US Citizen returning to IRE with Irish Spouse

KateofSpade

Please forgive me if this has been covered before.

Info on the GNIB site is kind of confusing.

My husband (who is Irish) have recently returned to Ireland.

I am a US citizen who previously lived in Ireland with my husband from 2003-2008. My GNIB card expired in 2012.

We have returned to Dublin as of two weeks ago. We are renting a house.

My husband and I will be traveling into Burgh Quay to renew/reapply for me to remain and work in Ireland.

Is there checklist of documents that we need to bring to the GNIB?

There also seems to be a "rumour" that you must apply in writing to the Marriage to Irish National Section of the Irish Naturalisation and Immigration Service before we can go to GNIB? This application could take up to 12 months (yikes!)

Many thanks for your advice

TeaBagMania

Here is a good place to start...

http://www.citizensinformation.ie/en/moving_country/moving_to_ireland/rights_of_residence_in_ireland/residence_rights_of_family_members.html

KateofSpade

Hi - Thanks for the link..I had read that and other links within that page that has led to the question I posted.

TeaBagMania

Seems like most of the questions are answered here, look under “How do I apply” for a list of documents to bring with you. I would visit the Garda with the aforementioned documents and ask them the best course of action depending on your circumstance i.e. Work visa requirements, stay at home mom, etc. they should be able to confirm or deny and rumors you might have heard

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

Dandelion6

It's mainly visa-required nationals who are subject to that write-to-INIS-and-wait-a-year rule. As a US citizen you may well be given your Stamp 4 and sent on your way.

Cushie Butterfield

Provided that you have all the necessary documentation with you at the time & it's in order I can't foresee you having any problems.

Apart from mariage cert, both passports, your expired GNIB card the only other thing you'll need proof of is that you are living together. This should be in the form of joint bank account statements, joint tenancy/rental/mortgage agreement, utility bills in joint names addressed to where you currently live.

Providing you have satisfied the immigration officer that you are still in a bona fide relationship the process should be pretty much straightforward.

KateofSpade

Soooo please don't judge - although that may be justified...

Do most potential employers actually check for proper documentation? I have been doing preliminary job hunting.... I havejust been offered a 4 week assigment....what are the chances that they will actually check my docs...When I was here 2002 they didnt ask for anything or quite lax....have they clamped down?

Pro Hoc Vice

KateofSpade wrote: »

Soooo please don't judge - although that may be justified...

Do most potential employers actually check for proper documentation? I have been doing preliminary job hunting.... I havejust been offered a 4 week assigment....what are the chances that they will actually check my docs...When I was here 2002 they didnt ask for anything or quite lax....have they clamped down?

It is a criminal offence for a non national to work with out permission, and its a criminal offence for a person to employee a non national with out correct permission.

The main legislation is Employment Permits Act 2003 as amended in 2006 and 2014.

KateofSpade

Thank you...I shall be patient till spouse joins me in two weeks time...(gulp)

KateofSpade

Thank you..

KateofSpade

Just an update - no problem at all. Just needed utility bill, passport and my old GNIB card. The wait was the most painful part.

Saipanne

Pro Hoc Vice wrote: »

It is a criminal offence for a non national to work with out permission, and its a criminal offence for a person to employee a non national with out correct permission.

The main legislation is Employment Permits Act 2003 as amended in 2006 and 2014.

Non national?

Pro Hoc Vice

Saipanne wrote: »

Non national?

Yes a non national it's the correct term as set out in legislation and replaces alien.

Saipanne

Pro Hoc Vice wrote: »

Yes a non national it's the correct term as set out in legislation and replaces alien.

Oh, this person is stateless then?

sunshine and showers

Saipanne wrote: »

Oh, this person is stateless then?

No, they are just not an Irish national.

Pro Hoc Vice

Saipanne wrote: »

Oh, this person is stateless then?

Did I say that. This is a question about immigration, in immigration law in Ireland the term "non national" has a specific meaning as set out in legislation.

http://www.irishstatutebook.ie/1999/en/act/pub/0022/sec0001.html#sec1

"“non-national” means an alien within the meaning of the Act of 1935 other than an alien to whom, by virtue of an order under section 10 of that Act, none of the provisions of that Act applies;"

http://www.irishstatutebook.ie/1935/en/act/pub/0014/sec0002.html#sec2

"2.—In this Act the word “alien” means a person who is not a citizen of Saorstát Eireann."

I will happily use the term alien but will be accused of saying the person is from Mars.

Words in the legal field can often have a different meaning to the ordinary meaning. If you have an issue with either alien or non national the dept. of justice is only a letter away.

Cushie Butterfield

Saipanne wrote: »

Oh, this person is stateless then?

Having no nationality (being stateless) & being a non-national of a particular country are two entirely different statuses.