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tranfer EU treaty rights to Ireland for non EU

Forum to discuss all things Blarney | Ireland immigration

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jpedraza
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tranfer EU treaty rights to Ireland for non EU

Post by jpedraza » Tue May 31, 2016 11:58 am

Hi all, I married an Irish man in uk in 2012, there i got a residence card permit of an EEA national valid until 2017, can i transfer that document to ireland? If so would it be for the remaining time left or would it be for 5 years?

noajthan
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Location: UK

Re: tranfer EU treaty rights to Ireland for non EU

Post by noajthan » Tue May 31, 2016 12:28 pm

jpedraza wrote:Hi all, I married an Irish man in uk in 2012, there i got a residence card permit of an EEA national valid until 2017, can i transfer that document to ireland? If so would it be for the remaining time left or would it be for 5 years?
No you cannot do that.

UK issues domestic RCs.
Eire issues its own domestic RCs

They are not transferable. If you go to Eire your clock starts again.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

jpedraza
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Joined: Tue May 31, 2016 11:42 am

Re: trasnfer EU treaty rights to Ireland for non EU

Post by jpedraza » Tue May 31, 2016 4:42 pm

Thanks, i just arrived yesterday and the immigration officer in the airport told me to do that instead of going to the garda to register for a stamp 4 bcz it needs to be renewed every year. He said that i can transfer my treaty rights from uk to ireland as a non EEA national spouse of an Irish citizen. Would it be better to go to the garda or shall we apply to transfer the EU treaty rights.

noajthan
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Posts: 14911
Joined: Sat Oct 25, 2014 12:31 pm
Location: UK

Re: trasnfer EU treaty rights to Ireland for non EU

Post by noajthan » Tue May 31, 2016 4:57 pm

jpedraza wrote:Thanks, i just arrived yesterday and the immigration officer in the airport told me to do that instead of going to the garda to register for a stamp 4 bcz it needs to be renewed every year. He said that i can transfer my treaty rights from uk to ireland as a non EEA national spouse of an Irish citizen. Would it be better to go to the garda or shall we apply to transfer the EU treaty rights.
I think you have misunderstood whoever it was who spoke to you.

It makes no sense to "transfer EU treaty rights".
Whatever rights you and sponsor accumulated from UK (such as a residence card or time towards acquiring PR in UK) are not transferable into Ireland.

The only treaty rights you have in a Union state are as dependent of your EEA sponsor.
That is assuming your Irish sponsor can exercise EEA rights as an Irish citizen in Eire.
Have you recently taken the Surinder Singh route and just returned to the country?

If so you will now have to comply with the Eire-issued EEA-related documentation and follow their processes.
You don't have any time saved up from UK that you can use in Eire. The clock starts from zero.
All that is gold does not glitter; Not all those who wander are lost. E&OE.

a.s.b.o
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Joined: Mon Nov 14, 2011 6:00 pm

Re: trasnfer EU treaty rights to Ireland for non EU

Post by a.s.b.o » Thu Jun 09, 2016 3:34 pm

noajthan wrote: The only treaty rights you have in a Union state are as dependent of your EEA sponsor.
That is assuming your Irish sponsor can exercise EEA rights as an Irish citizen in Eire
can you please tell me if Ireland treats their citizens as EEA citizens from 'day 1' (as Spain), or one needs to exercise treaty rights in another EEA state before returning to Ireland in order to be treated as an EEA (as opposed to a 'domestic-Irish') citizen? i hope I make remote sense )

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