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Living outside EEA with EEA wife and willing to move EEA

Living outside EEA with EEA wife and willing to move EEA

Old Jan 6th 2017, 11:05 am
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Default Living outside EEA with EEA wife and willing to move EEA

Hello everyone. I am from Pakistan and living here with my UK national wife. She got her passport through her UK national mother and my wife has never been to UK.
Now i am willing to move EEA country most probably to Ireland. Our first priority is to move to UK but as she is living with me, she cannot fulfill income requirement of UK. So i think Ireland is better option for us.

Can someone guide us how can we move to ireland? or refer to some good articles
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Old Jan 6th 2017, 11:23 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by umairzafars
Hello everyone. I am from Pakistan and living here with my UK national wife. She got her passport through her UK national mother and my wife has never been to UK.
Now i am willing to move EEA country most probably to Ireland. Our first priority is to move to UK but as she is living with me, she cannot fulfill income requirement of UK. So i think Ireland is better option for us.

Can someone guide us how can we move to ireland? or refer to some good articles
She would need to sponsor you for an EEA residence permit.

I looked into it once when I was contacted about a job opportunity but never proceeded with it because the process looked to be quite lengthy and complicated and, with respect, my spouse is from a far more favourable non-EU country than you are.

Good luck.
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Old Jan 6th 2017, 11:32 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by umairzafars
Hello everyone. I am from Pakistan and living here with my UK national wife. She got her passport through her UK national mother and my wife has never been to UK.
Now i am willing to move EEA country most probably to Ireland. Our first priority is to move to UK but as she is living with me, she cannot fulfill income requirement of UK. So i think Ireland is better option for us.

Can someone guide us how can we move to ireland? or refer to some good articles
Your best bet is always here
Types of residence permission for non-EEA nationals


If you are a non-EEA national whose partner is an EU national you can apply for a residence card under EU Treaty Rights if you have proof of a durable relationship of at least 2 years. If you are granted permission to remain you will not need an employment permit.
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Old Jan 6th 2017, 12:07 pm
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by Moses2013
Your best bet is always here
Types of residence permission for non-EEA nationals


If you are a non-EEA national whose partner is an EU national you can apply for a residence card under EU Treaty Rights if you have proof of a durable relationship of at least 2 years. If you are granted permission to remain you will not need an employment permit.
Thanks for your time. Do we need to travel to ireland for filing residence card or we can apply from outside ireland? If we need to travel to ireland then can we both my and wife travel together? and link says that the processing time is minimum 10 months and i cannot live there for more than 3 months on visit visa.
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Old Jan 6th 2017, 2:13 pm
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by umairzafars
Thanks for your time. Do we need to travel to ireland for filing residence card or we can apply from outside ireland? If we need to travel to ireland then can we both my and wife travel together? and link says that the processing time is minimum 10 months and i cannot live there for more than 3 months on visit visa.
You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.
In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.
EU Treaty Rights
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Old Jan 6th 2017, 5:02 pm
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by Moses2013
You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.
In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.
EU Treaty Rights
Thank you. I will definitely consult you if i need more information.
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Old Jan 9th 2017, 8:39 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by Moses2013
You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.
In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.
EU Treaty Rights
If I am UK citizen and daughter UK citizen but wife is non-EEA citizen, and currently I am taking time off work, then

1. Does wife need visa or is she granted entry at airport with proof of marriage and copy of my passport ?

2. My understanding is before three months is up she can apply for residency card, and stay in country in decision reached ? Can she work in that period ?

3. If she is offered job within the 3 months can she take it ?

4. Is there a financial requirement to be met for approval of he residency card ?

Thanks for any response or links to any article.
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Old Jan 9th 2017, 9:20 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by morpeth
If I am UK citizen and daughter UK citizen but wife is non-EEA citizen, and currently I am taking time off work, then

1. Does wife need visa or is she granted entry at airport with proof of marriage and copy of my passport ?

2. My understanding is before three months is up she can apply for residency card, and stay in country in decision reached ? Can she work in that period ?

