Quote Originally Posted by Robert86 View Post
Hi guys, my wife and I are planning on moving to Ireland, my wife will accompany me.. problem is, as I'm from northern ireland im british , but also have an irish passport although ive never worked or lived in ireland, is it possible for me to go to ireland and use my EU treaty rights there???
Robert, I thought you already applied to the Irish Embassy ?
Subsequently you involved Solvit as the Irish Embassy were asking for additional information.

What has been the result of that?

What happened with your application to go to Spain within treaty rights and the issue of proving marriage?

Sorry if I sound a little confused but you've been trying different EEA routes for over a year now and I not sure what your current status is or what procedures you have been following.

If you want to excercise your EU treaty rights it's essential to follow correct procedures.

Under what nationality status did you recently apply to the Irish Embassy? Irish Citizen or British Citizen?
Under what nationality status did you apply to the Spanish Embassy? Irish Citizen or British Citizen?

In principle Robert, the answer to your question is that the EU Directive applies to all EU Nationals 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)

Means as long as you are not a national of that member state, you may exercise Treaty Rights there.

I remember that way back you applied for the Irish passport so you could exploit the loophole that existed within UKBA rules and the lack of actions by the home office relating to UK Family Permits at that time. I think that was about a year ago.
Many members at that time had their Family Permits granted. That loophole was eventually closed late last year.

But anyway Robert, given that you are now dual national (Irish/British) then technically you cannot exercise Treaty Rights in Ireland or UK as you are a Dual National. You may only return to either (with non-EEA family member) if you have been in another EU state under treaty rights. Maybe that's why the Irish Embassy wanted evidence of previously exercising treaty rights within EU

Hope that makes sense and provide the answer you're looking for

Does that help you?