Transfer of EU Treaty rights from another country
Liam, thanks heaps for this wonderful website, and for all the helpful tips you've shared. A massive thanks to everyone who's shared their experiences.
May I trouble you all with a question of my own (I'd posted it elsewhere but realised it was the wrong thread, so I am reposting it here)?
A bit of background info: I am a non EU, visa required national. I currently hold an EU family member card issued in the Netherlands through my Irish national partner (we applied for it through the EU treaty rights path). I have enjoyed EU rights for the past two years, my card is for 5 years. We have decided to move to Ireland, and I wonder whether you have any information on transferring EU family member rights from one EU country to another?
The Irish Embassy here in The Netherlands informed us that I should be able to register in Ireland and retain the same rights I enjoyed whilst living in Netherlands. They are, however, not providing us with any detailed information on how to go about the process once we arrive in Ireland. All available information on the immigration website, and threads here only deal with the first time registration, and approval, for EU rights. I'm curious whether I will need to go through the process of application afresh? But then, the more I think about it the more I think it will be redundant to reapply for rights I've already been granted. I understand that I will not lose my EU rights by moving to a new country, as I will be making the move with my partner. Do you have any insight into this?
Welcome to the site, and thanks for the question. Unfortunately it is not one I have encountered before and therefore don't have a straight answer for you. I am happy to help you research though.
Can you tell me what rights does an EU treaty application afford you, that an application for Stamp 4 permission in Ireland would? I'm interested to know more.
I hope you don't mind, but I separated this into a new topic. I think it's deserving of it's own place. I hope you will update it as you find out more, as will I. Thanks, @martha.
Do you need answers? Schedule a time to talk with me.
Hi Liam, thanks!
My understanding is that my current non-EU family member card affords me the same rights as those enjoyed by people with stamp 4 EU in Ireland. That is, a right to live and work in Ireland (in my current situation, the Netherlands). In addition, non-EU family member card allows the holder to: (i) travel throughout the EU without a need for a visa; (ii) it's a long term residency (a minimum of 5 years residency), which gives a direct path to permanent residency upon the expiry of the initial 5 years; and (iii) the most important, the holder enjoys the same rights accorded to EU citizens.
Hi Liam and everyone who might be interested in this issue.
I just wanted to give an update.
I traveled to Ireland using my Dutch issued EU family member card, and informed immigration that I was moving to settle in Ireland. They stamped my passport (indicating I was an EU citizen family member), gave me 6 months to formalise the transfer and sent me on my way.
Both my partner and I filled in EU 1 form, and provided a copy of my EU family member card, letter from Dutch immigration that granted me the EU rights, tenancy agreement, private health insurance (Irish provider), partnership agreement, and both our previous work contracts in the Netherlands (we are both still not working but that was not an issue, it was enough to show that we did work in the Netherlands). We received a letter within 3 weeks granting me temporary residency rights pending final determination, and were directed to go to the local Gardai station for registration. I was later given a residency card (only rights in Ireland, and I had to apply for a re-entry visa when I traveled abroad within that time) . Two months later, I received the final decision granting me 5 years residency, right to travel in and out of the EU, and direction to apply for permanent residency 6 months before the expiry of the 5 years. Overall, smooth and stress free process.
Happy to answer any questions.