3. If she is offered job within the 3 months can she take it ?

4. Is there a financial requirement to be met for approval of he residency card ?

Thanks for any response or links to any article.
As far as I can see is that your spouse would need to fill out following form: http://www.inis.gov.ie/en/INIS/Form%...Form%20EU1.pdf




You should apply as a Qualifying Family Member on Form EU1 if you are:
  • the spouse or civil partner of an EU citizen

This is also a good site:
https://sinnott.ie/visa-applications...f-eu-citizens/


The Applicant must prove:

(i) that there is an EU citizen from whom they can derive rights from under the Directive;
(ii) the existence of the required relationship as either a qualifying or permitted family member;
(iii) that they will be accompanying or joining an EU citizen who is or will be exercising free movement rights at the time of the arrival of the family member in Ireland. The EU citizen must be working or self-employed or in a full-time course of study and have sufficient resources to support themselves and their family members without recourse to public funds.
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Old Jan 9th 2017, 9:28 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

(iii)


It is important to include evidence in the application of the employment, study or financial self sufficiency of the EU national. This may take the form of a letter from the employer and certified copies of payslips to show recent wage payments, letters and proof of fee payment form third level institutions where the EU national is studying or financial documents such as bank statements where the EU national is non-economically active. If the EU national is not currently in employment and is not studying evidence of finances should be given, as well as appropriate information on job prospects or qualifications that may potentially lead to employment opportunities.
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Old Jan 9th 2017, 2:24 pm
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by Moses2013
You can apply for a single journey short-stay C visa which will permit you to enter and reside in the State for up to 3 months.
In the event that you wish to remain in the State for more than 3 months as a family member of an EU citizen exercising their free movement rights, you must apply (when in the State) for a Residence Card of a family member of a Union citizen. Information about how to apply is available here.
EU Treaty Rights
As you know we(my and my wife) are planning to move together so she does not have any employment status in Ireland and we don't know if she can get job there before i apply for the Residence Card and eventually i have to apply on the basis of Sufficient Resources. Do you know how much resources we should have to become eligible for this category?
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Old Jan 10th 2017, 6:59 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by umairzafars
As you know we(my and my wife) are planning to move together so she does not have any employment status in Ireland and we don't know if she can get job there before i apply for the Residence Card and eventually i have to apply on the basis of Sufficient Resources. Do you know how much resources we should have to become eligible for this category?
In the application leaflet it just mentions the following (see Point E no figure): If you want to move to UK, maybe the Surinder Singh Route might be an option but other members in the UK section might be able to help you there and there are several threads. A quick Google and you'll see here under this link https://robynthegraduate.wordpress.com/ss/






http://www.inis.gov.ie/en/INIS/Form%...%20Leaflet.pdf




An EU citizen residingin the State exercises their rights under the Regulations and the Directive byengaging in one of the following activities, asoutlined in Regulation 6(2) of the Regulations. An EU citizen must be engagedin one or more of these activities in order for a familymember to qualify for a residence card under EU Treaty Rights.




A. Employment


Where the EU citizenis working for an employer in the State. This may include vocational trainingprogrammes and some nonproprietary directors of aregistered company.


B. Self-employment
Where the EU citizenis a sole trader, engaged in a business partnership, or is a proprietarydirector of a registered company operating in theState.


C. Study


Where the EU citizenis engaged in a course of study with a qualifying and accredited educationalinstitute or college in the State, while possessingcomprehensive sickness/health insurance in respect of themselves, their spouse,and any dependants.




D. Involuntaryunemployment


Where the EU citizenhas been employed in the State for more than one year but has become involuntarilyunemployed, and has
registered as ajob-seeker with a relevant office of the Department of Social Protection.


E. Residing withsufficient resources


Where the EU citizenhas sufficient resources to maintain themselves and any dependants in theState, while possessing comprehensive sicknessinsurance in respect of themselves, their spouse, and any dependants. A personresiding on this basis must have sufficientresources such that they would not become an unreasonable burden on the socialassistance system of the State

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Old Jan 14th 2017, 11:33 am
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Default Re: Living outside EEA with EEA wife and willing to move EEA

Originally Posted by umairzafars
As you know we(my and my wife) are planning to move together so she does not have any employment status in Ireland and we don't know if she can get job there before i apply for the Residence Card and eventually i have to apply on the basis of Sufficient Resources. Do you know how much resources we should have to become eligible for this category?
Work is not the only way for her to exercise EEA treaty rights. She can be class as exercising her EEA treaty rights by being in full time education. She can always look for a college or university course in Ireland before the three months is up.
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