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No irish visa required if you have any Residence Card

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, JAJ, ca.funke, Amber, Zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, geriatrix, John, ChetanOjha, archigabe, push, Administrator

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

No irish visa required if you have any Residence Card

Post by Directive/2004/38/EC » Thu May 26, 2011 4:26 pm

the Immigration Act 2004 (Visas) Order 2011 has been explicitly changed to allow a non-EU family member who has a Residence Card issued by any European member state, to enter Ireland without a visa. Finally!

[quote]3. It is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:

(a) nationals of a state or territorial entity specified in Schedule 1;
(b) non-nationals who are holders of...
(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 citizenâ€

fatty patty
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Post by fatty patty » Thu May 26, 2011 6:01 pm

About time for this clarification. Hope UK and others will follow suit...

El shaddai
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Post by El shaddai » Thu May 26, 2011 6:53 pm

Does that mean anyone for example having a residence card in Spain but not Family member can come to Ireland without visa?

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Thu May 26, 2011 6:55 pm

El shaddai wrote:Does that mean anyone for example having a residence card in Spain but not Family member[???] can come to Ireland without visa?
I am not sure if I understand your question.

If you have a Spanish issued Residence Card for the family member of an EU citizen, then you can travel to Ireland together with your EU family member and nobody needs to get a visa! It makes Ireland an altogether nicer place to visit for vacation!

9jeirean
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Post by 9jeirean » Thu May 26, 2011 8:20 pm

fatty patty wrote:About time for this clarification. Hope UK and others will follow suit...
Another +ve move from Alan Shatter.

Hope this is eventually extended to spouses of Irish citizens and other long term non EU residents in Ireland. If 'others' don't need visas to come here, it sure doesn't make sense for Irish residents to need a visa to 're-enter' a country they reside in.

9jeirean
What lies behind us and ahead of us is nothing compared to what lies within us

El shaddai
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Post by El shaddai » Thu May 26, 2011 10:52 pm

Spanish resident card for Non Eu citizen (not an Eu family member) is the visa waiver applicable to those category or it is only beneficial to the non Eu family member i.e spouse.
thanks

Obie
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Post by Obie » Thu May 26, 2011 11:55 pm

I am just loving Mr Shatters. Keep up the good job.
The interesting thing i find about this change, is that it does not require the holder to be joining or accompanying the EEA national, inorder to benefit from visa-free travel rights.
I think the UK will have issue with this. It will be interesting to see how Ireland will show them they are in charge of their territorial integrity.
This man is truely law abiding and fear
Black life matters.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 27, 2011 12:26 am

El shaddai wrote:Spanish resident card for Non Eu citizen (not an Eu family member) is the visa waiver applicable to those category or it is only beneficial to the non Eu family member i.e spouse.
This change only applies to family members of EU citizens. Sorry.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 27, 2011 12:31 am

Obie wrote:The interesting thing i find about this change, is that it does not require the holder to be joining or accompanying the EEA national, inorder to benefit from visa-free travel rights.
You think they will let in Residence Card holders who are not accompanied by their EU family members?

Somehow I doubt it. But we will see!

But the safe way to check is for the Residence Card holder and the EU family member to fly on the same plane. Both have cellphones so can talk with each other. Residence Card holder clears Dublin immigration first while the (secretly) accompanying spouse kills time just before the entrance to immigration. If all goes well, the Residence Card holder is processed smoothly and exits to smell the fresh air before the EU citizen sees the eyes of the IO.

ChIrl
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Post by ChIrl » Fri May 27, 2011 3:35 pm

Can a non-national with UK visa visit Ireland ? I know recently Ireland allowed this for Visiting visa holders from July, but does it applicable for Job visa holders as well?

Also, can Irish citizen spouse with UK Residence visa visit based on this directive.

Thanks in advance.
Directive/2004/38/EC wrote:
Obie wrote:The interesting thing i find about this change, is that it does not require the holder to be joining or accompanying the EEA national, inorder to benefit from visa-free travel rights.
You think they will let in Residence Card holders who are not accompanied by their EU family members?

Somehow I doubt it. But we will see!

But the safe way to check is for the Residence Card holder and the EU family member to fly on the same plane. Both have cellphones so can talk with each other. Residence Card holder clears Dublin immigration first while the (secretly) accompanying spouse kills time just before the entrance to immigration. If all goes well, the Residence Card holder is processed smoothly and exits to smell the fresh air before the EU citizen sees the eyes of the IO.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 27, 2011 3:45 pm

ChIrl wrote:Can a non-national with UK visa visit Ireland ? I know recently Ireland allowed this for Visiting visa holders from July, but does it applicable for Job visa holders as well?
That would be nothing to do with this change. No idea!
ChIrl wrote:Also, can Irish citizen spouse with UK Residence visa visit based on this directive.
Yes, if they are "holders of a document called “Residence card of a family member of a Union citizenâ€

ChIrl
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Post by ChIrl » Fri May 27, 2011 3:45 pm

Quote:

Details of the Programme
Nationals of 14 countries - who ordinarily need a visa to enter the State (at a cost of €60) - who obtain a visa to enter the UK for a short term visa will not, for the duration of the programme, be required to obtain a visa for Ireland. In addition, special arrangements will be put in place to facilitate visits by nationals of these 14 countries who are long-term residents in the UK. The Programme will be implemented on a pilot basis until the end of October 2012.

