UK Citizen - Bangladeshi Wife - entering UK via Dublin?

[SSS_HHS]

Hi I am a newbie so please take it easy!

I am a British Born Bangladeshi. When I say British Born, that means I was born in the UK and stayed here until I was 2 years 6 months old and then my parent took me back to Bangladesh. However, ever since my return back to Bangladesh I have been in touch with the British Embassy and have renewed my status with them accordingly.

In August last year I married a Bangladeshi citizen and recently we visited the UK. I traveled on my British Passport and my partner traveled on her Bangladeshi passport. Her sisters is a British citizen and rather than travel as my spouse she traveled on a tourist visit where she was visiting her sister. She had visited her sister once before - prior to our marriage.

Whilst in the UK I applied for and received a NI number and also re-established the NHS number I was originally given when I was born. I am amazed that they had records of this birth so many years later.

I am now planning to settle in the UK with my partner and would appreciate any advice or help you may have.

I have read that as a UK citizen I am able to go to (for example) Dublin with my wife, stay their for 6 months and then come over to the UK. IS this the case?

If this is the case - what is the process for entering into ROI, Dublin? i.e what application forms do I require if my wife and I are traveling from Bangladesh?

Is it also the case that I (and my wife) can go their for 90 days even if I don't have a job and look actively for work in those initial 90 days?

Finally, what is the process for my wife and I to settle in the UK if everything has gone according to plan thus far?

Thanks in advance for any assistance with this matter.

[Directive/2004/38/EC]

I am a British Born Bangladeshi. When I say British Born, that means I was born in the UK and stayed here until I was 2 years 6 months old and then my parent took me back to Bangladesh. However, ever since my return back to Bangladesh I have been in touch with the British Embassy and have renewed my status with them accordingly.

What you have written is very unclear. Are you a British citizen with a British passport?

[SSS_HHS]

Sorry for not writing this clearly - yes I am a British Citizen with a British Passport

[EUsmileWEallsmile]

Sorry for not writing this clearly - yes I am a British Citizen with a British Passport

As a British citizen with a non-EU spouse, you could move to any EEA state (other than the UK) under the terms of directive 2004/38/EC.

Having done so, you could return to the UK under immigration (EEA) regulations 2006 if you meet the conditions specified in regulation 9.

[Directive/2004/38/EC]

You will need to work in Ireland, or whichever EU member state (other than the UK) that you choose.

http://eumovement.wordpress.com/2011/12 ... -a-worker/ gives more information about what "work" means

[SSS_HHS]

Sorry for not writing this clearly - yes I am a British Citizen with a British Passport

As a British citizen with a non-EU spouse, you could move to any EEA state (other than the UK) under the terms of directive 2004/38/EC.

Having done so, you could return to the UK under immigration (EEA) regulations 2006 if you meet the conditions specified in regulation 9.

So do I just fly from Bangladesh to Dublin with my passport and Non-EEA wife and at border control give them my marriage certificate, my British passport and a copy of directive 2004/38/EC? - or is there anything else I need to do?

[SSS_HHS]

You will need to work in Ireland, or whichever EU member state (other than the UK) that you choose.

http://eumovement.wordpress.com/2011/12 ... -a-worker/ gives more information about what "work" means

One of the reasons I am looking at the EEA route is because I would like to take my wife with me rather than fly to either the UK or ROI and look for a job and then bring her over. I read somewhere that there is an initial 90 day period which I am given upon entering the EEA country. IS this the case and if so could you tell me more information about it?

[EUsmileWEallsmile]

So do I just fly from Bangladesh to Dublin with my passport and Non-EEA wife and at border control give them my marriage certificate, my British passport and a copy of directive 2004/38/EC? - or is there anything else I need to do?

No, your wife would be denied boarding. She would need a visa from the Irish authorities. It would be issued free of charge and on the basis of an accelerated procedure.

I suggest you contact these people in the first instance.

http://www.dfa.ie/home/index.aspx?id=5474

[EUsmileWEallsmile]

One of the reasons I am looking at the EEA route is because I would like to take my wife with me rather than fly to either the UK or ROI and look for a job and then bring her over. I read somewhere that there is an initial 90 day period which I am given upon entering the EEA country. IS this the case and if so could you tell me more information about it?

