# Exercising EU rights in Ireland with non-EU spouse



## clare155 (May 21, 2013)

I wonder if someone could clarify something for me. I am British, and my husband is Fijian. We would like to relocate to the UK using the EU treaty rights/Surinder Singh route. We must first live and *work* in an EU country for six months to be on the safe side. We have decided on Ireland, as I have always wanted to live there for a while, and seems like a good option for us. 

I would like some advice on the border crossing. 

Are we allowed to arrive together at the border, coming from a non-EU country? Or do I need to already be in Ireland for my husband to join me?

My husband does not need an entry visa for Ireland, so do we literally just turn up together at the border with our passports and marriage certificate? As I understand it they are not allowed to demand any other documentation from us.

What do we actually say to them to stop them just giving us a tourist visa - something about exercising our economic treaty rights?

I assume we don't need to show any kind of return flights - but will the airline allow us to board the plane? Flying from Fiji we would have to go via Australia and Dubai, will there be problems at the airports?

I'm aware that we must register with immigration within three months of being there for a residence card, which can take up to six months. I am not really worried about that, just more about getting across the border, as it's a long way back to Fiji!!

I would really appreciate any advice on this matter  Many thanks.


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## clare155 (May 21, 2013)

Also, I found this information on the Irish Naturalisation and Immigration Service website (altered for irrelevant detail): http://www.inis.gov.ie/en/INIS/Pages/Join Family#NON_EEA_Family_Member_of_EU_Citizen

Spouse/Child/Partner- Qualifying Family Members who wish to *ACCOMPANY* EU Citizen to Ireland – Reside

If you are the non EEA spouse and

you wish to ACCOMPANY the EU Citizen to Ireland the following documents are required:

Fully complete the online *application form*, and submit your signed summary application form, and *photographs*.

In addition to the signed summary application form, please also submit a *signed letter of application*

* Passport*

In the case of a married couple,* Marriage Certificate *– evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence

The applicant should, if intending to reside in Ireland beyond 90 days, make an application for a Residence Card of a family member of an EU Citizen to the EU Treaty Right Section, 13-14 Burgh Quay, Dublin 2.


So my husband and I will need to present all of these documents at the Irish border, and then we should be able to get into Ireland, is that correct? Have many people done this? Feeling a little worried


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## Joppa (Sep 7, 2009)

As your husband doesn't require a visa, you can just turn up together at Irish border. Because of common travel area, you should go direct to Ireland without going through UK so that your husband will be properly stamped in. Then you should apply for his residence card at Irish Immigration Office in Dublin by post. There may be an option for personal application, so do check. 

Just a couple of warnings for Surinder Singh route. Don't underestimate the difficulty of securing a legit, proper job in Dublin with contract and on payroll, not cash-in-hand without papers. Employment situation is pretty dire with massive unemployment. Plus the expense and bother of securing short-term tenancy. Once you get a job and work for 3-6 months, getting EEA family permit for your husband shouldn't be too difficult but allow a couple of weeks.


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## clare155 (May 21, 2013)

Thanks Joppa, that is a relief that we can just turn up at the border 

I am concerned about getting a job, and the rent in Dublin does seem awfully high. At the moment I can't see an alternative option for us, as we are not very flexible on spending any more time apart! I am going to do some further research, but before I make a final decision I just wanted to check whether we COULD actually go there, and you have helped with that 

Many thanks


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## alinarob (Jul 16, 2013)

Hi Clare155, 
My husband and I are in a similar situation. We are thinking about going the Ireland route. I am american and he is English . I was wondering if you had any success with your situation ? I was living in the uk and accidentally overstayed, and have since returned to the us to work while my husband continues to work in the uk. 

kind regards


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