Graduate to Spouse Visa and another can of worms

[MW]

Hi All

Long Time reader in need of some help.

In need of some information here. I had a good read through most of the forums and it answered a lot of my questions. My situation that I need help with is detailed below.

I am Irish and am planning on getting married to my girlfriend ( Taiwanese) quite soon in Taiwan. At the moment she has been in Ireland for 2 years in total doing a Masters and is now on a 6 month graduate visa looking for work which we all know is near impossible at this time.

My questions are what problems are going to arise when we return from Taiwan married and she has to change over to a spouse visa from her graduate visa. Is this even possible Also we are going to my friends wedding in Italy in May so would she require a visa or can only people with Stamp4 Eu Fam travel without visas.

Thanks

[Ben]

Hi MW.

Will your wife have a re-entry visa, to come back to Ireland after your wedding in Taiwan? I'm guessing that the graduate visa that you mention is good for re-entry. Might want to confirm that though.

Once back in Ireland, so I understand, it's rather simple for you both, since you are an Irish citizen. My understanding is that you both need to present yourselves to your local GNIB office, passports and marriage certificate in hand, and your wife will be given Stamp 4 on the spot.

Note: I believe this is correct, but have no first hand experience - someone please correct me if I'm wrong.

Holders of a Republic of China passports have recently been granted visa-free entry to the UK, for visit purposes not exceeding 6 months. Great for trips up North or to Britain, but sadly, not to Italy. No other EU Member State provides visa-free entry for RoC citizens. Your wife will need a Schengen visa. However, it will be free and issued as quickly as possible.

Stamp 4EUFam Residence Cards are issued to family members of EEA nationals (but not usually Irish nationals), resident in Ireland. Unless, you have previously worked in another Member State and are returning home, your wife will not receive this Residence Card, issued in accordance with EU law. She will instead by granted Stamp 4, issued in accordance with Irish law.

[MW]

Thanks for the fast response.

Yes she has a reentry visa that is valid for another 5 months. That's good news about the stamp 4. We recently availed of the UK waiver and went to London for a weekend which was great.

My work sometimes brings me to London for a couple of days a month. If my wife traveled with me would that be considered the same thing as returning home from another Member State seeing as I would be working over there on contract terms. Thanks for the help.

[Ben]

My work sometimes brings me to London for a couple of days a month. If my wife traveled with me would that be considered the same thing as returning home from another Member State seeing as I would be working over there on contract terms. Thanks for the help.

Have a read of Singh, Case C-370/90 of 1992.

References are made to returning to your Member State of origin, after having pursued an economic activity in another Member State.

So yes, you may have a case for treatment under EU law rather than Irish law. However, while it is not specifically mentioned anywhere in Singh, the usual consensus is that to "pursue an economic activity in another Member State" means to be employed or self-employed there. In your case, I believe that neither would be strictly true.

That said, the Irish Department of Justice can be, at times, less than familiar with the rules, much less have they a record of correctly implementing them. In your case, this may be in your favour.

Do let us know.