Can I (UK National)& wife (non EU National) live in Irel

[lukejones]

Please, there are too many people speaking nonsense.
What the 'Irish embassy have told you' there is false.
Yes, you do need a tourist visa for your wife. But, it must be issued quickly, and without charge, under EU treaty rights.
No, you cannot use a EEA family permit. That is a UK thing, only for UK. It does not exist in Ireland.
You must get an ordinary tourist visa for 3 months, and then apply for residency when you are there.
Using the marriage certificate they cannot refuse your wife entry under EU treaty rights laws.
(What I am saying is according to what is written; what each individual immigration officer thinks and does is another thing!).

[chelsearob77]

Please, there are too many people speaking nonsense.
What the 'Irish embassy have told you' there is false.
Yes, you do need a tourist visa for your wife. But, it must be issued quickly, and without charge, under EU treaty rights.
No, you cannot use a EEA family permit. That is a UK thing, only for UK. It does not exist in Ireland.
You must get an ordinary tourist visa for 3 months, and then apply for residency when you are there.
Using the marriage certificate they cannot refuse your wife entry under EU treaty rights laws.
(What I am saying is according to what is written; what each individual immigration officer thinks and does is another thing!).

Well yes the Irish embassy told me that she needed a visa to enter Ireland, but her right to enter Ireland or be granted a visa was not a must & that me being a EU citizen has no bearing whatsoever on her visa application!

I'm getting a little bit frustrated & confused now because I keep being told different things from different people?

[lukejones]

Yeah, they resent the fact that Europe forces it to obey their laws.
So there's always the possibilty that they refuse your visa, and then you have to take them to the European court.
Many people are doing that with the UK especially.
So, it's a stressful situation with some possible risk and pain.
Each of us has to try it, and hope for the best.
Really, the governments are failing in many regards.
I mention this in a recent speech I made.
You can hear it here:
https://www.youtube.com/watch?v=lOPUL-IZalk

[lukejones]

Yeah, they resent the fact that Europe forces it to obey their laws.
So there's always the possibilty that they refuse your visa, and then you have to take them to the European court.
Many people are doing that with the UK especially.
So, it's a stressful situation with some possible risk and pain.
Each of us has to try it, and hope for the best.
Really, the governments are failing in many regards.
I mention this in a recent speech I made.
You can hear it here:
https://www.youtube.com/watch?v=lOPUL-IZalk

[wiggsy]

Please, there are too many people speaking nonsense.
What the 'Irish embassy have told you' there is false.
Yes, you do need a tourist visa for your wife. But, it must be issued quickly, and without charge, under EU treaty rights.
No, you cannot use a EEA family permit. That is a UK thing, only for UK. It does not exist in Ireland.

perhaps the first email which the irish embassy wrote was refering to the english equiv then, but i will try and find my initial email reply from them... i was told that an eea family permit which is valid for six months is issued...

if i get to the border (which they do not recommend) - after proving our relationship and my intentions for travel she could possible recieve a stamp 4... (i assume this is the equiv to uks Code1a?)

[chelsearob77]

Please, there are too many people speaking nonsense.
What the 'Irish embassy have told you' there is false.
Yes, you do need a tourist visa for your wife. But, it must be issued quickly, and without charge, under EU treaty rights.
No, you cannot use a EEA family permit. That is a UK thing, only for UK. It does not exist in Ireland.

perhaps the first email which the irish embassy wrote was refering to the english equiv then, but i will try and find my initial email reply from them... i was told that an eea family permit which is valid for six months is issued...

if i get to the border (which they do not recommend) - after proving our relationship and my intentions for travel she could possible recieve a stamp 4... (i assume this is the equiv to uks Code1a?)

