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mrskarabucak · Newbie Joined: 10 Sep 2012 Posts: 8 Location: belfast

My husband is a turkish citizen living with me in Belfast on an EEA2 visa. We are hoping to go on holiday this year and would be travelling from dublin. Can anyone advise us if this is ok?

Thanks

Rachel

sum1 · - thin ice - Joined: 16 Aug 2012 Posts: 208

So you want to know if your husband's UK issued residence card (RC) entitles you to entry into Ireland and if you would have any problems with the airline or Irish immigration on exit and entry from and back to Dublin? By way of EEA law this is indeed possible and this has also been direclty implemented into Irish immigration law. But I remember a time when the Irish Embassy in GB claimed that this would not be possible because the wording in the amendment was not exactly the same as the wording on an UK RC. I can't find that statement anymore and do not know what has come of it. Anyway, you may want to check out some of the threads in this subforum which discuss reports from actual experience.

mrskarabucak · Newbie Joined: 10 Sep 2012 Posts: 8 Location: belfast

I no that he can get entry into Ireland, due to a misunderstanding we had a few months ago when we tried to cross the border to visit some friends down south and we both got pulled of the bus like 2 criminals and taken to the police station in Dundalk, has to be one of the most embarrassing times of my life! anyway the police told us that we were allowed to enter Ireland with my husbands visa, but I'm just worried weather or not he will be allowed to travel from dublin airport and then back to dublin airport from another country as I know how pickinity people can be about these things. Just wanna check that we have all the right details before booking anything Smile

Directive/2004/38/EC · Posted: Mon Sep 10, 2012 2:29 pm Post subject:

sum1 · - thin ice - Joined: 16 Aug 2012 Posts: 208

Hopefully the border police knows as much as the police in Dundalk! You may encounter them also on exit if they do exit checks.

It may depend mostly on the airline then. The "better" ones should be able to check their database, typically the Timatic webpage, e.g. here through Delta.

mrskarabucak · Newbie Joined: 10 Sep 2012 Posts: 8 Location: belfast

The irish garda took us of the bus just as we crossed the border from newry, they went around checkeing everyones id, both me and my husband just showed them our norther irish bank cards they then asked my husband for more id he showed them his passport with his EEA family permit visa in it and his certificate of application stating that he was also waiting on his residency card coming. the garda then went of the bus for about 5 minutes and came back and took us of the bus, they took us back to the police station in Dundalk took my husbands pictures made him sign something saying he had been refused entry into Ireland. They also called the ukba and told them what had happened saying that they were just checking he wasnt an illegal immigrant, this made us afraid that his residency card wouldnt have been accepted.

My citizenship is Irish, I live in Northern Ireland but im sure you know about the situation here which entitles us to the right to dual citizenship and yes im working.

God im glad i made this wee post about wanting to go on holiday it's given me so much more info that i wouldnt have even thought about Smile

Directive/2004/38/EC · Posted: Mon Sep 10, 2012 10:50 pm Post subject:

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4568

mrskarabucak · Newbie Joined: 10 Sep 2012 Posts: 8 Location: belfast

yes they gave us a copy of what my husband had to sign took hi picture and 'expelled' him from Ireland, though they did tell me that I was free to continue on my journey. They took us to the bu station in dundalk to travel back to the north, though we did eventually get across the border thanks to a lovely taxi man Smile

yeah i told them everything they were asking us questions about when we got married, how long we had been married, how long my husband had been here n weather either of us were working on the way to the police station, from what you guys are telling me im now thinking that they realised they made a mistake n just didnt wanna make thmselves look like idiots.

I never complained to anyone it never even crossed my mind, should i have?

after this posting im printing out everything here and all the links you guys have given me for travelling from now on to save any hassle Smile

Directive/2004/38/EC · Posted: Tue Sep 11, 2012 12:06 pm Post subject:

I arrived at the Irish border (Dublin Airport) with my wife and they were required to let her in. They did not like it, but were required.

They should definitely not have expelled you. But at least they gave you a nice paper trail! I would definitely complain!
_________________
Directive 2004/38/EC lays out free movement rules for EU citizens and their non-EU family members
See blog

mrskarabucak · Newbie Joined: 10 Sep 2012 Posts: 8 Location: belfast

hey guys

i emailed the european advice at the weekend about my cocerns about travelling from dublin for some advice and this is what i recieved back

Dear M Karabucak,

thank you for your enquiry.
It is the fact that following Art.2 of directive 2004/38 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:en:PDF) you, as the husband of a Union citizen, count as a family member and are thus entitled to full free movement when travelling together with your wife.
As a 3rd country national though you need a so-called residence card (cp. Art.9,10,11 of the directive). The issue of the residence card may take up to 6 months. A certificate of the application, however, is issued immediately. The residence card must be issued to you (by the alien department of your community) and this certificate shall, to our mind, be enough for entering and leaving Germany. Please contact the Irish embassy in Berlin (+49 (0)30 220720, www.embassyofireland.de) and likewise the German embassy in Dublin (+353) 1 269 3011, http://www.dublin.diplo.de/Vertretung/dublin/en/Startseite.html) on the issue.
An impediment could be though that directive 2004/38 is not applicable for you and your wife in Ireland for the directive does not count for EU citizens in the country which the citizen has nationality of. So if you could travel from e.g. London no obstacle at all can be seen.
It is maybe quicker and easier for you to apply for the visa. As you will travel to the Schengen area you will have to apply at a German diplomatic representation (either at the embassy in Dublin or at the German consulate in Belfast: (+44) (2 Cool

92 69 83 56, http://www.embassypages.com/missions/embassy1250/ as you do not need to travel to Ireland for this). It is obligatory to apply at the embassy of that Schengen country one is going to.
As you are right: you do not need a visa but maybe it is easier and quicker than trying with the certificate of the residence card’s application.

Kind Regards
Your Europe - Advice

does this mean that i now have to apply for another visa?

EUsmileWEallsmile · Moderator Joined: 07 Oct 2011 Posts: 4568