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Tourist Visa to EEA Family permit

Forum to discuss all things Blarney | Ireland immigration

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dani_b
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Tourist Visa to EEA Family permit

Post by dani_b » Wed Mar 16, 2011 6:44 pm

I am a duel citizen of the US/UK and I have been living with my boyfriend for almost two years now. I am planning on moving back to the UK and I would like my boyfriend to come with me. I felt that the easiest way to do this would be for me to apply for an EEA permit. However, I stumbled upon some road blocks because I found out I would not be able to apply for a EEA permit for England because I am English. So, would it be possible for me and my boyfriend to go to London and apply for a EEA permit for Ireland? Since I am not Irish I should be able to use my rights as a EU citizen right? He is an American citizen so he will automatically get 6months on a tourist visa but am I allowed to file for a EEA permit in London so that we could move to Ireland then move back to the UK?

P.S. I we are still in the U.S. I thought about applying while we were her but I don't even know if that is allow or possible because we are working against time. I also understand that I need to show proof of our relationship if I file for a EEA extented family permit. I have bills in our name, an apartment lease, and checks of his that I have deposited in my bank account because he doesn't have one. He is a server and he doesn't make much money. All of his money is raw cash that he makes in tips. I bring in most of the income so without me he wouldn't be able to pay the bills let alone rent, so he really is dependent on me.

John
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Post by John » Wed Mar 16, 2011 6:51 pm

I have been living with my boyfriend for almost two years now.
After the two of you have lived together for at least two years .... and not a day less(!) .... why doesn't he apply for an Unmarried Partner visa? That would give him the right to move to the UK and live with you, and indeed work in the UK.

But if the two of you really do want to live and work in Ireland, the first point to make is that it is only the UK that has invented the EEA Family Permit. I am not sure what the Irish call their equivalent, but whatever it is called, I suspect the application will need to be made at the Irish Embassy in the USA.
John

dani_b
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Post by dani_b » Wed Mar 16, 2011 8:20 pm

Well, we thought about the unmarried visa but it is expensive and take about 3months. We are working against time and we really dont have money to spend on a unmarried visa. I believe it take up to 12months in Ireland for an umarried visa but I didnt see anything about having to apply outside of Ireland.

John
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Post by John » Wed Mar 16, 2011 9:03 pm

I have moved this topic here, because some readers of this section of the board are very knowledgeable about Irish-related matters.

So the two of you are unmarried, but have lived together for nearly 2 years. Anyone here know about the attitude of the Irish Government to the issue of a Residence Card in this circumstance?
John

daddy
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think about this

Post by daddy » Wed Mar 16, 2011 11:32 pm

I think that US nationals have visa free to Ireland for up to 90 days, when your boy friend is here with you, then you may apply for residence card.

As you are not married, it may be more difficult to get approved, so you may als consider getting married before coming down here as you both are in a true relationship, that will strengthen his application and give him more rights. Getting married in Ireland will take you several months and by then his 90 days may have expired and that would cause some little probs during the process of his residence card ie if you start excercising your right here.

Good luck.

sideshowsue
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Post by sideshowsue » Thu Mar 17, 2011 9:18 am

But are you planning on working or studying in Ireland? It seems like your plan consists of arriving in Ireland, applying for a permit for your partner and then immediately heading over to the UK. Your timeframe seems to be a matter of days or weeks and not months.

It is also important to bear in mind that the obtention of an EEA permit in Ireland is contingent upon your either working, studying or being otherwise totally financially self-sufficient. The process takes approximately 6 months to obtain the permit.

