mgb wrote:There is no precondition in irish law about accompany of the eea citizen.
Due to Article 37 of the directive the member states can handle eea citizen and family members more favourable than defined in the directive.
Btw. take a printout of the linked law with you.
Dear MGB,
Many thanks again for your swift reply.
I am grateful for your invaluable comments.
For sake of clarity, I am summarizing below our discussions/conclusions so that other readers can also benefit from it.
1.1 In the Irish legislation, SI No. 417/2012 - it is not a requirement to have EU spouse accompanied with you.
Article 3 (c) non-nationals who are family members of a Union citizen and holders of a document called “Residence card of a family member of a Union citizen”, as referred to in Article 10 of the Directive of 2004,
1.2 The same rules of SI 417/2012 also mirror the information available on inis.gov.ie website :
Link:
http://www.inis.gov.ie/en/INIS/Pages/Re ... %20Citizen
Residence card of a family member of a European Union Citizen
If you are:
*a family member of a European Union citizen, and
*a holder of a document called “Residence card of a family member of a Union citizen” as referred to in Article 10 of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member State,
-> You are not subject to an Irish visa requirement.
If you require guidance on whether a card that you hold falls within the terms of the Directive, as implemented by the Member State concerned, you should contact the appropriate issuing authority of that Member State.
2. The Directive 2004/38/EC however requires that the EU Spouse must accompany the non-EU spouse.
Article 3 - This Directive shall apply to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members as defined in point 2 of Article 2 who accompany or join them.
Based on 1. and 2. above - these rules contradict each other.
The Irish law is less stricter than the Directive 2004/38/EC itself
Furthermore,
3. Article 37 of the Directive 2004/38/EC which states that, as correctly pointed in our above post, the Directive 2004/38/EC would allow the member state to implement rules which are more favourable than defined in the Directive.
Article 37
More favourable national provisions:
The provisions of this Directive shall not affect any laws, regulations or administrative provisions
laid down by a Member State which would be more favourable to the persons covered by this
Directive.
Do you agree?
Many thanks again. You have been extremely helpful.
