IRISH CITIZEN + EUFAM + STAMP 4 EUFAM APPLICATION

irishbosnian

Hi Boarders,

I was wondering if anyone can give me some insight into some topics for my non-EEA spouse, Its really hard to get my head around it :S ...

My partner (Indian) and I currently live in Spain. I am an irish Citizen and she holds a "Residence card of a family member of a union citizen" in Spain.

We applied for this card in Spain and since I am practicing my EU treaty rights in a member EU/EEA state she is entitled to have this card here. She is currently allowed to work here and reside for the next 5 years here.

We have lived here for almost 2 years and I have been employed throughout our stay here, I was always employed. According to the INIS website if I return to Ireland with my spouse, I would be considered an EU Citizen :

"Generally, no. The Directive applies to Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (Article 3 of Directive 2004/38/EC)

Exceptions to this apply in cases where the third-country national family member has previously held a “residence card of a family member of a Union citizen” which has been issued by another Member State under Article 10 of the Directive, and the Irish national and their family member have subsequently moved to Ireland."


So according to INIS my spouse would be able to apply for the STAMP 4 EUFAM card.

I wanted to get clarity on the following points:

1. Do I need to be in Ireland to make the application? Since my spouse got a job offer there and they are not willing to provide a work permit, maybe ill join her later

2. If I go there with her, What is the first thing we should do? GNIB or Stamp 4 EU Fam...

3. Will she get the stamp on the same day of the GNIB appointment? ( For example we land in Ireland , Book an appointment in GNIB for the next week, then be given a TEMP stamp 4 on the spot?, while the application is in process?)

4. For a temp stamp 4 would it take long?

5. Do we need to have an Address in ireland for the application? Or can we use our spanish current address?, because it would take long to get a utility bill etc.

6. I am not planning to start work immediatly..... I want my spouse to work... anyways i have sufficient means etc ( I worked previously in ireland for 4 years with p60´s etc) .. will this be a problem if i dont work?

Sorry for such a long thread hehe,.... But i am sure in future somebody will also benefit from this xD....


Thanks in Advance everyone....

Regards,

Mustafa

Really Interested

irishbosnian wrote: »

Hi Boarders,

I was wondering if anyone can give me some insight into some topics for my non-EEA spouse, Its really hard to get my head around it :S ...

My partner (Indian) and I currently live in Spain. I am an irish Citizen and she holds a "Residence card of a family member of a union citizen" in Spain.

We applied for this card in Spain and since I am practicing my EU treaty rights in a member EU/EEA state she is entitled to have this card here. She is currently allowed to work here and reside for the next 5 years here.

We have lived here for almost 2 years and I have been employed throughout our stay here, I was always employed. According to the INIS website if I return to Ireland with my spouse, I would be considered an EU Citizen :

"Generally, no. The Directive applies to Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (Article 3 of Directive 2004/38/EC)

Exceptions to this apply in cases where the third-country national family member has previously held a “residence card of a family member of a Union citizen” which has been issued by another Member State under Article 10 of the Directive, and the Irish national and their family member have subsequently moved to Ireland."


So according to INIS my spouse would be able to apply for the STAMP 4 EUFAM card.

I wanted to get clarity on the following points:

1. Do I need to be in Ireland to make the application? Since my spouse got a job offer there and they are not willing to provide a work permit, maybe ill join her later

2. If I go there with her, What is the first thing we should do? GNIB or Stamp 4 EU Fam...

3. Will she get the stamp on the same day of the GNIB appointment? ( For example we land in Ireland , Book an appointment in GNIB for the next week, then be given a TEMP stamp 4 on the spot?, while the application is in process?)

4. For a temp stamp 4 would it take long?

5. Do we need to have an Address in ireland for the application? Or can we use our spanish current address?, because it would take long to get a utility bill etc.

6. I am not planning to start work immediatly..... I want my spouse to work... anyways i have sufficient means etc ( I worked previously in ireland for 4 years with p60´s etc) .. will this be a problem if i dont work?

Sorry for such a long thread hehe,.... But i am sure in future somebody will also benefit from this xD....


Thanks in Advance everyone....

Regards,

Mustafa

I may be misunderstanding your question. But to clarify you must move to Ireland full time and then your spouse can apply for EU Fam 4.

Yes a temporary permission is usually granted.

irishbosnian

Thanks for the reply "Really Interested"...

I am planning not to work for a while when I come back to Ireland, since I am Irish i thought this wouldnt be a problem.... Do you think its possible to go to Ireland and submit the application based on our spanish address? Or is it a MUST to have an irish address?...

Also would she be able to get the TEMP stamp without proof of an irish address when we arrive? And would she be able to get it on the spot? We are planning to stay in a friends home to avoid paying rent for a while...

Thanks in advance,
Mustafa

Really Interested

irishbosnian wrote: »

Thanks for the reply "Really Interested"...

I am planning not to work for a while when I come back to Ireland, since I am Irish i thought this wouldnt be a problem.... Do you think its possible to go to Ireland and submit the application based on our spanish address? Or is it a MUST to have an irish address?...

Also would she be able to get the TEMP stamp without proof of an irish address when we arrive? And would she be able to get it on the spot? We are planning to stay in a friends home to avoid paying rent for a while...

Thanks in advance,
Mustafa

The retention of free movement rights mean you must have returned to Ireland. A temporary address is fine, but if that address is in Spain how can you prove residence in Ireland.

irishbosnian

Thank a lot for your responses...

do u think i need to be present in ireland during the application? .. since i still have another 2 months in work here in spain, and my spouse would like to work at least on the temp stamp while the application is in process.. do u think it would be possible for her to get a temp stamp on the same day... provided I am there for the appointment?

Really Interested

irishbosnian wrote: »

Thank a lot for your responses...

do u think i need to be present in ireland during the application? .. since i still have another 2 months in work here in spain, and my spouse would like to work at least on the temp stamp while the application is in process.. do u think it would be possible for her to get a temp stamp on the same day... provided I am there for the appointment?

If you are working and residing in Spain under EU free movement how can you be resident in Ireland under the same law.

You need proper legal advice from a solicitor in Ireland.