The relevant information is here: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

dani_b
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Post by dani_b » Thu Mar 17, 2011 6:04 pm

Thanks for the info Daddy, I was unsure of the residence card but I can look in to it some more. Sideshowsue, I am aware that I cant just go to Ireland, do all this stuff, and just move back to London within a few weeks. I am going to invest time in Ireland or else my ultimate goal will not work. I was going to try get a job before arriving in Ireland if not I'll have to look for one there. I am already in Uni but its online. The processing times I've seen for EEA permits havent been 6months long. They usually seem quite fast, everything else I have looked in to has been three months or longer. Unlike England's EEA family permit, Ireland doesnt seem to cover unmarried couples. I assumed they did but the more I look at everything it seems they only allow, spouse's, same-sex partners and family members. So, I can look into the resident card and maybe one or two other things. On the immigration web site it does state that if you wish to extend your stay you will have to get permission from the Minister for Justice and Law Reform. I'm just trying my best to find the easiest way to go about all of this. It might also be possible for us to take a trip to london then go back to Ireland so that his visa is renewed but then we have to get a re-entry visa.

p.s. thank for moving my post John

malikscompany
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Re: Tourist Visa to EEA Family permit

Post by malikscompany » Wed Mar 30, 2011 10:57 pm

dani_b wrote:I am a duel citizen of the US/UK and I have been living with my boyfriend for almost two years now. I am planning on moving back to the UK and I would like my boyfriend to come with me. I felt that the easiest way to do this would be for me to apply for an EEA permit. However, I stumbled upon some road blocks because I found out I would not be able to apply for a EEA permit for England because I am English. So, would it be possible for me and my boyfriend to go to London and apply for a EEA permit for Ireland? Since I am not Irish I should be able to use my rights as a EU citizen right? He is an American citizen so he will automatically get 6months on a tourist visa but am I allowed to file for a EEA permit in London so that we could move to Ireland then move back to the UK?

P.S. I we are still in the U.S. I thought about applying while we were her but I don't even know if that is allow or possible because we are working against time. I also understand that I need to show proof of our relationship if I file for a EEA extented family permit. I have bills in our name, an apartment lease, and checks of his that I have deposited in my bank account because he doesn't have one. He is a server and he doesn't make much money. All of his money is raw cash that he makes in tips. I bring in most of the income so without me he wouldn't be able to pay the bills let alone rent, so he really is dependent on me.
if you are British national you can marry him in Ireland and then apply for family visa for him in ireland. in order to do this you have to be working, studying or should be able to maintain yourself without public funds.

If he is USA citizen then I dont think he needs visa to come to Ireland

dani_b
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Post by dani_b » Tue Apr 12, 2011 6:08 am

Even though I love my boyfriend I dont think we are quite ready to get married. I know he is good in terms of a visa (at least for 6months). So I hope that in that time frame we will be able to get a resident card for him.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Wed Apr 13, 2011 7:26 pm

What citizenship does the non-EU partner have? Do you already have your British passport?

Since you are not married, you will need to have a lot of documentary evidence that you have been living together in a common-law relationship for a while. Joint bills, joint bank statements, joint leases, etc... The burden of proof is higher. 2 years together is a good rule of thumb.

You could move to any EU country. Working is the best thing to do. Ireland may be harder since there are more people unemployed. Germany seems to be doing well, and I suspect the Netherlands may be also doing well.

As soon as you (UK citizen) are working, your boyfriend can apply for a Residence Card.

dani_b
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Post by dani_b » Wed Apr 27, 2011 8:19 pm

Directive/2004/38/EC wrote:What citizenship does the non-EU partner have? Do you already have your British passport?

Since you are not married, you will need to have a lot of documentary evidence that you have been living together in a common-law relationship for a while. Joint bills, joint bank statements, joint leases, etc... The burden of proof is higher. 2 years together is a good rule of thumb.

You could move to any EU country. Working is the best thing to do. Ireland may be harder since there are more people unemployed. Germany seems to be doing well, and I suspect the Netherlands may be also doing well.

As soon as you (UK citizen) are working, your boyfriend can apply for a Residence Card.

My boyfriend is American and I am a duel citizen of the UK/U.S. The only thing we really don't have is a joint bank account because my boyfriend doesn't do well with bank accounts. I just put his checks in my account and he saves his money. We have been together for two years. We have joint bills and a lease together. I thought that my boyfriend could apply for the residence card as long as I was looking for work, had a job, or was a student.

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