Have you read directive 2004/38/EC (the legislation, not the poster)? The details are set out there.

[SSS_HHS]

One of the reasons I am looking at the EEA route is because I would like to take my wife with me rather than fly to either the UK or ROI and look for a job and then bring her over. I read somewhere that there is an initial 90 day period which I am given upon entering the EEA country. IS this the case and if so could you tell me more information about it?

Have you read directive 2004/38/EC (the legislation, not the poster)? The details are set out there.

From directive 2004/38/EC

"(5) The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of "family member" should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage"

and

"(9) Union citizens should have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport, without prejudice to a more favourable treatment applicable to job-seekers as recognised by the case-law of the Court of Justice."

I am hoping that I have highlighted the necessary clauses and from this it seems that yes my non-EEA wife is entitled to enter into ROI with me and YES we are able to reside in ROI for 90 days whilst looking for a job.

Have I missed anything out???

[EUsmileWEallsmile]

One of the reasons I am looking at the EEA route is because I would like to take my wife with me rather than fly to either the UK or ROI and look for a job and then bring her over. I read somewhere that there is an initial 90 day period which I am given upon entering the EEA country. IS this the case and if so could you tell me more information about it?

Have you read directive 2004/38/EC (the legislation, not the poster)? The details are set out there.

From directive 2004/38/EC

"(5) The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of "family member" should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage"

and

"(9) Union citizens should have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport, without prejudice to a more favourable treatment applicable to job-seekers as recognised by the case-law of the
Court of Justice."

I am hoping that I have highlighted the necessary clauses and from this it seems that yes my non-EEA wife is entitled to enter into ROI with me and YES we are able to reside in ROI for 90 days whilst looking for a job.

Have I missed anything out???

I think you've got it! Remember that your wife will be required to have a visa see article 5.2.

[SSS_HHS]

One of the reasons I am looking at the EEA route is because I would like to take my wife with me rather than fly to either the UK or ROI and look for a job and then bring her over. I read somewhere that there is an initial 90 day period which I am given upon entering the EEA country. IS this the case and if so could you tell me more information about it?

Have you read directive 2004/38/EC (the legislation, not the poster)? The details are set out there.

From directive 2004/38/EC

"(5) The right of all Union citizens to move and reside freely within the territory of the Member States should, if it is to be exercised under objective conditions of freedom and dignity, be also granted to their family members, irrespective of nationality. For the purposes of this Directive, the definition of "family member" should also include the registered partner if the legislation of the host Member State treats registered partnership as equivalent to marriage"

and

"(9) Union citizens should have the right of residence in the host Member State for a period not exceeding three months without being subject to any conditions or any formalities other than the requirement to hold a valid identity card or passport, without prejudice to a more favourable treatment applicable to job-seekers as recognised by the case-law of the
Court of Justice."

I am hoping that I have highlighted the necessary clauses and from this it seems that yes my non-EEA wife is entitled to enter into ROI with me and YES we are able to reside in ROI for 90 days whilst looking for a job.

Have I missed anything out???

I think you've got it! Remember that your wife will be required to have a visa see article 5.2.

I thought I had it but now I think I lost it, LOL. where is article 5.2? In the link you gave me it goes from 5 to 6 and so on.

[SSS_HHS]

Regarding the Visa question I was browsing on this site:

http://www.inis.gov.ie/en/INIS/Informat ... June09.pdf

on the second page it states:

"If you are applying for a Long Stay (D) visa to work**, study or join family members you should apply for a Single Journey only."

Can anyone confirm if this is the visa that my wife should be applying for.

[Directive/2004/38/EC]

She just needs to apply for the equivalent of a short stay tourist visa. She does NOT need to apply for a settlement visa.

[EUsmileWEallsmile]

I thought I had it but now I think I lost it, LOL. where is article 5.2? In the link you gave me it goes from 5 to 6 and so on.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

5.2

Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.

Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

[SSS_HHS]

I thought I had it but now I think I lost it, LOL. where is article 5.2? In the link you gave me it goes from 5 to 6 and so on.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

5.2

Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law.

Member States shall grant such persons every facility to obtain the necessary visas. Such visas shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.

