Non-EU Spouse of Irish Citizen - living/ working in Ireland

davidf88

Hi Everyone, I was wondering if someone could help me with this question - My girlfriend and I will be married soon, and I'm an Irish citizen.

I'm trying to figure out how she could come to live and work in Ireland. However the rules seem to be very restrictive -

After checking this page
http://www.inis.gov.ie/en/INIS/Pages/WP07000024

It says that in order for the non- EU spouse to gain right of residence it must be shown that the Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of "Policy Document on Non-EEA Family Reunification".

This states that the Irish citizen must have been earning in excess of €40,000 for the three years preceding the marriage.

As I have been working abroad for the past few years, I do not anticipate my salary being above this level for some time (I am currently working abroad but will be commencing employment in Ireland soon at a salary below that level). Does this mean there would be an automatic refusal of an application for the right to reside?

Is there another way/ permit to apply for? After having looked through work permits and such it seems they are contingent on her already having a job offer. And Visas only seem to be for three months. And I don't think EU Directives on spouses of EU citizens will apply as we have not been residing together in other EU states so no free movement issues are engaged

Any help would be much appreciated!

Pro Hoc Vice

Where abroad are you working? Is it in a EU country?

davidf88

No, it's not an EU country. I don't think any EU law will apply. I'm wondering about what the Irish provisions are and whether there are any possibilities

Pro Hoc Vice

davidf88 wrote: »

No, it's not an EU country. I don't think any EU law will apply. I'm wondering about what the Irish provisions are and whether there are any possibilities

EU would have applied if you as an Irish Citizen lived in EU country and your partner, joined you there and then after a number of months you moved back to Ireland, then your application would be under EU law not domestic law.

Your best bet is to get advice from a good immigration Solicitor in Ireland on this matter.

davidf88

Hi Infosys, thanks for your feedback.

Yes I know EU law law would have applied in that situation, unfortunately that isn't the case.

Ultimately I may find an immigration solicitor, but I'm trying to do a bit of research on my own before I do that

Pro Hoc Vice

davidf88 wrote: »

Hi Infosys, thanks for your feedback.

Yes I know EU law law would have applied in that situation, unfortunately that isn't the case.

Ultimately I may find an immigration solicitor, but I'm trying to do a bit of research on my own before I do that

The new "guidelines" are so new I doubt there will be much info about real world applications and info is going to be thin on the ground.

Also you say you font think you will earn the required €40k, but that's over 3 years not per year.

"17.2 An Irish citizen, in order to sponsor an immediate family member, must not have been totally or predominantly reliant on benefits from the Irish State for a continuous period in excess of 2 years immediately prior to the application and must over the three year period prior to application have earned a cumulative gross income over and above any State benefits of not less than €40k."

That's about €13k a year from my reading.

chaoclive

Yeah - note that it's 40k over 3 years....not each year! That might help?


I know you have a job offer but, if you really can't meet the financial requirement, you might want to consider EU law and move to the UK to 'exercise your treaty rights' by working there? Northern Ireland would be fine. A good thing about N.I. is that you (as an Irish citizen) can still arrange for your spouse to apply for Irish citizenship after having been with you in N.I. for 3 years (see the INIS website for details on naturalization). You can apply for an EEA family permit from the closest British Embassy (details on the UKBA website).

You might want to check out forums such as: www.immigrationboards.com/www.britishexpats.com (I know you're not British but there are useful discussions there) and www.uklgig.com (specifically aimed at lesbian/gay immigration; it may not be directly applicable for you, but there is some good info available there).

Hope this helps a bit.

All the best!
C

MadsL

Well this is new.

If I'm reading this correctly according to the OP only the middle-class may apply.

After the utterly disgusting way GNIB used to behave before an appeals system was brought in, nothing surprises me. But how is this even constitutional?

seb65

davidf88 wrote: »

Hi Everyone, I was wondering if someone could help me with this question - My girlfriend and I will be married soon, and I'm an Irish citizen.

I'm trying to figure out how she could come to live and work in Ireland. However the rules seem to be very restrictive -

After checking this page
http://www.inis.gov.ie/en/INIS/Pages/WP07000024

It says that in order for the non- EU spouse to gain right of residence it must be shown that the Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of "Policy Document on Non-EEA Family Reunification".

