Spousal Visa EU

expatinator

Hello,

I was wondering on what the situation is with Spousal Visa's while in the EU?

Would my wife, American, be able to stay with me in an EU country if we are married but she is not an Irish citizen?

TheQuietFella

Why can't you ring an embassy to find these things out!!!

Pro Hoc Vice

expatinator wrote: »

Hello,

I was wondering on what the situation is with Spousal Visa's while in the EU?

Would my wife, American, be able to stay with me in an EU country if we are married but she is not an Irish citizen?

Simple answer is yes.

expatinator

Thank you

Is there any other documents/visas to apply for?

Or is a marriage certificate enough?

Pro Hoc Vice

expatinator wrote: »

Thank you

Is there any other documents/visas to apply for?

Or is a marriage certificate enough?

That will depend on the EU country you are going to be applying to. Each country will have its own process.

Speedwell

Pro Hoc Vice wrote: »

Simple answer is yes.

Less simple answer is "yes, but". Nothing prevents an American like me from living with an Irish citizen like my husband elsewhere in the EU so long as we adhere to that individual country's "non-EU" immigration guidelines for spouses.

Pro Hoc Vice

Speedwell wrote: »

Less simple answer is "yes, but". Nothing prevents an American like me from living with an Irish citizen like my husband elsewhere in the EU so long as we adhere to that individual country's "non-EU" immigration guidelines for spouses.

All EU countries must apply the same EU rules to EU citizens moving with family. Example in the UK a UK citizen with a spouse, the spouse must pass certain tests, but an Irish Citizen living in UK with a non EU spouse is exempted from such tests. While each EU country may have different prosesses the law is the same. But of course national rules apply when no EU issue as in a Irish citizen living in Ireland with non EU spouse.

Speedwell

Pro Hoc Vice wrote: »

All EU countries must apply the same EU rules to EU citizens moving with family. Example in the UK a UK citizen with a spouse, the spouse must pass certain tests, but an Irish Citizen living in UK with a non EU spouse is exempted from such tests. While each EU country may have different prosesses the law is the same. But of course national rules apply when no EU issue as in a Irish citizen living in Ireland with non EU spouse.

Oh ffs here http://ec.europa.eu/ireland/the_eu_and_you/faq/mobility/index_en.htm and here http://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm and the directive itself here http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004L0038-20110616

Short answer, "three months". Longer answer, "three months, after which, if you plan to make the non-EU spouse a permanent resident, different rules apply depending on country, primarily that you not be dependent on public assistance".

Also, dual nationals such as people born in Northern Ireland need to be careful about bringing non-EU spouses to Ireland intending to move them later to the UK via the "Surinder Singh" route. Dual citizens cannot exercise "free movement" in a country of which they are a citizen.

Pro Hoc Vice

Speedwell wrote: »

Oh ffs http://ec.europa.eu/ireland/the_eu_and_you/faq/mobility/index_en.htm and http://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm

You are incorrect. We did the research. "EU rules" surprisingly do not apply to EU citizens moving to another EU country to live with non-EU spouses and family. Each country has its own rules for their own citizens and for EU citizens to bring in non-EU spouses. There was a court case that determined this.

You are incorrect, I will provide EU law on the matter, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF . The links you provide do not say that " "EU rules" surprisingly do not apply to EU citizens moving to another EU country to live with non-EU spouses and family." In Metock case Ireland had failed to implement EU law, http://ec.europa.eu/dgs/legal_service/arrets/08c127_en.pdf.Also EU rules apply to a EU citizen returning to their home country, http://brophysolicitors.ie/moving-between-eu-member-states-the-surinder-singh-option/

http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf

Speedwell

Pro Hoc Vice wrote: »

You are incorrect, I will provide EU law on the matter, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF . The links you provide do not say that " "EU rules" surprisingly do not apply to EU citizens moving to another EU country to live with non-EU spouses and family." http://ec.europa.eu/dgs/legal_service/arrets/08c127_en.pdf.Also EU rules apply to a EU citizen returning to their home country, http://brophysolicitors.ie/moving-between-eu-member-states-the-surinder-singh-option/

http://ec.europa.eu/justice/policies/citizenship/docs/guide_free_movement_low.pdf

Surinder Singh most certainly does not apply to a dual-national EU citizen moving from one of their home EU countries to the other EU country, because they are not considered to be exercising "free movement" rights within the EU by so doing.

Pro Hoc Vice

Speedwell wrote: »

Surinder Singh most certainly does not apply to a dual-national EU citizen moving from one of their home EU countries to the other EU country, because they are not considered to be exercising "free movement" rights within the EU by so doing.

I never mentioned dual national, I said if a person from Ireland moves to UK or any EU country the EU rules apply, if that person moves back to Ireland after some time then EU rules still apply. Dual nationals can sometimes be exercising EU rights but that will be fact dependant the McCarthy case is one on point. http://emn.ie/cat_search_detail.jsp?clog=6&itemID=336&item_name=

Speedwell

Pro Hoc Vice wrote: »

I never mentioned dual national

I had, and you responded as if I hadn't.

Pro Hoc Vice

Speedwell wrote: »

I had, and you responded as if I hadn't.

I had not read your responce before I posted. But will respond now.

Pro Hoc Vice

Speedwell wrote: »

Oh ffs here http://ec.europa.eu/ireland/the_eu_and_you/faq/mobility/index_en.htm and here http://europa.eu/youreurope/citizens/residence/documents-formalities/non-eu-family-members-residence-card/index_en.htm and the directive itself here http://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02004L0038-20110616

Short answer, "three months". Longer answer, "three months, after which, if you plan to make the non-EU spouse a permanent resident, different rules apply depending on country, primarily that you not be dependent on public assistance".

Also, dual nationals such as people born in Northern Ireland need to be careful about bringing non-EU spouses to Ireland intending to move them later to the UK via the "Surinder Singh" route. Dual citizens cannot exercise "free movement" in a country of which they are a citizen.

The three moths is all part of the same rules, as I pointed out. You said simply EU rules do not apply, that is incorrect. The rules state that a person must register after 3 months and get the relevant card, which must be free and must allow work. Under EU rules a person can be refused in limited circumstances, but it is EU law.

And a blanket statment that dual nationals can not use EU law is also incorrect, hence why I started my posting with "simple answer Yes" free movemnet is a complex area of law and a forum like this is not a good place to discuss the ins and outs any person in such a position shold seek legal advice from a professional. I have acted in numerous Irish High and SC case on EU immigration, Asylum and SP law, as well as general Irish immigration.

Your statment "Less simple answer is "yes, but". Nothing prevents an American like me from living with an Irish citizen like my husband elsewhere in the EU so long as we adhere to that individual country's "non-EU" immigration guidelines for spouses. " is plain incorrect, an Irish National with a USA spouse going to live in say Germany is covered by free movement its that simple. Yes Germanay will have implemented EU directive in national law but at a minimum National law must give at the very least that which is laid out in the Directive.

expatinator

Can I travel in the schengen zone with my wife?

eurasian

Hi Expatinator.

Your wife will be allowed to live with you in the EU member country. She will need a spouse settlement visa (yes, US citizens need a visa when for staying more than standart 3 months visa-free). She don't need to be an Irish or EU citizen. I'm not an EU citizen living in Ireland for 2 years now. Each country's regulation are slightly differ from other but the common requirements will be marriage certificate, proof of sufficient funds/employment and all the standart things like passports, application etc. Basically you both or at least one of you must have a proof that you can support your family.
This is a very general information. You have to contact the embassy of the country you want to move clarify on how to apply.

Yes, you can travel withing Schengen with your wife.