Yes .. it is official ... I am an idiot! - I didn't realise that the directive ran so long and didn't scroll down far enough. There it is in Black and white.

Thank you

[SSS_HHS]

She just needs to apply for the equivalent of a short stay tourist visa. She does NOT need to apply for a settlement visa.

Ok, so she can apply for the a single entry short stay tourist visa and once she is in, then she has to apply for a EEA Family Permit. Is this correct and if it is how does she go about making that application?

[Directive/2004/38/EC]

Note that she should be very clear, in writing, that she is the spouse of an EU citizen who she will be travelling with or joining.

Once in the host member state, The EU citizen finds a job and then the family member applies for a Residence Card.

[SSS_HHS]

Note that she should be very clear, in writing, that she is the spouse of an EU citizen who she will be travelling with or joining.

Once in the host member state, The EU citizen finds a job and then the family member applies for a Residence Card.

Two questions about the registration card:

1) is this where my wife applies for it?
http://www.citizensinformation.ie/en/mo ... eland.html

2) For the purposes of coming to the UK afterwards - I believe UKBA do not accept the residence card but rather they accept the EEA Family Permit. If this is the case I do I need to apply for BOTH residence card and EEA Family Permit? If yes, how do I apply for the EEA Permit?

[SSS_HHS]

Anyone?

[Directive/2004/38/EC]

Anyone?

Unless you plan to pay somebody a lot of money to answer your questions, I suggest do not do this sort of stuff. OK?

[SSS_HHS]

Anyone?

Unless you plan to pay somebody a lot of money to answer your questions, I suggest do don't do this sort of stuff. OK?

Sorry, I haven't understood. What "sort of stuff" are you referring to?

[Directive/2004/38/EC]

Nobody gets paid to answer your questions. If you do not get a good answer in a few days, then consider rephrasing your question or adding more detail.

[SSS_HHS]

Nobody gets paid to answer your questions. If you do not get a good answer in a few days, then consider rephrasing your question or adding more detail.

I appreciate nobody gets paid and perhaps I was too hasty in not waiting for a response to my question.

Based on my research, especially from the contributions made on this forum, this is what I pieced together and perhaps somebody could suggest if this is correct or not:

1) I have possibly opted to got the EEA route to bring my wife into the UK


2) As a EEA/EU citizen I can enter Ireland with my wife (unrestricted)

My entry under into a EEA country other than UK is under the terms of directive 2004/38/EC - see link below

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Please check Clause 5 - I can go directly to Dublin without restriction. (Page L 158/ 79)


3) My wife can go with me but she will need a port entry Visa stamp. Look at these links:

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Please read (scroll down to the bottom (Page L 158/ 91)

http://www.dfa.ie/home/index.aspx?id=5474 http://www.citizensinformation.ie/en/mo ... eland.html


4) 90 day without working rule (obviously getting a job beforehand would be better)

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

Please also read Clause 9 - I can enter into Dublin without a job and look for a job for the next 3 months (Page L 158/ 80 )

Even though I have 90 days of not working in Ireland, to be eligible for entry into the UK, I have to be exercising my rights as a EU citizen which means I must be working, self employed or a student. If I do none of these then I are not acting as a citizen of Europe and are therefore disqualifying myself.

Here are two web links that refer to WORKING in the EU with regards to exercising rights under the treaty for free movement

http://eumovement.wordpress.com/2011/12 ... -a-worker/
http://eumovement.wordpress.com/2010/08 ... to-travel/

5) My wife's residency in Dublin

For the purpose of Ireland and EU rules and regulations my wife will also need a Residence Card once I start working

http://www.citizensinformation.ie/en/mo ... eland.html


6) My wifes entry to the UK

Again, once I am working and in Ireland, my wife will need to get a EEA family permit, the Wiki link below explains why she has to get this for UK Entry

http://en.wikipedia.org/wiki/European_E ... ily_Permit

The UKBA page below gives more information about entering the UK with an EEA family permit

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

If I have missed anything or my understanding is incorrect I would appreciate any assistance.

[EUsmileWEallsmile]

You may find it helpful to read this document.

http://eur-lex.europa.eu/LexUriServ/Lex ... FIN:EN:PDF