This states that the Irish citizen must have been earning in excess of €40,000 for the three years preceding the marriage.

As I have been working abroad for the past few years, I do not anticipate my salary being above this level for some time (I am currently working abroad but will be commencing employment in Ireland soon at a salary below that level). Does this mean there would be an automatic refusal of an application for the right to reside?

Is there another way/ permit to apply for? After having looked through work permits and such it seems they are contingent on her already having a job offer. And Visas only seem to be for three months. And I don't think EU Directives on spouses of EU citizens will apply as we have not been residing together in other EU states so no free movement issues are engaged

Any help would be much appreciated!

Is she a visa required national? You can look that up.

If she's not a visa required national, once you're married, she could come in on a tourist visa. Then you guys can go to GNIB with your passports, marriage cert and proof of joint address and get her a stamp four card.

Pro Hoc Vice

MadsL wrote: »

Well this is new.

If I'm reading this correctly according to the OP only the middle-class may apply.

After the utterly disgusting way GNIB used to behave before an appeals system was brought in, nothing surprises me. But how is this even constitutional?

€13k a year middle class. But in relation to the constitutional point, considering recent high and Supreme Court decisions I'm not sure it is unconstitutional. But the question will be raised under EU law like the Zambrano decision. But it's all ahead.

MadsL

infosys wrote: »

€13k a year middle class. But in relation to the constitutional point, considering recent high and Supreme Court decisions I'm not sure it is unconstitutional. But the question will be raised under EU law like the Zambrano decision. But it's all ahead.

What about the rights of the disabled relying on welfare payments? May they not marry who they like?

davidf88

Thank you for all your help

Infosys and Chaoclive I think you're right! I was reading the section wrongly. That does shave off some time indeed. It would still be about 15 months before I reached that mark though. Perhaps less if I was able to apply earnings from work abroad... hopefully I would be able to

And the thing is she is thinking about applying to accountancy firms - and they offer jobs from about a year after you interview, so we're hoping she could get some kind of permission to work in the first year so that she could go to interview in the first year of my return saying that she has permission to work, and she would then have the job lined up for the next year. It's a tricky situation.

@seb65, yes I was trying to look into the possibility of the GNIB stamp route but she's a visa required national unfortunately. Interestingly on the INIS website it says that you can go the GNIB stamp four route if you are a:

visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas)

So now I'm wondering can I get her in the State on some kind of temporary basis so that we can rock up to the GNIB and say stamp please!

God it's such a hassle. I used to think that if you were married that was it, so long as you didn't get married obviously for residence purposes

Pro Hoc Vice

MadsL wrote: »

What about the rights of the disabled relying on welfare payments? May they not marry who they like?

That may be a very good case to bring, but considering the view the Irish courts have taken in the past I would think it may require litigation unless Justice take a reasonable view. As I said in an earlier post the guidelines are very new will be interesting to see how they work out.

johnnyskeleton

MadsL wrote: »

What about the rights of the disabled relying on welfare payments? May they not marry who they like?

Irish immigration rules don't prevent people from getting married. They are free to marry someone from X country and live there.

The Minister for Justice doesn't have to give residence to the spouses of Irish nationals who are not entitled in themselves to live here.

antgal23

Hi

According to the link you posted, there are 2 ways to get your wife to Ireland.

Option 1: its not possible to get a Tourist visa then once in Ireland get your wife residency visa.

[FONT=Verdana, Helvetica]A). If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):

[FONT=Verdana, Helvetica]To my mind, your wife would need to apply for an initial 3 month residency visa from the country she currently is living, you of course would forward / DHL her the documents proving you live in Ireland (tenancy agreement, utilities, tv license, job contract, bank statement etc) to support her application.

Option 2:

[/FONT][/FONT]
[FONT=Verdana, Helvetica]. If you do not have current permission to remain in the State a written application must be made to the following address

[/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]The financial requirements only come into play if your wife is illegal in the State. If you follow Option 1 she wouldnt be illegal.

Also, if you are thinking of moving to NI worth considering the new financial requirments there.