This is a copy of the email the Irish embassy here in Peru sent me last night:

11 February 2013 17:57
Irish Consulate of Peru / Irish Consul/ Cónsul de Irlanda <consul@irishperu.com> 11 February 2013 21:10
To: <chelsearob77>
Reply | Reply to all | Forward | Print | Delete | Show original

Yes but your Peruvian wife will still need a visa for Ireland, and best before visiting, to tell us what is the purpose of her visit to Ireland, so we can send you the correct information on the requirements for an Irish visa, as although she has a right to enter Ireland, it is NOT AUTOMATIC, and depends upon filling out the visa requirements. Remember, Ireland is not a member of the Scheghen group, so an Irish visa is only good for Ireland.

So, answer the main question what is the purpose of your journey and how long you want to stay in Ireland, and I send you the requirements. When you have all the requirements then call us for an appointment.

Regards

Micheál G. Ruiséal
Consul

- Show quoted text -
--
IRISH CONSULATE IN PERU
CONSULADO DE IRLANDA EN PERU
Av. Paseo de la República 5757 B,
Urb. San Antonio, Miraflores,
Lima 18, Peru
Tel: (51 1) 242 9516 & (51 1) 242 2640
Fax: (51 1) 242 9516
e-mail: consul@irishperu.com
Cell: (51) 987 431 069
Cell: (51) 979 365 646
Cell: (51) 997 363 056
Nextel: (51) 628*5172
SYPE: irishconsulperu
E-mail Visa Enquiries and Correspondence
visa@irishperu.com
E-mail de Pedido de Información y Correspondencia de Visa: visa@irishperu.com
Opening Hours / Horas De Atención: 9:00 am to 1:00 pm
Mondays to Fridays / Lunes A Viernes
Visa Applications Only Mondays, Wednesdays, Thursdays with Prior Appointment
Solicitudes De Visas Solamente Lunes, Miércoles, y Jueves, Con Cita






So you can see from that that according to them my wife is not eligible to enter Ireland unless she is able to meet the requirements set out by the Irish immigration!

[chelsearob77]

i just read this on the Irish Naturalisation and Immigration Service website regarding Qualifying Family Members who wish to JOIN EU Citizens in Ireland:

Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland

If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to JOIN the EU Citizen who is already in Ireland you should fully complete the online application form, and submit your signed summary application form, and photographs
In addition the following documents are required:
Your passport
Copy of the bio page of your spouse’s passport
Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence
Birth Certificate (long form) for children under 21 years, parental consent where appropriate, national Identity card (signed if required)
Evidence that the EU Citizen spouse is lawfully in Ireland



So there is always hope according to this

[chelsearob77]

this i also just read on the Irish Naturalisation and Immigration Service website regarding non EU family members of EU citizens traveling to Ireland together:


Visit with EU citizen by family member - visa application documents required

Please be advised that non-nationals who are family members of a European Union citizen and holders of a document called "Residence card of a family member of a Union citizen" as referred to in Articles 5 (2) and 10 (1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, are not subject to an Irish visa requirement.

Please be advised that the Visa Office's of the Irish Naturalisation and Immigration Service are not in a position to provide guidance or advice as to whether a particular card held is sufficient to exempt the person concerned from the visa requirement. It is however open to the persons concerned to contact the appropriate issuing authority of the member state concerned for advice/guidance as to whether the document/card comes within the definition of the Directive, as implemented by that particular Member State.

In circumstances where an individual is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to such an individual to apply for a visa. Such an application from a family member of an EU Citizen will continue to be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the individual themselves.