Unquote:
The press release does say special arrangements will be put in place to facilitate visits by nationals of these 14 countires who are long-term residences in the UK.

So, I guess Irish citizen spouse with UK residence visa (EEA Family visa) can visit Ireland too without visa.

Regards



ChIrl wrote:Can a non-national with UK visa visit Ireland ? I know recently Ireland allowed this for Visiting visa holders from July, but does it applicable for Job visa holders as well?

Also, can Irish citizen spouse with UK Residence visa visit based on this directive.

Thanks in advance.
Directive/2004/38/EC wrote:
Obie wrote:The interesting thing i find about this change, is that it does not require the holder to be joining or accompanying the EEA national, inorder to benefit from visa-free travel rights.
You think they will let in Residence Card holders who are not accompanied by their EU family members?

Somehow I doubt it. But we will see!

But the safe way to check is for the Residence Card holder and the EU family member to fly on the same plane. Both have cellphones so can talk with each other. Residence Card holder clears Dublin immigration first while the (secretly) accompanying spouse kills time just before the entrance to immigration. If all goes well, the Residence Card holder is processed smoothly and exits to smell the fresh air before the EU citizen sees the eyes of the IO.

Directive/2004/38/EC
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Post by Directive/2004/38/EC » Fri May 27, 2011 3:49 pm

The Irish changes apply to people who hold a Residence Card. This is something that the family member of the EU citizen applies for after they have entered the EU host country. It is not the same as a visa (which the UK calls the "EEA Family Permit").

ck4137
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Post by ck4137 » Sat May 28, 2011 3:16 am

Can a third-country national with family resident card issued in Germany as the spouse of Irish national go to Ireland without an Irish visa?

acme4242
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Post by acme4242 » Sat May 28, 2011 7:15 am

ck4137 wrote:Can a third-country national with family resident card issued in Germany as the spouse of Irish national go to Ireland without an Irish visa?
Yes, if the resident card is issued on the basis of Art 10, Directive 2004/38/EC
with the text “Residence card of a family member of a Union citizenâ€

Muttsnuts
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Post by Muttsnuts » Sun May 29, 2011 12:16 am

9jeirean wrote: Another +ve move from Alan Shatter.
It's a positive move for sure but this was not a proactive step by the Government. This was forced on them by High Court Judicial Review proceedings wherein somebody challenged the visa requirement.

Muttsnuts
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Post by Muttsnuts » Sun May 29, 2011 12:23 am

acme4242 wrote:
ck4137 wrote:Can a third-country national with family resident card issued in Germany as the spouse of Irish national go to Ireland without an Irish visa?
Yes, if the resident card is issued on the basis of Art 10, Directive 2004/38/EC
with the text “Residence card of a family member of a Union citizenâ€

acme4242
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Post by acme4242 » Sun May 29, 2011 3:36 am

Muttsnuts wrote: It's a positive move for sure but this was not a proactive step by the Government. This was forced on them by High Court Judicial Review proceedings wherein somebody challenged the visa requirement.
This is interesting, do you have any details about the court case ?

As the EU commission have failed in the past to get Ireland to comply
with Ireland's legal commitments on freedom of movement for EU citizens.
Here is Ambassador Bobby McDonagh reply in 2007, saying the he didn't
share the same interpretation on freedom of movement.

Image


Many of the improvement he did say would be done, didn't happen
its same old... same old.

http://www.scribd.com/full/13048194?acc ... dwbuefnvp9
reply from Irish perm Bobby McDonagh

http://www.scribd.com/full/13048225?acc ... 2ozba1royg
letter to Irish perm

http://www.scribd.com/full/13048234?acc ... 0hd6s27llg
original Petition 007/2005

newbieholland
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Post by newbieholland » Sun May 29, 2011 10:38 am

Does this also mean Non EU family of EU who has the certificate of application under the directive (usually 6 months) can enter Ireland without a visa?
http://www.inis.gov.ie/en/INIS/Pages/Do_I_need_a_Visa

9jeirean
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Post by 9jeirean » Sun May 29, 2011 10:58 am

Muttsnuts wrote:
9jeirean wrote: Another +ve move from Alan Shatter.
It's a positive move for sure but this was not a proactive step by the Government. This was forced on them by High Court Judicial Review proceedings wherein somebody challenged the visa requirement.
Thanks Muttsnuts, I understand that the imperative for the change was external to the DoJ. However, compared to what we know of the previous Ministers for Justice, they would have continued to play hide and seek with the outcome of the JR a la Acme's references above. I understand that Alan Shatter is a politician and has to weigh his decisions up against political implications for himself and his part, however he (Alan Shatter) has shown more knowledge of the current challenges with the immigration system in Ireland and demonstrated positivity both in words and actions so far than all of the previous disappointing bunch before him.

That said, there's a lot still to be done, but I'll rather give a man who has shown he's willing, the benefit of doubt than those who history and posterity will continue judge as failures.

9jeirean
What lies behind us and ahead of us is nothing compared to what lies within us

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