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Irish visit visa EU family members required docs

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acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Irish visit visa EU family members required docs

Post by acme4242 » Wed Nov 26, 2008 11:50 pm

Can someone clarify, does the following EU law/rights derived from 2004/38 cover EU family members, wife and child ,family living outside the EU
Looking for visit visa to Ireland in the company of the EU citizen.

http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html

I have a strange request from the Irish Consulate, that I formally invite my own family, my wife and son, on our holidays, and I must write a letter of invitation to these people I live with.
They said the Letter of Invitation is always needed. Even if we are a family, and travel as family.
Seems wrong. Seems stupid. Can someone clarify my rights.

I think EU law says, all Consulate can ask for is marriage cert, and birth cert. for the non-EEA members.
But checking Irish Consulate websites gives conflicting info.

======================================

EU Law, for non-EEA family member of EU citizen, travel togetother.
Consular officers issuing the visas may not:

* ask you to produce any documents other than a valid passport and documents attesting to your family link with a Union citizen and proof of dependence, where applicable, such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate …
* ask you how much money you have to spend;
* ask you questions regarding the purpose and duration of your trip.

REFERENCES

* Directive 2004/38/EC, Official Journal L 158, 30 April 2004

cantaro
Junior Member
Posts: 62
Joined: Tue Sep 11, 2007 7:55 pm

Re: Irish visit visa EU family members required docs

Post by cantaro » Thu Nov 27, 2008 9:46 am

acme4242 wrote:Can someone clarify, does the following EU law/rights derived from 2004/38 cover EU family members, wife and child ,family living outside the EU
Looking for visit visa to Ireland in the company of the EU citizen.

http://ec.europa.eu/youreurope/nav/en/c ... ex_en.html

I have a strange request from the Irish Consulate, that I formally invite my own family, my wife and son, on our holidays, and I must write a letter of invitation to these people I live with.
They said the Letter of Invitation is always needed. Even if we are a family, and travel as family.
Seems wrong. Seems stupid. Can someone clarify my rights.
Can you please clarify what country you are a citizen of, what country your wife and child(ren) are citizens of, who lives where, and who wants to travel where to visit who? With that information it should be easier to give you advice.

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Thu Nov 27, 2008 2:08 pm

after pushing a little I got the following reply
=================================
I wish to confirm that a letter of invitation for your wife
and child is not required as you are not resident
in Ireland.
=================================

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 3:33 pm
Location: Elsewhere
Contact:

Post by Ben » Thu Nov 27, 2008 2:22 pm

acme4242 wrote:after pushing a little I got the following reply
=================================
I wish to confirm that a letter of invitation for your wife
and child is not required as you are not resident
in Ireland.

=================================
Even if you were resident in Ireland, Directive 2004/38/EC provides that such letter is not required.

Please answer cantaro's questions, so we can have a better understanding of your situation. :)

acme4242
Senior Member
Posts: 604
Joined: Tue Nov 18, 2008 12:03 pm

Post by acme4242 » Thu Nov 27, 2008 2:38 pm

wife Chinese
kid Chinese
me EU
location China

thinking about 2004/38 rights, get your head around this for violation
http://www.embassyofireland.cn/Ireland/ ... Spouse.php

Ben
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Posts: 2685
Joined: Thu Jul 05, 2007 3:33 pm
Location: Elsewhere
Contact:

Post by Ben » Thu Nov 27, 2008 2:41 pm

You are an EU citizen (but not Irish). You are all living together, in China, and wish to enter Ireland for the purpose of visit. Is that right?

Ben
Diamond Member
Posts: 2685
Joined: Thu Jul 05, 2007 3:33 pm
Location: Elsewhere
Contact:

Post by Ben » Thu Nov 27, 2008 3:35 pm

Ok, you probably know this already, but in accordance with Directive 2004/38/EC you and your family "have the right of residence on the territory of another Member State for a period of up to three months without any conditions or any formalities other than the requirement to hold a valid identity card or passport." (Article 6(1)).

However, as citizens of the PRC, your family members require an entry visa in accordance with Article 5(2) of the Directive:
2. Family members who are not nationals of a 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 purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Member States shall grant such persons every facility to obtain the necessary visas. Such visas
shall be issued free of charge as soon as possible and on the basis of an accelerated procedure.
Please also see this page from the Irish Naturalisation and Immigration Service website. Might be an idea to print this and along with the visa applications to the embassy.
If you are the non EEA spouse or the child (under 21 years) of an EU Citizen or the child of the non EEA spouse and wish to join/accompany the EU Citizen in Ireland the following documents are required:

* Application form.
* Passport.
* Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence.
* Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required).
* Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in the State or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover*.
*..or is intending to reside for a period not exceeding three months. They clearly forget to mention this one!

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