If non EEA family members wish to ACCOMPANY an EU Citizen on a VISIT to Ireland, and require a visa, the following documents must be submitted:
Fully complete the online application form, and submit your signed summary application form, photographs and fee.
Passport
Marriage Certificate (where applicable) - evidence (apostilled document) that marriage has been registered in applicant's country of origin/residence
Documentary evidence that will attest to the existence and durability of the relationship (where applicable) – e.g. Registration Certificate of partnership (if applicable) or evidence of common ownership of property, joint tenancy of property, on going correspondence addressed to both partners at the same address, financial dependence/interdependence, joint bank accounts or any other relevant documentation.
Evidence that the applicant is accompanying the EU Citizen to Ireland or evidence that the EU Citizen is already residing in Ireland
Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required). Where a child under the age of 18 is travelling alone, the consent of both parents/guardians is required. If the child is travelling with one parent, the consent of the other parent is required. This signed parental consent must be accompanied by a copy of the consenting parent's passport or national identity card showing the bearer's signature. Where only one parent has total custody, a Court Order bestowing sole custody of this child must be shown.
The bearer of the visa must present to an Immigration Official at an approved port of entry. Please note that a visa only grants the bearer permission to present at an approved port of entry into the State. The decision to allow entry to the State is at the discretion of the Immigration Officer and moreover the visa itself does not imply any entitlements whatsoever as to residency in the State.
NOTES
Please keep copies of all documents submitted with your application. Original documents such as marriage/birth certificates will be returned to you. However, bank statements, letters of invitation etc will not be returned.
If there are specific documents that you wish to have returned to you, please submit a list of these with your application.
All letters submitted should be on official company headed paper and give full contact details for verification purposes. These must include a full postal address, name of contact, position in company, telephone number (landline) and email address where relevant. (Email addresses such as Yahoo or Hotmail are not accepted). Website address should also be included, if available.
All of the above documents must be submitted with your application
All documentation must be in English or accompanied by a notarised translation
The provision of all the documentation listed in no way guarantees that a visa will be granted
Please do not purchase travel tickets prior to a decision being made on the visa application. Doing so may lead to unnecessary additional costs in circumstances where a visa is not granted.
July 2011



So it seems the non EU family member of a EU citizen has more chance of success if the EU citizen is already residing in Ireland!

[chelsearob77]

From my understanding of what i have been told & read those are the required steps me & my wife would need to take for her to eventually get residence in the UK:

1. I would need to find a job in an EU country (aside from UK, as i am a UK citizen) - Ireland would be fine.

2. My wife would then apply at the Irish Embassy in Peru for a visa to join me.

3. She would then get a 5 year permit when in Ireland and live with myself in Ireland for a while (usually 3-6 months minimum as far as I heard).

4. Then she would apply for entry clearance at the British Embassy in Ireland.

5. We then move to the UK.

6. Then she would apply for a EEA family permit (valid 5 years).


So if anyone can shed any light to this being correct or have i been misinformed somewhere along the line?

Thanks

[wiggsy]

From my understanding of what i have been told & read those are the required steps me & my wife would need to take for her to eventually get residence in the UK:

1. I would need to find a job in an EU country (aside from UK, as i am a UK citizen) - Ireland would be fine.

2. My wife would then apply at the Irish Embassy in Peru for a visa to join me.

3. She would then get a 5 year permit when in Ireland and live with myself in Ireland for a while (usually 3-6 months minimum as far as I heard).

4. Then she would apply for entry clearance at the British Embassy in Ireland.

5. We then move to the UK.

6. Then she would apply for a EEA family permit (valid 5 years).


So if anyone can shed any light to this being correct or have i been misinformed somewhere along the line?

Thanks

you do not need a job first, your wife CAN travel with you to ireland...

The first three months of residence within Ireland are "Unrestricted" meaning you do not require to fall within the category of employee, self employed, student or self sufficient.

once there attend a garda station, and apply for a stamp4 based on marriage with proof of employment...

we need wifes new passport before can apply for entry clearance for wife. but hopefully indonesian embassy will issue it quickly.

[chelsearob77]

From my understanding of what i have been told & read those are the required steps me & my wife would need to take for her to eventually get residence in the UK:

1. I would need to find a job in an EU country (aside from UK, as i am a UK citizen) - Ireland would be fine.

2. My wife would then apply at the Irish Embassy in Peru for a visa to join me.

3. She would then get a 5 year permit when in Ireland and live with myself in Ireland for a while (usually 3-6 months minimum as far as I heard).

4. Then she would apply for entry clearance at the British Embassy in Ireland.

5. We then move to the UK.

6. Then she would apply for a EEA family permit (valid 5 years).


So if anyone can shed any light to this being correct or have i been misinformed somewhere along the line?

