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