Irish national return to Ireland from UK (EEA permit spouse)

[Elizabeth06]

Hello

I am an Irish national living and working in the UK with my non-EEA spouse. My spouse holds an EEA family permit. We have not been living in the UK long and I am looking at work opportunities back in Ireland. My spouse has not applied for a UK residence card yet.

If I find a position in Ireland, can my spouse come to live in Ireland with me with his EEA permit for the UK. Can he apply for an EEA permit for Ireland since we are living in the UK exercising treaty rights. Is there a minimum amount of time that I need to exercise my treaty rights before we can both return to Ireland under the EEA permit route?

Would really appreciate any advice from anyone with experience of this situation.

Thanks!

[jeupsy]

I am not sure whether just entering the UK (without staying over 3 months and becoming a student or migrant worker) would be regarded as exercising EU Treaty rights by INIS. Also, I am not sure the mere fact of entering the UK would qualify your spouse; they might want evidence that he obtained a residence card for family member of an EU citizen based on the directive (if I had to take a guess, you would say they will do this).

I would suggest to email the Treaty Rights section at INIS (eutreatyrights@justice.ie) and ask them what kind of evidence they expect for returning Irish citizens and their family members to quality for EUTR. They are usually pretty quick to reply and you will have an answer directly front the people who will be looking at your application.

[EUsmileWEallsmile]

Hello

I am an Irish national living and working in the UK with my non-EEA spouse. My spouse holds an EEA family permit. We have not been living in the UK long and I am looking at work opportunities back in Ireland. My spouse has not applied for a UK residence card yet.

If I find a position in Ireland, can my spouse come to live in Ireland with me with his EEA permit for the UK. Can he apply for an EEA permit for Ireland since we are living in the UK exercising treaty rights. Is there a minimum amount of time that I need to exercise my treaty rights before we can both return to Ireland under the EEA permit route?

Would really appreciate any advice from anyone with experience of this situation.

Thanks!

There is no minimum period of work specified. It would need to have been genuine and effective. The longer the period the better.

A UK residence card would help demonstrate entitlement, but would not be essential as long as you can prove entitlement by other means, eg letter from your employer, evidence that you were both in the UK at the same time.

[Elizabeth06]

I am not sure whether just entering the UK (without staying over 3 months and becoming a student or migrant worker) would be regarded as exercising EU Treaty rights by INIS.

I have full time permanent work in the UK, and will have been working over 6-7 months minimum before I look to go back, my spouse will gave been here for 3-4 months with his EEA permit minimum. The lease of where we are living is in both our names.I have worked for significant periods of time in the UK in the past before I was married, but I imagine that's irrelevant for this.

Thanks for the information on who to email in Ireland.

My query is mostly due to the fact that if I am offered a position in Ireland, I would like to take it, and I need to know the practicalities of moving home with my spouse based on the fact that he currently holds a EEA family permit for the UK.

The information around this on the internet is pretty slim, but other people must have been in similar situations.

I am hesitant to apply for the residence card because I have been told it takes 6 months and that they will keep my passport also, so I will not be able to travel for interviews. Is this the case?

Thanks very much for the replies, appreciate it!

[jeupsy]

OK I overlooked the fact that you are working in the UK sorry, so yes you are clearly exercising Treaty Rights, but I think it is still worth emailing them to confirm they don't require to see a UK residence card for your husband.

About applying for the card, I am not familiar with the UK process and maybe you will have more luck on the UK EUTR forum to get details on this; but at least her in Ireland the send back the passports with the application acknowledgement letter - so it doesn't take 6 months to get them back (though currently they take 2 months to acknowledge ...).

All the best.

[EUsmileWEallsmile]

I have full time permanent work in the UK, and will have been working over 6-7 months minimum before I look to go back, my spouse will gave been here for 3-4 months with his EEA permit minimum. The lease of where we are living is in both our names.

I am hesitant to apply for the residence card because I have been told it takes 6 months and that they will keep my passport also, so I will not be able to travel for interviews. Is this the case?

From what you post, you will be able to re-enter Ireland as a person who has exercised their rights of free-movement. If you are interested in case law, see Singh.

Your spouse can apply for residence card in the UK if they wish. It will cost £55. You can ask for your passport back immediately. If you were to decide to remain in the UK, I would recommend this course of action.

It is not necessary to have a UK residence card to be able to apply for an Irish residence card. Just have proof that you worked and that you lived in the UK with spouse.

[Elizabeth06]

I think it is still worth emailing them to confirm they don't require to see a UK residence card for your husband.

Definitely, thank you, I sent an email this evening.

Thanks for all the info, really helpful to know for when I do get back to Ireland also.

[Elizabeth06]

From what you post, you will be able to re-enter Ireland as a person who has exercised their rights of free-movement. If you are interested in case law, see Singh.

Your spouse can apply for residence card in the UK if they wish. It will cost £55. You can ask for your passport back immediately. If you were to decide to remain in the UK, I would recommend this coursof action.

It is not necessary to have a UK residence card to be able to apply for an Irish residence card. Just have proof that you worked and that you lived in the UK with spouse.

Thank you for that. I will read Singh, I read the European Directive this evening!! A lot of the things I've read focus on UK citizens returning to the UK, rather than the other way around so I wasn't sure if it worked the same.

I didn't realise you could ask for your passport back without the application being withdrawn, applying for a residence card in the meantime sounds like the best thing to do in that case.

Thanks again!