I am an Irish citizen with a UK p/port + Non EU wife and they have a new a Directive December 2012 stating that the spouse needs to be earning 18K pounds, the couple should have 18K in savings(or s.thing like that)[/FONT][/FONT][FONT=Verdana, Helvetica][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica] [/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]and that I have a job lined up in the UK which earns 18 K[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica].

[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]I could be totally wrong about all of this but this is how I understand it[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]
[/FONT][/FONT]

davidf88

Thanks antgal23.

Is there a 3 month residency visa? I haven't found such a thing for a visa required national. The only short term visa that I can find for a visa required national is the short stay visa "C" visa, which can't be extended. If you know of such a visa, and could post a link to the page, I'd appreciate it a lot

chaoclive

Antgal23: The new UK rules that you mention exist, but your figures are a little off.

You need a job with 18600GBP or you can rely on savings of 62500GBP (there are also many other combinations of the two). Of course there are many other conditions beyond the financial stuff.

See here for more info (if you're interested): http://www.bbc.co.uk/news/uk-22806941
http://www.ukmarriagevisa.com/income-threshold-requirement


The Irish rules now apply to everyone: "The purpose of this document is to set out a comprehensive statement of Irish national immigration policy in the area of family reunification. The policies outlined in this document will apply to all decision making in the immigration system in relation to family reunification cases in a harmonised way, incorporating both visa applications and the various leave to remain processes.": http://www.embassyofireland.cn/visa.php?eid=32:

chaoclive

I think the one that the other poster means is: 'Join Family'.

See the following links:

http://www.inis.gov.ie/en/INIS/Pages/I%20am%20an%20Irish%20national.%20My%20spouse%20is%20a%20visa%20required%20national.%20Do%20they%20need%20a%20visa%20to%20visit%20or%20live%20in%20Ireland

http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#Family_Member_of_Irish_Citizen. See the section entitled: "Family Member of Irish Citizen - visa application document required"

davidf88

Thanks Chaoclive. I had seen those pages before but I wasn't sure if they constituted a visa in their own right or if they were just describing requirements under other visas

For example on the "join family" page it doesn't say how long a "join family" visa is or what category of a visa it is - i.e. is it a C category visa, a short stay one, or a D category, a long stay one, or a different category. It's strange. Perhaps I'm missing this info somehow but I can't see it anywhere!

antgal23

I read that INIS doc and it says on 17.2

http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf

d must over the three year period prior to application have earned a cumulative gross income over and above any State
benefits of not less than €40k.

so I must have misunderstood the first doc then

http://www.inis.gov.ie/en/INIS/Pages/WP07000024

antgal23 wrote: »

Hi

According to the link you posted, there are 2 ways to get your wife to Ireland.

Option 1: its not possible to get a Tourist visa then once in Ireland get your wife residency visa.

[FONT=Verdana, Helvetica]A). If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):

[FONT=Verdana, Helvetica]To my mind, your wife would need to apply for an initial 3 month residency visa from the country she currently is living, you of course would forward / DHL her the documents proving you live in Ireland (tenancy agreement, utilities, tv license, job contract, bank statement etc) to support her application.

Option 2:

[/FONT][/FONT]
[FONT=Verdana, Helvetica]. If you do not have current permission to remain in the State a written application must be made to the following address

[/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]The financial requirements only come into play if your wife is illegal in the State. If you follow Option 1 she wouldnt be illegal.

Also, if you are thinking of moving to NI worth considering the new financial requirments there.

I am an Irish citizen with a UK p/port + Non EU wife and they have a new a Directive December 2012 stating that the spouse needs to be earning 18K pounds, the couple should have 18K in savings(or s.thing like that)[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]and that I have a job lined up in the UK which earns 18 K[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica].

[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]I could be totally wrong about all of this but this is how I understand it[/FONT][/FONT][FONT=Verdana, Helvetica][FONT=Verdana, Helvetica]
[/FONT][/FONT]

antgal23

My figures were more of a guide for the OP - cheers

re: the second point - the inis site was misleading I found- it was nt until I read the Dec Policy 2013 doc did I realise that the financial reqs is for e/one

chaoclive wrote: »

Antgal23: The new UK rules that you mention exist, but your figures are a little off.

You need a job with 18600GBP or you can rely on savings of 62500GBP (there are also many other combinations of the two). Of course there are many other conditions beyond the financial stuff.

