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Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Old Aug 10th 2018, 2:51 am
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Default Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Hi,

My wife and I are moving to Dublin in the near future, we are currently in Canada as I have a work permit here and she joined me as a tourist to visit. I am a UK citizen and she is Brazilian. We applied for her "accompanying Non-EU/EEA family member" short stay visa at the end of May and unfortunately we are still waiting for any kind of update on its progress after numerous calls and misinformation given to us by the Irish embassy in Ottawa. We are unsure when we will receive an answer, so if anyone has gone through this process recently and knows a rough timescale please let us know!

So we are wondering if a Non-EU/EEA Spouse can enter ROI as a tourist and apply for the relevant family visa/residence card as my spouse without leaving the country?

We are considering cancelling the original application so our passports will be returned, jump on a plane to Dublin, ill find work and will therefore be exercising treaty rights as an EU citizen, then she can apply for the visa or residence card (whichever is correct) once we are in the country. Does that sound like a feasible plan? I cant find any information to suggest that she would need to leave the country to make the visa application? Although I have read hundreds of pages recently so its possible I missed something.

Thanks in advance,

Lee
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Old Aug 10th 2018, 4:46 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Brazilian citizens do not require a visa to travel to the Republic of Ireland - you can state your intentions at the border on arrival.
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Old Aug 10th 2018, 5:57 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Thanks for the reply. I had previously read that if my wife did not have a “Residence card of a family member of a Union citizen” then we would need to apply for a short stay visa before entering if she wished to apply for a residence card once I was employed in Ireland. See link.

inis gov ie/en/INIS/Pages/Family+Members+of+EU_EEA+_Swiss+citizens

So are you saying that we would be able to arrive at the border, explain our intention is for me to find work and my wife to apply for a residence card thereafter? I have read so many differing pages recently I just want to be sure im not missing something here.

Many thanks,

Lee
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Old Aug 10th 2018, 11:17 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

“Can” is the active word on that link. For those requiring a visa to travel to Ireland then it’s necessary but it’s not a requirement if you don’t. Your last paragraph outlines the correct course of action.
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Old Aug 11th 2018, 4:46 am
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without leaving

Thankyou again for the response. I guess reading so many pages of information can make you interpret things in the wrong way! Will get on and cancel and be on our way! Thankyou so much.
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Old Sep 4th 2018, 5:33 am
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without lea

Originally Posted by BritInParis View Post
“Can” is the active word on that link. For those requiring a visa to travel to Ireland then it’s necessary but it’s not a requirement if you don’t. Your last paragraph outlines the correct course of action.
Please forgive my hijacking of this thread with a quick question but myself (UK citizen) and unmarried partner of over 2 years (US citizen) are currently living in Australia and wrestling with the UK migration system to spend time closer to my family in UK.

Would it be possible for us to simply fly to Ireland (myself as UK/EU citizen and my partner as tourist on visa waiver), for me to secure employment and then apply for my partner to remain with me in Ireland? (without the need for her to leave the country pending any visa grant)

This seems almost too straightforward in light of my experiences with immigration systems in Australia and UK but I would be delighted to live and work in Ireland if my partner was able to join me indefinitely in order to be a short flight away from family in the UK

I should state I have no interest in the Surinder Singh route and would happily remain in Ireland if it was an option for us

Many thanks
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Old Sep 4th 2018, 7:00 am
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without le

Originally Posted by SMRL View Post
Please forgive my hijacking of this thread with a quick question but myself (UK citizen) and unmarried partner of over 2 years (US citizen) are currently living in Australia and wrestling with the UK migration system to spend time closer to my family in UK.

Would it be possible for us to simply fly to Ireland (myself as UK/EU citizen and my partner as tourist on visa waiver), for me to secure employment and then apply for my partner to remain with me in Ireland? (without the need for her to leave the country pending any visa grant)

This seems almost too straightforward in light of my experiences with immigration systems in Australia and UK but I would be delighted to live and work in Ireland if my partner was able to join me indefinitely in order to be a short flight away from family in the UK

I should state I have no interest in the Surinder Singh route and would happily remain in Ireland if it was an option for us

Many thanks
You could do although being unmarried does complicate the situation somewhat. You would need to provide evidence that you were in a ‘durable relationship’ with your partner in order to qualify. Brexit will also mean that this option is time-limited.

