non eu and eu family to ireland

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non eu and eu family to ireland

Postby broli » Wed Dec 28, 2011 9:50 am

i just got married with a dansih citizen , in india i am from cameroon
she is living in danemark and came in india under a 6 month tourist visa
she is currently with me.

Do we have the right to move right now in another eu country ( ireland ,)

if yes what kind of visa do i need from india , she under scholarship but willing to work as we rich

in additon i have so many jobs offers (but the dont want to support me for work visa ) will that easy the process?

there is a last question i wanted to add , if i go with her under a schengen
visa , with my job available can i extend my stay in ireland without the need to go
back first in africa? thank you very much....
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Postby adlexy » Thu Dec 29, 2011 1:53 pm

Your Danish Partner/ wife can help you apply for a visit visa to enable both of you travel to Ireland. As provided in Article 5(2), Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. You not only have the right to enter the territory of the Member State (Ireland), but also the right to obtain an entry visa. You should be issued as soon as possible and on the basis of an "accelerated procedure" with a free of charge short-term entry visa.

According to the Directive, as the right to be issued with an entry visa is derived from the family link with the EU citizen, Member States may require only the presentation of a valid passport and evidence of the family link (in your case, maybe, durability of partnership, where applicable). No additional documents, such as a proof of accommodation, sufficient resources, an invitation letter or return ticket, can be required.

After arriving if eventually, you both decided you want to stay in Ireland, your wife can invoke the principle of the Directive 2004/38/EC and exercise treaty rights to obtain EU Family card for you - this EU family card is valid for 5years and will allow you to work in Ireland.

As you are now married, technically, you should not even need a visa as long as you can prove your marriage. However, very unlikely that any airline will allow you to board - Sensible thing to do therefore is get a free visa issued in India on basis of an "accelerated procedure" and save yourself unnecessary distractions at the border posts.

All the best!
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