Permission to Remain in Ireland as the spouse of an Irish National  

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Kate Reagan
(@katemreagan)
Trusted Member
Joined: 4 years ago
Posts: 78
29/06/2016 5:45 pm  

I can definitely shed some light on the EU Treaty Rights application process. We finally recieved all of the documentation needed and sent it off today, so now we wait.

As soon as possible, print off the EU1 application from the INIS website. You really need to do this within the first 90 days of entering the country, just know it will be denied at first because you have not been in the country for 6 months. However, since the wait time is anywhere between 14 weeks and 6 months, its possible the timing will align and you will be approved at first go. Once you mail it in, you wait for a letter of receipt. Take that letter to your local immigration officer and they will theb issue you a tempora stamp 4. If you have already exceeded your 90 day entry visa before this letter arrives, let your local officer know that you have submitted your application and they will issue you an extension. Once your application is approved your stamp 4 changes to a stamp 4 eu and allows for the freedom of movement; you will also get your gnib card.

It is essential that you have all of your documentation in order before applying, otherwise it will just delay your application and you will be denied. You can appeal with the outstanding documentation. The below information pertains to our circumstance - i am the EU citizen, i am employed, my husband is the qualified spouse.

In addition to filling out the application in its entirety, we needed to provide both of our PPS numbers. So make sure you get those squared away asap. You do need a reason - for ne it was a job, for my husband we just said he was applying for a medical card. The documentation...Colour photocopies of the following:

EU passport - every page even blank ones.
Spouse passport - every page as well.
2 passport photos of EU citizen
2 passport photos of spouse
Certified Marriage Certificate
EU citizen signed employment contract
2 recent payslips
Tax Credit Certificate
Signed Tenancy Agreement
Letters of Registration with Tenancy Board
Utility Bills in Both EU and Spouse names

Once you have all that, send it off and wait 🙂


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Liam
 Liam
(@moveclubadmin)
Prominent Member Admin
Joined: 5 years ago
Posts: 564
30/06/2016 5:22 am  

Wow, thanks Kate. This is really helpful. Based in your experience I'm guessing it's not exactly an enjoyable experience of any sort. But I'm glad that ye seem to have gotten a hold on everything that's needed.
Looking forward to hearing how things turn out.
At some point I'll gather all this stamp 4 info, and post it in a blogpost so it's easier to find/read for others. Really appreciate the updates.

Check out my extremely useful Moving to Ireland FAQ Guide!

@userid mention someone if you'd like to get their attention.


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Kate Reagan
(@katemreagan)
Trusted Member
Joined: 4 years ago
Posts: 78
30/06/2016 9:48 am  

I forgot to mention that an application will need to be filled out for each of your children as well, if they are not EU citizens.

And, to answer your earlier question...yes, technically the spouse or non-eu/eea national cannot work until either the temporary stamp 4 or the stamp 4 eu has been issued. So be prepared that they cannot work for i'd say 3-6 months...depending on how quickly the application is received. The immigration officers did say that if you do start working prior to this just dont tell them. It seems like all you really need to work is the PPS number and it will depend on your employer whether they check your passport for the stamp. I am not saying this is the right thing to do just passing along what we were told.


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Ronnie
(@ronnie29)
Active Member
Joined: 3 years ago
Posts: 12
19/11/2016 1:33 pm  

Hi guys im Ronnie im South African married to abritish/irish citizen. My wife parents both are Irish but she was born in the Uk and has lived almost all her life there we got married in 2014 in South Africa. We have tried the Uk but got refused so we decided to fly to Ireland. On arrival we told the officer our intentions to remain in the country we used her Irish passport and I was given 90 days to register.Unfortunately because of reading to much information we delayed registering because we thought you needed utility and looking for the right house in a good area we went to the immigration department we were told that he only needed the tenancy agreement our passports and marriage certificate.I was registered but was told that because its Dundalk not in Dublin we have to wait for the card to be issued and return to them which takes 2 weeks then when I come to collect it that's when he can stamp my passport. From what I have been reading everyone gets their passport stamped on the same day I might understand that the card has to issued in Dublin and sent to Dundalk. Has been in a similar case and now that my stamp has expired im a bit afraid now even though the officer said its okay you registered on time.


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Liam
 Liam
(@moveclubadmin)
Prominent Member Admin
Joined: 5 years ago
Posts: 564
22/11/2016 3:17 am  

@ronnie29 hey Ronnie, I hope everything works out well for you. Fill us in as your situation changes.

Check out my extremely useful Moving to Ireland FAQ Guide!

@userid mention someone if you'd like to get their attention.


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Ronnie
(@ronnie29)
Active Member
Joined: 3 years ago
Posts: 12
26/11/2016 9:09 pm  

Got my stamp 4 today it took 10 days in total and I was given 3 years not 1 year. Thank you guys for your information and experiences.


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Liam
 Liam
(@moveclubadmin)
Prominent Member Admin
Joined: 5 years ago
Posts: 564
26/11/2016 10:38 pm  

@ronnie29 Sweet! Congrats, Ronnie

Check out my extremely useful Moving to Ireland FAQ Guide!

@userid mention someone if you'd like to get their attention.


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KGee
 KGee
(@kgee25)
New Member
Joined: 3 years ago
Posts: 2
14/12/2016 4:46 pm  

Hi,

I am new to the forum but found it possibly the best source of answers for my current situation.

I am in a same-sex relationships with my Brazilian boyfriend (I am Irish) who is here on a student visa and it will expire next December 2017. We are together 5 months now and just looking at plans for the future and really the options for him to stay in Ireland without us having to get married. We are both 25 so would prefer to get married later.

I am a business owner since the age of 18, so the option to move to Brazil or another country is really not available to us as my business requires me to be in the state.

Our relationship will not be 2 years in duration next year so we will not qualify for the De Facto or do they take less than 2 years into account. We currently do not live together or have any accounts in joint names, just lots of photo's, messages and other documenting our last 5 months.

I am worried that next year will come and we will still be together and be forced to abandon each other if we can not find a way to make this work and get him to live in this country.

Any help is good help at this stage.
Thank you.


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Ronnie
(@ronnie29)
Active Member
Joined: 3 years ago
Posts: 12
14/12/2016 10:20 pm  

Pictures and messages dont cut it. You have to be living together for 2 years. I dont know what your bf is doing hopefully a degree. If it is a degree I suggest he gets ready for a masters degree after he finishes if that works it means you have to start living together have joint utility bills maybe a joint account for your bills. Then it might be easy for him to get another year for him masters in total that would add about to 2 years. Then you eligible to apply for de facto. I think he is able to apply for another year based on him doing his masters. The only option is marriage which you both are not ready for and that would be for the visa which would not be right. Good luck.


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Liam
 Liam
(@moveclubadmin)
Prominent Member Admin
Joined: 5 years ago
Posts: 564
15/12/2016 1:46 am  

De facto info at the following link http://www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships

As Ronnie says you gotta be living together 2 years to qualify. I'm sure relationships are scrutinized very closely for this route.

@kgee25 do you want to leave Brazil ASAP? If not, it might be worth staying and developing your relationship there, ultimately making it easier to move to Ireland together.

P?S. Welcome to the site 🙂

Check out my extremely useful Moving to Ireland FAQ Guide!

@userid mention someone if you'd like to get their attention.


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