Does your partner have any recent British, Irish or other European ancestry?
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Old Sep 4th 2018, 7:18 am
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without le

Originally Posted by BritInParis View Post
You could do although being unmarried does complicate the situation somewhat. You would need to provide evidence that you were in a ‘durable relationship’ with your partner in order to qualify. Brexit will also mean that this option is time-limited.

Does your partner have any recent British, Irish or other European ancestry?
Many thanks for replying so quickly.

Sadly she doesn't have any recent ancestry that is helpful. Her great-grandfather was born in Ireland but her grandfather and father were both born in the US and did not take any action to maintain citizenship/connection to Ireland.

You mention that being unmarried complicates the matter, is this only through the need to evidence it is a durable relationship? I will have to research what this entails but we have been living together "akin to marriage" (yes I have been reading too much UK visa terminology recently) well over 2 years. I am hopeful evidence of joint accounts, living together etc would evidence this.

I realise this is a crystal ball question, but in a worst case scenario of no deal, UK bombs out of EU in March 2019, would this shut the door on the above route or would a pending application likely be honoured? (i.e. rules at time of application applied rather that at time of decision). I ask because the likelihood of actioning the above and being granted residence for my partner before March is slim. Getting there, getting a job and submitting an application probably, any more seems unlikely
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Old Sep 7th 2018, 2:05 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without le

Originally Posted by SMRL View Post
Many thanks for replying so quickly.

Sadly she doesn't have any recent ancestry that is helpful. Her great-grandfather was born in Ireland but her grandfather and father were both born in the US and did not take any action to maintain citizenship/connection to Ireland.

You mention that being unmarried complicates the matter, is this only through the need to evidence it is a durable relationship? I will have to research what this entails but we have been living together "akin to marriage" (yes I have been reading too much UK visa terminology recently) well over 2 years. I am hopeful evidence of joint accounts, living together etc would evidence this.
Correct. It does make life easier if you are married but it's not necessary to be married if you have all the relevant evidence showing you to be in a durable relationship.

I realise this is a crystal ball question, but in a worst case scenario of no deal, UK bombs out of EU in March 2019, would this shut the door on the above route or would a pending application likely be honoured? (i.e. rules at time of application applied rather that at time of decision). I ask because the likelihood of actioning the above and being granted residence for my partner before March is slim. Getting there, getting a job and submitting an application probably, any more seems unlikely
Good question. I don't know. However British citizens have a special status in the Republic of Ireland separate to their EU citizenship meaning you could sponsor your partner for a de facto partnership visa if necessary. Unlike the UK there are no financial requirements.
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Old May 14th 2019, 12:30 am
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without lea

Hello,
My wife is Spanish and am non EU.
Were you working throughout the process of the StampEU4?
I sent my EU1 form on 9th of may and from you information provided here, it takes just 2 weeks before they replied you.
I sent our Marriage certificate,
My kids birth certificates because they were born here,
My wife's payslips (4) and her letter of employment
All my Passport pages and same as my wife
My kids Passports
Letter from city council because they are in one in charge of our accommodation.
Copies of our PPSN
Letter from the doctor confirming my kids are with us here
Statement of account in her name and also in our names
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Old May 14th 2019, 1:49 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without lea

Hi Seun,

It took 5 weeks to receive our first letter from EU Treaty Rights regarding the EU1 application. We made our application on the 21st August 2018 and I began working on 3rd September 2018. We had to send additional information once I had a job and a PPS number etc.

Seems like you have sent most of the things they require, hopefully your letter will arrive soon and should ask you to go and register with the Garda if they don't require any further information.

If you have any other questions don't hesitate to ask.
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Old May 14th 2019, 6:05 pm
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Default Re: Can Non-EU/EEA Spouse enter as Tourist and apply for family visa without lea

Thanks
Originally Posted by lee8889 View Post
Hi Seun,

It took 5 weeks to receive our first letter from EU Treaty Rights regarding the EU1 application. We made our application on the 21st August 2018 and I began working on 3rd September 2018. We had to send additional information once I had a job and a PPS number etc.

Seems like you have sent most of the things they require, hopefully your letter will arrive soon and should ask you to go and register with the Garda if they don't require any further information.

If you have any other questions don't hesitate to ask.
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