Refusal of spouse?

craftynick · Post by **craftynick** » Sun Sep 21, 2008 6:49 pm

Hi. I am an Irish citizen and am marrying my Nigerian boyfriend in february. At the moment we live together in Spain but after we get married we would like to move to Ireland as it is very difficly to get work here now. As an Irish citizen would my (then) husband be allowed to live in Ireland automatically - we have been together 2 years here so can prove our relationship - or is there a possibility that he oucld be refused??

As i am from Northern Ireland it is also possible for me to get a British passport, would it be easier this way?

MAKUSA · Post by **MAKUSA** » Sun Sep 21, 2008 8:30 pm

Were u working, schooling in Spain, if yes then you cannot be classified as Irish or British (if you are from Northern Ireland), you qualify as an European citizen and you can bring your spouse to Ireland under Directive 2004/38/EC if you have been in a relationship (2 years minimum with proof).

craftynick · Post by **craftynick** » Mon Sep 22, 2008 2:09 pm

Thanks. Yes both of us have been working here in Spain for the last 2 years. What exactly do we need to show as proof. We dont have anything in both our names as we havent been living together for most of the time, and even when we have it has only been in a room in a shared appartment so we dont have tenancy agreements or bills addressed to us

MAKUSA · Post by **MAKUSA** » Mon Sep 22, 2008 2:24 pm

craftynick wrote:Thanks. Yes both of us have been working here in Spain for the last 2 years. What exactly do we need to show as proof. We dont have anything in both our names as we havent been living together for most of the time, and even when we have it has only been in a room in a shared appartment so we dont have tenancy agreements or bills addressed to us

It might be advisable to get married in Spain (much more easier that way), because to qualify as partners, you definetly need proof of cohabhiting (proof of address for both of you from the same address) but since you have been working in Spain, it means that you are a European citizen because you have exercised your rights. Basically you wont qualify as partners because you have no proof of living together for the past two years.

MAKUSA · Post by **MAKUSA** » Mon Sep 22, 2008 2:26 pm

craftynick wrote:Thanks. Yes both of us have been working here in Spain for the last 2 years. What exactly do we need to show as proof. We dont have anything in both our names as we havent been living together for most of the time, and even when we have it has only been in a room in a shared appartment so we dont have tenancy agreements or bills addressed to us

You can then come to ireland on European Directive 2004/38/EC as a married couple (much straightforward way).

craftynick · Post by **craftynick** » Mon Sep 22, 2008 2:32 pm

First-Class Moron wrote: It might be advisable to get married in Spain (much more easier that way), because to qualify as partners, you definetly need proof of cohabhiting (proof of address for both of you from the same address) but since you have been working in Spain, it means that you are a European citizen because you have exercised your rights. Basically you wont qualify as partners because you have no proof of living together for the past two years.

Were actually getting married in Scotland in Feb 2009 so he will be my husband by the time we move to Ireland - will this make it much simpler & can they still refuse him? I find it all really confusing that just because i have been living away from Ireland for 2 years i am now classed as European and not Irish!!!

MAKUSA · Post by **MAKUSA** » Mon Sep 22, 2008 3:24 pm

craftynick wrote:
First-Class Moron wrote: It might be advisable to get married in Spain (much more easier that way), because to qualify as partners, you definetly need proof of cohabhiting (proof of address for both of you from the same address) but since you have been working in Spain, it means that you are a European citizen because you have exercised your rights. Basically you wont qualify as partners because you have no proof of living together for the past two years.
Were actually getting married in Scotland in Feb 2009 so he will be my husband by the time we move to Ireland - will this make it much simpler & can they still refuse him? I find it all really confusing that just because i have been living away from Ireland for 2 years i am now classed as European and not Irish!!!

No, you are still Irish but what i am saying is that, if you decide to go into Ireland with your spouse ( you qualify as a European citizen because you have lived and worked within the EU- Spain or you can also go based on the local laws) basically if you apply as an Irish citizen, your case would be dealt with based on Irish law but if you applied as an EU citizen, you might find that you are better protected. Try googling "Directive 2004/38/EC. basically if i was your lawyer, i would advice you to apply as an EU citizen who has exercised their rights by working in Spain.

MAKUSA · Post by **MAKUSA** » Mon Sep 22, 2008 3:27 pm

First-Class Moron wrote:
craftynick wrote:
First-Class Moron wrote: It might be advisable to get married in Spain (much more easier that way), because to qualify as partners, you definetly need proof of cohabhiting (proof of address for both of you from the same address) but since you have been working in Spain, it means that you are a European citizen because you have exercised your rights. Basically you wont qualify as partners because you have no proof of living together for the past two years.
Were actually getting married in Scotland in Feb 2009 so he will be my husband by the time we move to Ireland - will this make it much simpler & can they still refuse him? I find it all really confusing that just because i have been living away from Ireland for 2 years i am now classed as European and not Irish!!!
Directive 2004/38/EC gives you and your partner more rights, the Irish laws can mess you about with little consequence but with the above mentioned directive you are better protected.

No, you are still Irish but what i am saying is that, if you decide to go into Ireland with your spouse ( you qualify as a European citizen because you have lived and worked within the EU- Spain or you can also go based on the local laws) basically if you apply as an Irish citizen, your case would be dealt with based on Irish law but if you applied as an EU citizen, you might find that you are better protected. Try googling "Directive 2004/38/EC. basically if i was your lawyer, i would advice you to apply as an EU citizen who has exercised their rights by working in Spain.

craftynick · Post by **craftynick** » Mon Sep 22, 2008 3:39 pm

Ok thanks thats a bit clearer for me now, i apologise as this is all very new to me! I did try reading that directive but its pretty heavy going, i will go back & try again! Anyway i am now feeling much more positive about our move so thank you for your advice

MAKUSA · Post by **MAKUSA** » Mon Sep 22, 2008 3:43 pm

craftynick wrote:Ok thanks thats a bit clearer for me now, i apologise as this is all very new to me! I did try reading that directive but its pretty heavy going, i will go back & try again! Anyway i am now feeling much more positive about our move so thank you for your advice

No bother

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