See here for more info (if you're interested): http://www.bbc.co.uk/news/uk-22806941
http://www.ukmarriagevisa.com/income-threshold-requirement


The Irish rules now apply to everyone: "The purpose of this document is to set out a comprehensive statement of Irish national immigration policy in the area of family reunification. The policies outlined in this document will apply to all decision making in the immigration system in relation to family reunification cases in a harmonised way, incorporating both visa applications and the various leave to remain processes.": http://www.embassyofireland.cn/visa.php?eid=32:

antgal23

the 3 months visa thing is for ( I understand) non eu spouses of eu citizens wishing to move to Ireland and not for Irish citizens

davidf88 wrote: »

Thanks antgal23.

Is there a 3 month residency visa? I haven't found such a thing for a visa required national. The only short term visa that I can find for a visa required national is the short stay visa "C" visa, which can't be extended. If you know of such a visa, and could post a link to the page, I'd appreciate it a lot

chaoclive

Yeah, there is a 3 month residency visa for non-EEA family members of EEA citizens under Freedom of Movement, Directive 2004/38/EC. Not applicable to Irish citizens in Ireland unless that person has worked in another EEA country for a period of time and had their non-EEA spouse with them (Search: Surinder Singh)

antgal23

@ chaoclive

ive a related qn to this that I posted on another thread but could be relevant here

if a person has an irish and uk p/port with a non - eu wife, and wants to relocate back to ireland , could this person do so using the uk p/port and exercise treaty rights?

would the fact he has kids with irish p/ports also be a factor?

chaoclive wrote: »

Yeah, there is a 3 month residency visa for non-EEA family members of EEA citizens under Freedom of Movement, Directive 2004/38/EC. Not applicable to Irish citizens in Ireland unless that person has worked in another EEA country for a period of time and had their non-EEA spouse with them (Search: Surinder Singh)

Pro Hoc Vice

antgal23 wrote: »

@ chaoclive

ive a related qn to this that I posted on another thread but could be relevant here

if a person has an irish and uk p/port with a non - eu wife, and wants to relocate back to ireland , could this person do so using the uk p/port and exercise treaty rights?

would the fact he has kids with irish p/ports also be a factor?

It would depend on the facts of the case. Did the person ever live in the UK if so for how long, where is the person relocating to Ireland from?

There was a EU case where a women in the UK with UK and Irish citizenship tried to invoke treaty rights but the Eutopean Court if Justice said as she never lived in Ireland other than holidays that domestic rules applied, see McCarthy case C-434/09. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009J0434:EN:HTML

chaoclive

Well, the UK are rejecting applications from dual citizens now. They don't accept applications for EEA family permits from applicants whose spouse holds both a UK and another EEA passport (e.g. Irish).

In theory, the INIS should (but may not) reject people who have both Irish and British passports. The law says that they should but I'm not sure if they check as thoroughly as they might do. E.g. the UK application form for a residence card asks if you have British citizenship. If you do, you have to fulfill the rules for the Surinder Singh route.

I'm also a dual national (from N. Ireland) and I've just applied to renounce British citizenship. That way, I hope to be only Irish and be able to bring my spouse back to N. Ireland (the UK) as the spouse of an Irish national working in the UK.

Check out the info on these forums: www.britishexpats.com and www.immigrationboards.com (even though most of it is about British people wanting to use Surinder Singh via Ireland and then back to the UK; in theory it should work in the same way).

If you have specific questions, you could always pose them to the EU Treaty Rights section at INIS (email under contacts on INIS website).

Hope this helps a little
CC

antgal23

I have both Irish and UK pports

I was born in NI, lived there until 24 then moved abroad.

My family and I curently live in Georgia and we want to relocate back to Ireland

infosys wrote: »

It would depend on the facts of the case. Did the person ever live in the UK if so for how long, where is the person relocating to Ireland from?

