American BF Estonian GF, Dual citizenship child

[tallinntodublin]

Hi folks,

Would appreciate help from knowledgeable people on this forum. I am an American who has been residing in Estonia for close to 5 years now. My girlfriend is an Estonian (EU citizen). We have been in relationship roughly the same length of time i.e. close to 5 years, and have a 3 year old child together. The child consequently holds dual citizenship, i.e. Estonian (EU) citizen by birth, and American because of having been born to an American father , and has both passports.

The three of us intend to relocate to Ireland. I and my girlfriend have never had a joint bank account. Child's birth records and passports are one means for us to show having had a relationship which exceeds the 2 year requirement (from what I understand), and the other means would be some of our Irish friends who have known us as a family for years, have visited us many times in Estonia, and would be willing to attest to such in writing should Irish immigration find it useful.

Here are my questions, and I would much appreciate advice.

1) Would the above be enough to help Irish immigration ascertain the validity/acceptability of our relationship, with reference to allowing me (the non EEA national) to reside and work in Ireland as the partner of EU citizen?

2) Is it necessary that the 3 of us arrive together? Though both myself and her intend to take up residence and work in Ireland, we'd prefer that I get there first, arrange for work and accomodation etc, for her and our child to come later when I have a place for them to stay. Is it OK to do? If not, and if this prevents me from applying for residence and permission to work in Ireland, is it possible for her to visit Ireland with me to just register a residence and intent to work, and then return to Estonia, to then come back to Ireland a month or two later for settling down for good?

3) Is it lawful for me to enter Ireland as a visitor at first even though I intend to reside permanently? i.e. do I need to declare my intent of applying for permission to reside and work, at the airport when going through immigration?

Thanks much for your help in advance.

[Ben]

Hi tallinntodublin.

1) Would the above be enough to help Irish immigration ascertain the validity/acceptability of our relationship, with reference to allowing me (the non EEA national) to reside and work in Ireland as the partner of EU citizen?

Yes it would.

2) Is it necessary that the 3 of us arrive together? Though both myself and her intend to take up residence and work in Ireland, we'd prefer that I get there first, arrange for work and accomodation etc, for her and our child to come later when I have a place for them to stay. Is it OK to do? If not, and if this prevents me from applying for residence and permission to work in Ireland, is it possible for her to visit Ireland with me to just register a residence and intent to work, and then return to Estonia, to then come back to Ireland a month or two later for settling down for good?

Either your partner has to enter first, or together with you.

3) Is it lawful for me to enter Ireland as a visitor at first even though I intend to reside permanently? i.e. do I need to declare my intent of applying for permission to reside and work, at the airport when going through immigration?

It is lawful to enter as a visitor and subsequently reside permanently as the family member of an EEA national.

Practically speaking and going by your situation, you may wish to enter alone initially, find accommodation, work etc. As a US citizen, you don't need a visa to enter Ireland as a visitor. However, in this case, you would not be entering Ireland in accordance with EC law. This means that Ireland is entitled to require that you have a return ticket, sufficient funds, plus if they get wind that you intend to find accommodation and work they are entitled to say that you're not a visitor, and refuse you entry.

This is the reason why I recommend that you enter Ireland only in the company of, or to join, your partner.

[tallinntodublin]

Hi tallinntodublin.

1) Would the above be enough to help Irish immigration ascertain the validity/acceptability of our relationship, with reference to allowing me (the non EEA national) to reside and work in Ireland as the partner of EU citizen?

Yes it would.

2) Is it necessary that the 3 of us arrive together? Though both myself and her intend to take up residence and work in Ireland, we'd prefer that I get there first, arrange for work and accomodation etc, for her and our child to come later when I have a place for them to stay. Is it OK to do? If not, and if this prevents me from applying for residence and permission to work in Ireland, is it possible for her to visit Ireland with me to just register a residence and intent to work, and then return to Estonia, to then come back to Ireland a month or two later for settling down for good?

Either your partner has to enter first, or together with you.

3) Is it lawful for me to enter Ireland as a visitor at first even though I intend to reside permanently? i.e. do I need to declare my intent of applying for permission to reside and work, at the airport when going through immigration?

It is lawful to enter as a visitor and subsequently reside permanently as the family member of an EEA national.

Practically speaking and going by your situation, you may wish to enter alone initially, find accommodation, work etc. As a US citizen, you don't need a visa to enter Ireland as a visitor. However, in this case, you would not be entering Ireland in accordance with EC law. This means that Ireland is entitled to require that you have a return ticket, sufficient funds, plus if they get wind that you intend to find accommodation and work they are entitled to say that you're not a visitor, and refuse you entry.

This is the reason why I recommend that you enter Ireland only in the company of, or to join, your partner.

Thanks Benifa. I sincerely appreciate your help. However, this raises more questions in my mind that I can use your help with if you have time.

1) Does our daughter need to accompany us when we come there for the first time? Or can we just bring her birth records and passports to present to the immigration as evidence of our relationship?

2) If my girlfriend accompanies me, can she return after we have filed the application? and then come back to Ireland in a bit? Or does she have to be physically present in Ireland throughout the entire course of time it would take for a decision by immigration?

3) How long should we shoot for in terms of time that she must stay there to complete the application process for me before she can leave for a couple months?

4) If we arrive together, is it then OK for us to declare to airport immigration, our intent of taking up residence and work? Do we still need to bring with us return tickets, and evidence of finances?

Thanks in advance.