Posted by Scott on September 4, 2008, 10:10 am, in reply to "Re: Irish citizens spouses"
159.134.204.130
Let me see if I understand the question. I think you're asking when your wife can get a permanent resident's visa based on the fact that she is married to an Irish citizen - a very, very new Irish citizen.
If I've restated your question correctly, then the answer is I'm not sure. I've read through and reread several of the lengthy laws regarding foreign nationals and EU citizens and this question is not specifically addressed anywhere that I can find. But, then, I'm not a lawyer and somewhere in the subsections and cross referencing, I may have missed something.
The one thing I can find is this paragraph from the FAQ that the Irish Immigration and Naturalisation Service provides on the very recent European Court of Justice ruling on the rights of spouses of EU citizens.
--------------
Q What should I do if my circumstances change?
A If your circumstances change, such as a change of address or a change in family status, you must inform INIS in writing immediately. All such communications in these matters should be addressed in writing ONLY (e- mail is not acceptable for this process) and sent via REGISTERED POST ONLY to:
EU Treaty Rights Section
Irish Naturalisation & immigration Service
13/14 Burgh Quay,
Dublin 2
--------------------
You'll find this document on the INIS site home page or go directly to the FAQ at http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights%20FAQs#circumstances
What I would do if I was in your shoes is call the local Immigration office/Garda station and ask for clarification from an immigration official. This is the kind of thing that they're trained for or, if they have questions, can call the head honchos for answers.
Be assured, as an Irish citizen, you have a lot of rights and contacting the officials for clarification won't trip some wire that sends the police rushing to your door. Quite the opposite.
I'd call myself, but inevitably when I do, I am asked for details that I can't supply (how long you've been married, your address, current status of the non-EU national, etc. etc.) and they always tell me to have the concerned individual call.
That's what I suggest you do.
Scott
--Previous Message--
: Hi Scott
: My question is : When does the spouse get
: the rights from the day the citizenship is
: granted to the husband or wife ,how does
: she/he upgrade her/his present category?
: --Previous Message--
: Yes. An Irish citizen, by whatever route
: taken
: to become such, has the same rights as every
: other Irish citizen.
:
: From the government's Citizen Information
: Leaflet No 3:
:
: Naturalisation of spouses of Irish citizens
: If you are married to an Irish citizen and
: living in the island of Ireland, you may
: meet special conditions for naturalisation
: based on that marriage if:
: ��
: You are of full age (i.e. eighteen years or
: older, or married if younger than eighteen).
: ��
: You are of good character.
: ��
: You are married to your Irish citizen spouse
: for a period of not less than 3 years.
: ��
: Your marriage is recognised under the laws
: of the State as subsisting.
: ��
: You and your Irish citizen spouse are living
: together as husband and wife and your Irish
: spouse submits to the Minister an affidavit
: in the prescribed form to that effect.
: ��
: You have had immediately before the date of
: the application a period of one year’s
: continuous residence in the island of
: Ireland, and
: ��
: You have had, during the 4 years immediately
: preceding that period, a total residence in
: the island of Ireland amounting to 2 years.
: ��
: You intend in good faith to continue to
: reside in the island of Ireland after
: naturalisation and
: ��
: You make a declaration of fidelity to the
: nation and loyalty to the State (see below
: for the point in the process at which this
: is required).
:
: Check out the full document at
:
: http://www.inis.gov.ie/en/INIS/Irish_Citizenship_Information_Leaflet_No.%203.pdf/Files/Irish_Citizenship_Information_Leaflet_No.%203.pdf
:
: Scott
:
:
: --Previous Message--
:
: What about the residence permit given to non
: EU spouses of EU citizens.It exempts them
: from the requirements of work permit,does it
: apply also to spouses of irish citizens by
: naturalisation?
:
: --Previous Message--
: From what I understand (I could be wrong
: though) the three years starts from the day
: you obtained your citizenship. I found this
: very odd (I will be a citizen soon and my
: wife and I have been married for 16 years -
: she won't be a citizen for another three
: years !)
:
: --Previous Message--
: Say I have just been granted irish
: citizenship
: by naturalisation.My wife has been staying
: with me for the past four years. Does she
: meet the requirement of three years of
: residence to apply for citizenship? or the
: three years start from the day I acquired
: citizenship?
:
:
:
:
:
:
:
:
:
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