There was a EU case where a women in the UK with UK and Irish citizenship tried to invoke treaty rights but the Eutopean Court if Justice said as she never lived in Ireland other than holidays that domestic rules applied, see McCarthy case C-434/09. http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CELEX:62009J0434:EN:HTML

antgal23

thanks alot CC

didnt realise that it could work the other way (Irish citizen with non eu wife exercising treaty rights in NI)

thats got me thinking

so would you reside and work in NI and then invite your wife over or how would it work exactly?

chaoclive wrote: »

Well, the UK are rejecting applications from dual citizens now. They don't accept applications for EEA family permits from applicants whose spouse holds both a UK and another EEA passport (e.g. Irish).

In theory, the INIS should (but may not) reject people who have both Irish and British passports. The law says that they should but I'm not sure if they check as thoroughly as they might do. E.g. the UK application form for a residence card asks if you have British citizenship. If you do, you have to fulfill the rules for the Surinder Singh route.

I'm also a dual national (from N. Ireland) and I've just applied to renounce British citizenship. That way, I hope to be only Irish and be able to bring my spouse back to N. Ireland (the UK) as the spouse of an Irish national working in the UK.

Check out the info on these forums: www.britishexpats.com and www.immigrationboards.com (even though most of it is about British people wanting to use Surinder Singh via Ireland and then back to the UK; in theory it should work in the same way).

If you have specific questions, you could always pose them to the EU Treaty Rights section at INIS (email under contacts on INIS website).

Hope this helps a little
CC

chaoclive

Residence outside the EEA doesn't help in the slightest. I recommend that you put your question in more detail on the Immigration Boards forum (website noted above). Plus: read my post above.

Dual citizenship is a really sticky issue at the moment...

chaoclive

antgal23 wrote: »

thanks alot CC

didnt realise that it could work the other way (Irish citizen with non eu wife exercising treaty rights in NI)

thats got me thinking

so would you reside and work in NI and then invite your wife over or how would it work exactly?

My plan is to work as an Irish person in Northern Ireland (I have already applied to renounce British citizenship). It, in theory, should work but it's always a little risky as I also haven't stayed in another EEA country with my civil partner (same sex partnership).

Fingers crossed that they don't pull me up on the fact that I'm from Northern Ireland. Although, I haven't been resident in Europe for the past 7 years... I've been in China SO I may have lost 'residence' in the UK...which would be super!

antgal23

you may be leaving yourself open a bit

what financial reqs are needed for an Irish person exercising treaty rights?

chaoclive wrote: »

My plan is to work as an Irish person in Northern Ireland (I have already applied to renounce British citizenship). It, in theory, should work but it's always a little risky as I also haven't stayed in another EEA country with my civil partner (same sex partnership).

Fingers crossed that they don't pull me up on the fact that I'm from Northern Ireland. Although, I haven't been resident in Europe for the past 7 years... I've been in China SO I may have lost 'residence' in the UK...which would be super!

Pro Hoc Vice

antgal23 wrote: »

you may be leaving yourself open a bit

what financial reqs are needed for an Irish person exercising treaty rights?

Any person exercising treaty rights can not have any financial requirements put on them. An Irish person returning to ireland after exercising treaty rights in EU is entitled on return to the EU rules not domestic.

If a dual national attempts to exercise treaty rights it will depend on the facts of the case as per McCarthy.

chaoclive

Yeah...it is a bit risky...but failing that I will just go to work in another European country and then go to the UK.

I think the only issue that I might have is being an Irish national who has always resided in Northern Ireland. If I worked in another country and became 'resident' there after 3 months I think this would resolve the issue. If not, then I'll apply under the Irish spouse visa regulations.

Pray for me!

antgal23

whole thing is mad and it seems very much a live issue

with 3 kids i dont have the luxury of moving around

ill read up on it and then decide

i may end up applying for the irish spouse visa route even if it means moving there and waiting for 6 months

chaoclive wrote: »

Yeah...it is a bit risky...but failing that I will just go to work in another European country and then go to the UK.

I think the only issue that I might have is being an Irish national who has always resided in Northern Ireland. If I worked in another country and became 'resident' there after 3 months I think this would resolve the issue. If not, then I'll apply under the Irish spouse visa regulations.

Pray for me!

chaoclive

Mad indeed...but there's always the option to apply for the Irish spouse visa if you're going to the ROI.

I'd check that new list of requirements from Dec 2013 as well as the info on the Embassy site where you will be apply for the visa at.

