Non- EEA family member of EEA Citizen on the basis

Directive 2004/38/EC (Free Movement Directive)

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A client from the Philippines is married to an Irish Citizen for a year and would want to join his husband in Ireland, but due to the financial requirements of 17.2 of the eligibility of the sponsorship criteria of the family reunification policy document 2013. As stated the sponsor must over a three year period prior to application have earned a cumulative gross income over and above any State benefit of not less than 40,000 Euro, but due to the previous circumstances of the sponsor where he has not able to earn and provide evidence of such documents of earning either as employed or self employed and never access any social benefit in the State by that time, therefore it would a been difficult for him to meet such eligibility for him to sponsor his immediate family member (spouse) to join him in Ireland under the prevailing Ireland national visa laws as such above.

In addition to this, because he is also a British Citizen and he had exercise his Euro Treaty Rights for living in Bulgaria and the UK for a while and now returning to Ireland, pursuant to the directive - The Directive applies to all 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). The wife may apply for a single journey short-stay C visa which will permit her to enter and reside in the State for up to 3 months (or more), and apply for the residence card of a family member of a Union Citizen upon entering into the state, on which the residence card may be issued in less than 6 months upon filing the application with supporting documents.

It should be noted that when the spouse applies for the short stay “C” visa, in considering for the type of visa when applying, an applicant would essentially state in the application clearly that he/she is a family member of an EU citizen who wants to exercise the free movement rights under the directive. Also, please note the merits of the application will not be subject to an excessive demand of ruling when assessing the application i.e., social, economic, or professional ties of her/his country of residence, as again we refer to the context of Regulations Directive 2004/38/C as outlined in  Articles 5(2) and 10(1), as below;

(2). Family members who are not nationals of Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purpose of this Directive, possession of the valid

residence card referred to in Article 10 shall exempt such family members from the visa requirement.

(1). The right of residence of family members of a Union citizen who are not nationals of a Member State shall be evidenced by the issuing of a document called “Residence card of a family member of a Union citizen” no later than six months from the date on which they submit the application. A certificate of application for the residence card shall be issued immediately.

However, application for this type of visa will be assessed on an individual basis, circumstances and evidentiary documents pursuant to the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, for the permission for permitted family members of Union citizens to enter the State. The Application may also subject for the refusal on the following grounds;

(4) Without prejudice to any rights or entitlements which a permitted family member may have, on an individual basis, under these Regulations, a permitted family member may not be refused permission to enter the State unless –

(a) following the examination referred to in paragraph (2), the Minister is not satisfied that the person concerned is a permitted family member,

(b) he or she is suffering from a disease specified in Schedule 1, or (c) his or her personal conduct has been such that it would be

contrary to public policy or would endanger public security to grant him or her permission to enter the State.

  (5) Where the Minister refuses permission to enter the State

pursuant to paragraph (4), he or she shall notify the person concerned of the reasons for such refusal.

  

Source: INIS