İm EU citizen, currently living in İreland,Dublin.İ am a student and i am working here as well for 1 year now.For 3 years İ am in relationship with Turkish citizen,so non-EU citizen who need visa to come to İreland.He have never been in İreland and previous 2 years out of 3 i have lived in Turkey with him and now we decided to get married and live in İreland.Would it be more beneficial for us to get married in İreland or in his country?What is the procedure to get married here and what we need to do so he can stay here with me and work in state.?
The European Court of Justice ruled in the case of Metock that
a married couple, irrespective of when can reside with that citizen in the European Union without having previously been resident in another Member State.
However States may still refuse entry and
residence to any citizen on the grounds of public policy, public security or
public health, provided the refusal is based on an individual examination of
the particular case. Member States may also refuse, terminate or withdraw
the right of entry and residence in the case of abuse of rights or fraud,
such as marriages of convenience.
id get married in Turkey if i were you!
You need to give three months notice to the Registrar of Marriages of your marriage. I imagine if you got your boyfriend over here on the basis of a visit visa and got married as soon as possible after that you'd be alright.
You can apply for EU Treaty rights for him as spouse of an EU National immediately after the marriage. It'll go through quite quickly presuming you provide the appropriate documents.
EU Case law gives guidelines as to the circumstances that are appropriate to invoke the public policy/health/security derogations. These derogations are rarely invoked. Re the mariage of convenience thing, the marraige cannot be prevented in this State on the grounds that the Gardaí feel it's a marriage of convenience. As you say, the rights of the Turkish citizen to reside in this state will be revoked if it is deemed a marriage of convenience after the fact. However, you should be fine as you lived in Turkey for two years. Make sure when applying that you document this.