All the best to you and your family! Hope it works out.
C

PS：I'd still recommending looking at immigrationboards.com

antgal23

cheers CC

I read the 2013 doc - only thing that throws me is the financial reqs for kids - lets see

im actually on immigration boards now

good luck with e/thing!

chaoclive

Don't your kids have Irish passports? If not, you should get them for them before coming back! That way they're not immigrating...they're just coming home.

antgal23

kids all have Irish p/ports from birth

they arent the issue - its my wife who needs the visa

chaoclive wrote: »

Don't your kids have Irish passports? If not, you should get them for them before coming back! That way they're not immigrating...they're just coming home.

Fawad88

Hi every body I need a help if any of you have the relevant information it would be much appreciated.
I am non-EEA family members of EEA citizen ( Spouse of Irish national ) and I had applied for my residence permission in Oct,2016 now I got response from the dept. they are asking some more information plus proves if my wife fulfil the 17.2 of policy document . My wife dose not fulfil the criteria of 17.2 , so what should I do in this situation what options do I have,
we are legally married here in Ireland since 08,2016 and have a one month daughter now .
any kind of help would be much appreciated Thanks.

Chimichangas

Fawad88 wrote: »

Hi every body I need a help if any of you have the relevant information it would be much appreciated.
I am non-EEA family members of EEA citizen ( Spouse of Irish national ) and I had applied for my residence permission in Oct,2016 now I got response from the dept. they are asking some more information plus proves if my wife fulfil the 17.2 of policy document . My wife dose not fulfil the criteria of 17.2 , so what should I do in this situation what options do I have,
we are legally married here in Ireland since 08,2016 and have a one month daughter now .
any kind of help would be much appreciated Thanks.

They are now starting to deal with your visa application, so do it carefully. But probably honestly also.
I dont know what 17.2 means.??

Fawad88

Chimichangas wrote: »

They are now starting to deal with your visa application, so do it carefully. But probably honestly also.
I dont know what 17.2 means.??

Thanks for your time and kind advise,
17.2 is
"An Irish citizen, in order to sponsor an immediate family member, must
not have been totally or predominantly reliant on benefits from the Irish
State for a continuous period in excess of 2 years immediately prior to
the application and must over the three year period prior to application
have earned a cumulative gross income over and above any State
benefits of not less than €40k"
And i am not sure what should i do now .

mdebets

If you are living near enough to the border, you could move to Northern Ireland. This would automatically grant you the right to reside with your wife there. After some time (don't know the exact time frame and what will happen after Brexit), you can move to Ireland and your right to live with your wife here will automatically continue.

Fawad88

mdebets wrote: »

If you are living near enough to the border, you could move to Northern Ireland. This would automatically grant you the right to reside with your wife there. After some time (don't know the exact time frame and what will happen after Brexit), you can move to Ireland and your right to live with your wife here will automatically continue.

How does it work ? Do i have to move and apply there as well for the permission to remain ??

mdebets

Fawad88 wrote: »

How does it work ? Do i have to move and apply there as well for the permission to remain ??

Don't know about the specifics on how to apply, but if an EU citizens moves to another EU country (of which he is not a citizens), he can exercise his EU right for his spouse and children to live with him in the country.



Just found this

Which family members can join me in the UK?
Any family members can join you if they are also *European Economic Area* (EEA) nationals and they do not need to obtain a *visa* or *entry clearance*.

You can also be joined by family members even if they are not *EEA*nationals:
A family member for these purposes includes:
your spouse or civil partner
children and grandchildren aged under 21 or who are dependent on you
your parents, grandparents, great grandparents or other relatives if you can
show they are dependent on you.

If your family members are non-*EEA* nationals they will need to apply to a British Embassy/High Commission for a family permit (unless they are only coming for a short time). A family permit can be obtained from British embassies or consulates without paying a fee.

The website of the Foreign and Commonwealth Office lists the British embassies abroad with
telephone and fax numbers and email addresses. The website address is www.fco.gov.uk.

Really Interested

Fawad88 wrote: »

How does it work ? Do i have to move and apply there as well for the permission to remain ??

It is EU treaty rights the EU citizen must move and work study etc.) in the other EU country, then that person can apply for family member to be with them. Under Singh case after 6 months the couple if they move back to home of EU citizen then EU law continues to apply.