British citizen bringing American wife to Ireland

[PC-EOS]

Hello,

I've been reading through many of the threads in this section and trying to research on the INIS site, but am still a little unclear as to exactly how the rules would apply to our situation.

I am a U.K. citizen by birth, my fiancee and future wife a U.S. citizen. She does not have any U.K. residency etc., and is currently still in the U.S.A.

If I were to establish myself in the R.o.I. (self-employed), what would be the procedure for my wife to join me later? I'm aware that there are the EU treaty provisions for family members, but I'm not certain whether any slightly different rules would apply due to the common travel area and the historical pre-EU rights of British & Irish citizens to move and work freely between the U.K. and the R.o.I.

As I'm reading the explanations, I'm left with the impression that there's no sort of application process to go through before arriving (not even a visa, since U.S. citizens can visit without), and all that's necessary is to arrive in Ireland with passport and marriage certificate as proof of relationship, then register at the local Garda station and file an EU1 form to request adjustment to permanent resident status.

Is it really that straightforward, or have I missed something?

Many thanks for any insight!

[EUsmileWEallsmile]

I think you've understood already. A UK citizen is an EU citizen and so the directive 2004/38/EC applies. Note also, that should you wish to return to live in the UK afterwards, the directive would also apply to you if you worked (inc self-employed) and your wife lived with you.

[PC-EOS]

Thanks for the confirmation.

After wading through both U.S. & U.K. immigration procedures, it just seemed too simple at first - Not that I'm complaining, of course! I don't think I could see anything about fees for the EU1, but I think I read something about the EU treaty stipulating that no charge can be made; is that right? I believe there are some fees for final issue of residency documents though.

Presumably it would make no difference whether we were already married before I took up residence in Ireland, or whether I established myself there first, then we married outside the R.o.I. before my then-wife came to join me?

[jeupsy]

When it comes to immigration, EU laws are usually much more protective of EU citizens and their families than national laws

And there will be no fee at any stage, neither to submit the application nor to get the residence card issued.

It shouldn't make any difference whether you get married before moving to Ireland of afterwards. If you were Irish and she needed a visa I would say they might be suspicious about the wedding when reviewing the join Spouse visa application; but since she doesn't need a visa and you are applying under EU law - they have pretty limited options to deny the application.

[EUsmileWEallsmile]

Thanks for the confirmation.

After wading through both U.S. & U.K. immigration procedures, it just seemed too simple at first - Not that I'm complaining, of course! I don't think I could see anything about fees for the EU1, but I think I read something about the EU treaty stipulating that no charge can be made; is that right? I believe there are some fees for final issue of residency documents though.

Presumably it would make no difference whether we were already married before I took up residence in Ireland, or whether I established myself there first, then we married outside the R.o.I. before my then-wife came to join me?

Your right to residence depends on what you are doing, worker, self-sufficient, student. You are entitled to have your family members join you. It will make no difference if you chose to establish yourself first and get married later or marry and then establish yourself.

[PC-EOS]

Excellent - Thank you both for the replies. One other query: Is there any fee for registering at the Garda station, or is that also covered by the "mustn't charge" EU treaty rule?

[jeupsy]

I am not sure but I *think* there will be a fee (because at the time she will not have made any EUTR application and will be "regular" visitor to Ireland).

However ... When my partner came they put a Stamp on her passport giving her 30 days to register. As we had prepared the application beforehand we were able to submit the EU1 form and supporting documents a few days after she arrived, and got the acknowledgement from INIS before the 30 days delay. At this stage she was recognised as an EUTR applicant and got her registration with temporary Stamp 4 free of charge - so she never cheated the rules but yet managed not to have to pay for the initial registration requested at border control.

The situation was slightly different as she is a visa national and crossed the border with a join-partner visa. I am not sure the registration delay would be the same if you enter as a tourist.

[EUsmileWEallsmile]

Excellent - Thank you both for the replies. One other query: Is there any fee for registering at the Garda station, or is that also covered by the "mustn't charge" EU treaty rule?

A fee can only be charged if there is an equivalent document for Irish citizens and there is not.

[PC-EOS]

Excellent news! Many thanks for all the responses.