Thanks

you do not need a job first, your wife CAN travel with you to ireland...

The first three months of residence within Ireland are "Unrestricted" meaning you do not require to fall within the category of employee, self employed, student or self sufficient.

once there attend a garda station, and apply for a stamp4 based on marriage with proof of employment...

we need wifes new passport before can apply for entry clearance for wife. but hopefully indonesian embassy will issue it quickly.

The Irish embassy here in Peru said she will need a visa to enter Ireland & will need to meet certain requirements before they can issue it!

[chelsearob77]

just an update to the steps me & my wife would need to take to enter the UK to live via Ireland (I've added the correct names of the forms & in the order they are required)



1. I would need to find a job in an EU country (aside from UK, as i am a UK citizen) - Ireland would be fine.

2. My wife would then apply at the Irish Embassy in Peru for a visa to join me. (still not sure exactly what type of visa my wife would need as the Irish embassy here in Lima still haven't got back to me)

3. She would then get a 5 year Residence Card by filling out a EU1 Form when in Ireland and live with myself in Ireland for a while (usually 3-6 months minimum as far as I heard).

4. Then she would apply for a EEA family permit filling out a VAF5 Form at the British Embassy, online or by post in Ireland for entry clearance into the UK.

5. We then move to the UK.

6. Then she would apply for a EEA2 residence card filling out a EEA2 Form the applying by post (valid 5 years).

[creweman]

this is not true!!!

Your wife needs to travel with you! get her an EEA Family permit.. its not a visa you want...
I am in the same boat my wife's spouse visa runs out in a few weeks and I am looking at going to Ireland as this may be are only option. But not sure on whether its a visa we need or permit. Ps we both live in the UK and she's Colombian
take your marriage cert too!...

im looking at this for my wife (we are in the uk currently - but they expect her to leave - failed applications on Art 8 and spouse etc).

so now looking at going to ireland for this work... she can join me for three months even if i am not working.. irish embasy confirmed that to myself etc... after three months of entry, if im not working, shes considered an "illegal" and would be removed... although as myself, and children are british we have the right to remain in ireland (common travel area)

go onto DFA.ie and email them a question... - it depends on who answers your email, the first couple of responses i had were useless, but i had a nice lady email me a couple of messages which were useful etc.

[creweman]

Sorry to bother you however hope you can help me or answer a question please.

I am British living in the UK with my wife who's from colombia on a spouse visa which runs out on the 5 of march. We are aware that she needs to pass the life in the uk test. And then apply for recency. But if she fails this this would mean her going back home and then having to reapply under the new law. Ie £18,500 etc etc. Which at present is not possible as we ad a business up until December last year but for ed to close due to my wife having a operation. Worried that she might have to go back and me not seeing her for 6 to 12 months I was informed that we could go to another eu country and she could come with me as she's my spouse.
But I am worried as I am. Not working at present, can you please help

[EUsmileWEallsmile]

Sorry to bother you however hope you can help me or answer a question please.

I am British living in the UK with my wife who's from colombia on a spouse visa which runs out on the 5 of march. We are aware that she needs to pass the life in the uk test. And then apply for recency. But if she fails this this would mean her going back home and then having to reapply under the new law. Ie £18,500 etc etc. Which at present is not possible as we ad a business up until December last year but for ed to close due to my wife having a operation. Worried that she might have to go back and me not seeing her for 6 to 12 months I was informed that we could go to another eu country and she could come with me as she's my spouse.
But I am worried as I am. Not working at present, can you please help

Please post your question once only.

[Latintraveller]

this i also just read on the Irish Naturalisation and Immigration Service website regarding non EU family members of EU citizens traveling to Ireland together:


Visit with EU citizen by family member - visa application documents required

Please be advised that non-nationals who are family members of a European Union citizen and holders of a document called "Residence card of a family member of a Union citizen" as referred to in Articles 5 (2) and 10 (1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, are not subject to an Irish visa requirement.

