::Non-EU&British National - Moving to IE Confusion::

[Tissaraq]

Hello all,
Me, (American Citizen) and my fiance, (British National) have been looking into marrying in the US and then moving over to Ireland to be together. Due to the financial requirements in the UK we are unable to move there, but would still like to be close to his ailing parents - Looking into sponsoring his American father to come live with us also.[His father has resided in Britain since 1988 due to military - After retirement he can no longer stay in UK for longer than 6 months at a time. We are hoping to help him live out his retirement with us. Is this possible?]
What has been most confusing to us is how this can all happen, for we keep seeing different answers, and the IE website is very confusing to figure out what is needed to be done for our circumstance.

A note is that we are not considering to do the Surinder Singh route, [which has now been closed anyway? =/] we mainly would like to live in Ireland and only visit the UK if need be.

Main questions:
Will my British SO still be able to move to Ireland without visas, and bring me with him? Or will we have to wait a certain amount of time before being able to move in together?

What visas would I have to apply for to be with him in Ireland? And Is there any financial requirements to do this since he will be unemployed upon coming into Ireland?

Thank you all.

[noajthan]

BCs and Americans dont need visas to enter Eire.

You can travel together or sponsor can go ahead - its your call; yes EU free movement is that free and easy.

You have a 3 month grace period under EU law before sponsor needs to be exercising treaty rights.

[statelessBOC]

Hi,

I am not an expert at all..... but here is what just happened to me.

Me, non EEA national and my spouse British citizen. A bit complicated my case... I am a UK national but NOT A CITIZEN. I hold a British Overseas Citizen passport and stateless as I do not have citizenship in any other country.

We arrived in Ireland together in March 28 this year. I did not apply for any visa to enter Ireland as I am a non visa national. Immigration officer at Dublin port did not stamp my passport as he say it is British passport. EU1 submitted 23 June, received by INIS 24 June. Acknowledgement letter received 22 July together with letter to get registered at local garda station.

Went today but the lady said she cannot register me as I do not have any visa and no stamp on my passport, so she don't know the exact date I arrived in Ireland. I told her I have kept my ferry tickets. She say to bring that and a proof of address (utility bill).

Not sure if me supposedly not having the appropriate visa will result in my application being refused? And if the lady at the local garda (not sure if she is an actual garda or immigration official) can refuse to register me the next time i go back with my ferry ticket and utility bill?

So, perhaps to be on the safe side.... get your spouse the right visa before travelling to Ireland.


Ps: i'm really, really worried now tbh

[Ramayan]

Dear statelessBOC

You don't have anything to worry. There are many who come to Ireland from the UK via Ferry without any stamps on their passports and they have no trouble receiving Stamp 4. So please don't worry.

Next time when you go to get Stamp 4 (if you haven't already) and they ask for a no entry stamp in your passport then please ask to speak to their manager as their manager will definitely know that not having an entry stamp in the passport in not a requirement under eu treaty rights.

Good Luck.

[statelessBOC]

Thank you Ramayan.

We did actually went in again Tuesday just gone with our utility bill and ferry boarding pass. They did ask a few questions which i thought is not relevant (my opinion) likeif we have any children, my professio n and qualifications, and if I qualify for a full British passport and how long it will take to get one.

So they finally registered me after taking my pic and fingerprints and said that my card will be ready for collection in 2 week's time. I was feeling quite nervous to say the least. Now I can't wait to get my Temp Stamp 4 so I can start working again. Hubby's wages alone aren't quite enough as everything is so damn expensive here !!!

Thank you again for your reassurances x

[Tissaraq]

Very interesting to read your story statelessBOC! I'm glad everything finally started to work out for you.... Besides the very high prices in IE! [The one thing that I'm trying to prepare for.]

---Sorry for asking more questions, but so far this is what i'm still concerned about.

I now understand that I can just get on a plane with my SO and arrive in IE together to start our new lives, and I figure it would be safe to book a return to the US for three months after arrival date? [ex. I leave for Dublin on March 1st, and have the return for June 1st or a little before. I'll explain this below.] I keep reading up that one way tickets on certain airlines triggers the airline to deny you board.

I understand that my SO alone has to exercise his treaty rights within the 3 month grace period, and find work, so I can apply for a RC. But, what will happen if that 3 months is up and he has still not been able to settle employment? (Worst scenario here) Would I have to exit IE and re-enter? Could this be done by going back to the UK to be with his family for a week or so, and go back again, and just not returning to the US on my original return?

Im also slightly confused on what I need to do in order to receive my Stamp 4, I just go to the Garda Station with my RC and other paperwork stating ill be staying longer that 3 months? But it seems like its almost impossible that ill receive an answer, or the stamp, within my first initial 3 months... Would I have to apply for an extension to stay in IE?

Me and my SO are just currently very flustered, I'm sure everyone who has had to make this decision was too at first. We do know this will take time and alot of money, we know we will have to pull a hail Mary and get a temp place to live be it a hotel, hostel, holiday home, until we can find a residence and get all the paperwork going. We are also aware of the high unemployment, but we are ready to take everything head on and do whatever we can. Won't know until we try.

[Obie]

I am really shocked that you were given a permit.

As a British Overseas citizen you are not a union citizen and therefore EU law is not applicable to you, as it only applies to United Kingdom Nationals.

I am lost as to the basis for which stamp 4 was even given.
https://www.gov.uk/types-of-british-nat ... as-citizen

[noajthan]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

[CR001]

To avoid confusion & jumbled responses, I have moved your question to its own thread (this one).

@noajthan - I have merged it back to this thread as user Tissaraq was the OP in this thread originally and statelessBOC was posting his experience.