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Travelling without residence card

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anbu369
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Posts: 15
Joined: Tue Jan 08, 2019 8:35 pm
India

Travelling without residence card

Post by anbu369 » Sat Jan 26, 2019 12:08 pm

Hi, my wife is Italian citizen and I moved to Ireland last month on eu spouse visa under free movement rights. I'm in the process of applying for my residence card soon. But my brother's wedding is coming up in couple of months back in India. Is it possible for me to travel back to India for couple of weeks after I apply for my residence card and while I wait for it? If so, what is the procedure? Please advice

max307
Senior Member
Posts: 511
Joined: Thu Sep 22, 2016 7:58 am
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Ireland

Re: Travelling without residence card

Post by max307 » Sat Jan 26, 2019 7:05 pm

anbu369 wrote:
Sat Jan 26, 2019 12:08 pm
Hi, my wife is Italian citizen and I moved to Ireland last month on eu spouse visa under free movement rights. I'm in the process of applying for my residence card soon. But my brother's wedding is coming up in couple of months back in India. Is it possible for me to travel back to India for couple of weeks after I apply for my residence card and while I wait for it? If so, what is the procedure? Please advice
I would strongly recommend to not travel until at least the temporary Stamp 4 has been issued.

Or did you move to Ireland from Italy where you were living as the spouse of an Italian citizen?
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

anbu369
Newly Registered
Posts: 15
Joined: Tue Jan 08, 2019 8:35 pm
India

Re: Travelling without residence card

Post by anbu369 » Sun Jan 27, 2019 11:05 pm

max307 wrote:
Sat Jan 26, 2019 7:05 pm
anbu369 wrote:
Sat Jan 26, 2019 12:08 pm
Hi, my wife is Italian citizen and I moved to Ireland last month on eu spouse visa under free movement rights. I'm in the process of applying for my residence card soon. But my brother's wedding is coming up in couple of months back in India. Is it possible for me to travel back to India for couple of weeks after I apply for my residence card and while I wait for it? If so, what is the procedure? Please advice
I would strongly recommend to not travel until at least the temporary Stamp 4 has been issued.

Or did you move to Ireland from Italy where you were living as the spouse of an Italian citizen?
No I came directly from India. Is there any option for me to go? Or even if I go, what should I do to come back to Ireland?

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Travelling without residence card

Post by littlerr » Mon Jan 28, 2019 12:40 am

anbu369 wrote:
Sun Jan 27, 2019 11:05 pm
max307 wrote:
Sat Jan 26, 2019 7:05 pm
anbu369 wrote:
Sat Jan 26, 2019 12:08 pm
Hi, my wife is Italian citizen and I moved to Ireland last month on eu spouse visa under free movement rights. I'm in the process of applying for my residence card soon. But my brother's wedding is coming up in couple of months back in India. Is it possible for me to travel back to India for couple of weeks after I apply for my residence card and while I wait for it? If so, what is the procedure? Please advice
I would strongly recommend to not travel until at least the temporary Stamp 4 has been issued.

Or did you move to Ireland from Italy where you were living as the spouse of an Italian citizen?
No I came directly from India. Is there any option for me to go? Or even if I go, what should I do to come back to Ireland?
As max307 pointed out, we would strongly recommend NOT to travel abroad until you have your temporary residence permit (i.e. Stamp 4) and subsequently obtained a re-entry visa since you are an Indian national.

If you leave without the permit or the re-entry visa, you may encounter a hell lot of problems in different stages. Worst scenario, you will be denied entry at the border, as you are required to apply for residence if you intend to live here for more than 3 months. So if the immigration officer does not see your permit and re-entry visa, you might be denied entry right away.

I don't know if you can have your wife travelling with you and exercising the free movement rights again. Let's say you can - the immigration officer may still question why you leave while having an application outstanding. Your wife and you may still get a hard time at the border.

Then, even if the immigration officer allows you to enter Ireland, he/she would have to put another stamp on your passport asking you to register with INIS, and enter your details into their border control and immigration system. This may negatively affect your existing residence application if it's still pending, as the officer who reviews your application would not want to see anything suspicious during this period.

Finally, even if your application gets approved, when you go to GNIB office to register, you might also get questioned by the officer due to the fact that you have two entry stamps, and you don't want to mess around with them.

anbu369
Newly Registered
Posts: 15
Joined: Tue Jan 08, 2019 8:35 pm
India

Re: Travelling without residence card

Post by anbu369 » Mon Jan 28, 2019 4:36 pm

littlerr wrote:
Mon Jan 28, 2019 12:40 am
anbu369 wrote:
Sun Jan 27, 2019 11:05 pm
max307 wrote:
Sat Jan 26, 2019 7:05 pm
anbu369 wrote:
Sat Jan 26, 2019 12:08 pm
Hi, my wife is Italian citizen and I moved to Ireland last month on eu spouse visa under free movement rights. I'm in the process of applying for my residence card soon. But my brother's wedding is coming up in couple of months back in India. Is it possible for me to travel back to India for couple of weeks after I apply for my residence card and while I wait for it? If so, what is the procedure? Please advice
I would strongly recommend to not travel until at least the temporary Stamp 4 has been issued.

Or did you move to Ireland from Italy where you were living as the spouse of an Italian citizen?
No I came directly from India. Is there any option for me to go? Or even if I go, what should I do to come back to Ireland?
As max307 pointed out, we would strongly recommend NOT to travel abroad until you have your temporary residence permit (i.e. Stamp 4) and subsequently obtained a re-entry visa since you are an Indian national.

If you leave without the permit or the re-entry visa, you may encounter a hell lot of problems in different stages. Worst scenario, you will be denied entry at the border, as you are required to apply for residence if you intend to live here for more than 3 months. So if the immigration officer does not see your permit and re-entry visa, you might be denied entry right away.

I don't know if you can have your wife travelling with you and exercising the free movement rights again. Let's say you can - the immigration officer may still question why you leave while having an application outstanding. Your wife and you may still get a hard time at the border.

Then, even if the immigration officer allows you to enter Ireland, he/she would have to put another stamp on your passport asking you to register with INIS, and enter your details into their border control and immigration system. This may negatively affect your existing residence application if it's still pending, as the officer who reviews your application would not want to see anything suspicious during this period.

Finally, even if your application gets approved, when you go to GNIB office to register, you might also get questioned by the officer due to the fact that you have two entry stamps, and you don't want to mess around with them.
Hi, thank you for the information. much appreciated. maybe I didn't understand it properly. You mentioned I can't travel until I get my temporary stamp 4. Does that mean I can travel If I get a temporary stamp 4 after applying for residence card even if the EU1 application is in the process?

littlerr
Respected Guru
Posts: 2461
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Travelling without residence card

Post by littlerr » Mon Jan 28, 2019 5:18 pm

You can travel once you have a temporary Stamp 4 AND a re-entry visa.

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