Please be advised that the Visa Office's of the Irish Naturalisation and Immigration Service are not in a position to provide guidance or advice as to whether a particular card held is sufficient to exempt the person concerned from the visa requirement. It is however open to the persons concerned to contact the appropriate issuing authority of the member state concerned for advice/guidance as to whether the document/card comes within the definition of the Directive, as implemented by that particular Member State.

In circumstances where an individual is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to such an individual to apply for a visa. Such an application from a family member of an EU Citizen will continue to be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the individual themselves.

If non EEA family members wish to ACCOMPANY an EU Citizen on a VISIT to Ireland, and require a visa, the following documents must be submitted:
Fully complete the online application form, and submit your signed summary application form, photographs and fee.
Passport
Marriage Certificate (where applicable) - evidence (apostilled document) that marriage has been registered in applicant's country of origin/residence
Documentary evidence that will attest to the existence and durability of the relationship (where applicable) – e.g. Registration Certificate of partnership (if applicable) or evidence of common ownership of property, joint tenancy of property, on going correspondence addressed to both partners at the same address, financial dependence/interdependence, joint bank accounts or any other relevant documentation.
Evidence that the applicant is accompanying the EU Citizen to Ireland or evidence that the EU Citizen is already residing in Ireland
Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required). Where a child under the age of 18 is travelling alone, the consent of both parents/guardians is required. If the child is travelling with one parent, the consent of the other parent is required. This signed parental consent must be accompanied by a copy of the consenting parent's passport or national identity card showing the bearer's signature. Where only one parent has total custody, a Court Order bestowing sole custody of this child must be shown.
The bearer of the visa must present to an Immigration Official at an approved port of entry. Please note that a visa only grants the bearer permission to present at an approved port of entry into the State. The decision to allow entry to the State is at the discretion of the Immigration Officer and moreover the visa itself does not imply any entitlements whatsoever as to residency in the State.
NOTES
Please keep copies of all documents submitted with your application. Original documents such as marriage/birth certificates will be returned to you. However, bank statements, letters of invitation etc will not be returned.
If there are specific documents that you wish to have returned to you, please submit a list of these with your application.
All letters submitted should be on official company headed paper and give full contact details for verification purposes. These must include a full postal address, name of contact, position in company, telephone number (landline) and email address where relevant. (Email addresses such as Yahoo or Hotmail are not accepted). Website address should also be included, if available.
All of the above documents must be submitted with your application
All documentation must be in English or accompanied by a notarised translation
The provision of all the documentation listed in no way guarantees that a visa will be granted
Please do not purchase travel tickets prior to a decision being made on the visa application. Doing so may lead to unnecessary additional costs in circumstances where a visa is not granted.
July 2011



So it seems the non EU family member of a EU citizen has more chance of success if the EU citizen is already residing in Ireland!

You are referring to a VISIT. There is a different category for "Join Spouse" for which you will need to be already in Ireland.

The requirements are quoted below

Spouse/Child - Qualifying Family Members who wish to JOIN EU Citizen in Ireland

If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to JOIN the EU Citizen who is already in Ireland you should fully complete the online application form, and submit your signed summary application form, and photographs
In addition the following documents are required:
Your passport
Copy of the bio page of your spouse’s passport
Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence
Birth Certificate (long form) for children under 21 years, parental consent where appropriate, national Identity card (signed if required)
Evidence that the EU Citizen spouse is lawfully in Ireland

http://www.inis.gov.ie/en/INIS/Pages/Jo ... EU_Citizen

I am a UK citizen who married my Peruvian wife recently and I moved to Ireland and am currently waiting for her visa to come through (applied about 3 weeks ago).

As you can see there are only a few requirements for the visa to be issued under EU rules. You have a 3 month grace period to get a job (can be as low as about 12 hours a week). You can also be self employed etc. Check this booklet for comprehensive information. After then she will have to register.

http://ec.europa.eu/justice/policies/ci ... nt_low.pdf

All the best with your plans. I lived in Ireland for a few years in the past and despite the weather it is a nice place to bring up a family.