6 months minimum for EU citizen, non-eu citizen or both?

[Jellybean105]

Hello

Just have a few questions. As a rule of thumb (as mentioned in this forum) is 6 months before returning to the UK.

I wanted to know how quickly can I submit an application for my husband's Resident card in Ireland (does it have to be after 3 months or can we apply before that?).

Do I (EU citizen) need to be in Ireland for min 6 months or both my husband and I? He will be joining me later so when do the 6 months count?

Thanks!

[357mag]

There is no stated time for how long you will need to be in the other country.

In theory you just need evidence of residence and employment and can then come back. You husband can come to UK to join you as a family member of an EEA migrant worker exercising treaty rights (Metlock).

So your partner would apply on EEA2 where he is now, submitting it to local British Embassy along with the needed evidence.

In reality there has been some refusals, appeals reapplications and other bothers, so.

Best option I would say is, you go to the 3rd country first and get a tenancy and a job, (you can only stay there 3 months if you cant find work or are self supporting).

Then fly your partner in on a visitor visa, (not really essential to have a visa but will save a lot of hassle at the border), partner then applies for family card, (Irish stamp 4), straight away so can work for up to 3 months, applies for local (Irish EU4fam) family permit, so can stay there and work for up to 5 years and you are in a strong safe situation so can sit back and apply for EEA2. Any propblems you just sort them and apply again.

The EU4fam needs evidence of working and residence and you will get that in the first 3 months so you have all you need to apply for EEA2 at that point. But UKBA are allowed to take up to 6 months to issue it and you can bet your bottom dollar they drag their feet and take all that time. So you could be in the 3rd country up to 9 months.

[Jambo]

There is no stated time for how long you will need to be in the other country.

In theory you just need evidence of residence and employment and can then come back. You husband can come to UK to join you as a family member of an EEA migrant worker exercising treaty rights (Metlock).

So your partner would apply on EEA2 where he is now, submitting it to local British Embassy along with the needed evidence.

In reality there has been some refusals, appeals reapplications and other bothers, so.

Best option I would say is, you go to the 3rd country first and get a tenancy and a job, (you can only stay there 3 months if you cant find work or are self supporting).

Then fly your partner in on a visitor visa, (not really essential to have a visa but will save a lot of hassle at the border), partner then applies for family card, (Irish stamp 4), straight away so can work for up to 3 months, applies for local (Irish EU4fam) family permit, so can stay there and work for up to 5 years and you are in a strong safe situation so can sit back and apply for EEA2. Any propblems you just sort them and apply again.

The EU4fam needs evidence of working and residence and you will get that in the first 3 months so you have all you need to apply for EEA2 at that point. But UKBA are allowed to take up to 6 months to issue it and you can bet your bottom dollar they drag their feet and take all that time. So you could be in the 3rd country up to 9 months.

You are mixing some of the terms.

EEA2 is only applied in country and is valid for 5 years (it's the UK equivalent of EU4Fam). It can take upto 6 months.
What you can apply from Ireland is a EEA Family Permit which normally is issued within a few weeks.

[Jellybean105]

Thank you for your replies. But that was a bit confusing

At the moment my husband is in the UK and his visa has expired so they've asked him to leave. He will be joining me in Ireland where I am exercising my EU treaty rights.

I have 4 months of proof of residence and self-employment. So once my husband arrives, after his registration with garda etc when can he apply for a resident card? (Eu4Fam)

On the form they ask for 6 months bank statements and 6 months worth of sales receipts etc so so I need to wait another 2 months or will it be after 3 months of his arrival?

After we receive the Irish resident card, how long do we need to wait to return to the UK? You said as long as you can fulfil the requirements - so I guess by the by the time we return it would have been 6 months since I first moved. But only 2 months with my husband there. Does that matter?

Thanks

[wiggsy]

Thank you for your replies. But that was a bit confusing

At the moment my husband is in the UK and his visa has expired so they've asked him to leave. He will be joining me in Ireland where I am exercising my EU treaty rights.

I have 4 months of proof of residence and self-employment. So once my husband arrives, after his registration with garda etc when can he apply for a resident card? (Eu4Fam)

On the form they ask for 6 months bank statements and 6 months worth of sales receipts etc so so I need to wait another 2 months or will it be after 3 months of his arrival?

After we receive the Irish resident card, how long do we need to wait to return to the UK? You said as long as you can fulfil the requirements - so I guess by the by the time we return it would have been 6 months since I first moved. But only 2 months with my husband there. Does that matter?

Thanks

i would say:
1) Get spouse to ireland (border crossing)
2) aquire PPS number (about 1 - 2 weeks from research)
3) register bank account in ireland for them (as soon as in the country using your marriage cert etc
4) register with Garda for the GNIB card... (i don't think they send off the passport etc?)
5) after pps number comes back, as long as your resident, try and come back to the uk to visit family

[additionally:]

You do not legally have to provide bank statements etc... all you need to do is prove the following:
1) you were employed / self employed (this means invoices / possibly bank statements / PPS number / tax registrations? etc)
2) you both liveed together (bank statements, household bills, heck, even hotel reciepts?)
3) proof your married
4) both passports (or other suitable ID)

from DAY ONE of entry you are RESIDENT within the country.

[Directive/2004/38/EC]

Why don't you go together to Ireland? It is quick and easy to get there. Take a ferry. Do not think there is any legal advantage of you going first, except possibly financial. You do not have to initially have a job for him to have a right to join you.

[Jellybean105]

Thanks wiggsy.

Directive/2004/38/EC - We will be going together. Its just at the moment law enforcement have his passport and because we made another application on a pending appeal they have deemed him an overstayer.

We are going to meet with the enforcement officer on Monday to discuss his plans to leave the UK. I am hoping that he has no objection to him going to Ireland instead of his home country.

According to the directive hes allowed to go with me to Ireland and I just hope that the officer understands this! They shouldn't really have a say in where he goes as long as he leaves the UK.

[Directive/2004/38/EC]

It may be more complicated than that. I am not clear that they have to let him choose where he leaves to, though I do not know.

If they refuse the Ireland idea, then you could threaten to fight them in appeal. That might motivate them to let you go to Ireland.

Also, what country is he from? Can he simply get a replacement passport from the London embassy? And then off you go!

[Jellybean105]

That is what I am planning to do. It might not be easy, although I wish it was but if they are willing to listen, I will explain everything. If they still don't agree then I will threaten to fight them and like you said I hope they let it go.

Hes from pakistan. Can you do that??

[Jellybean105]

So, if my husband registers with garda, does he need to apply for a resident card (EU1 form) or is that enough? Will they send him a resident permit?

We are renting a family friends appartment and he does not want to go through registering with the tenancies board (of which I need to apply for a resident card through the EU1 form).