Post
by 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!
