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EU treaty rights at border

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alan771077
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EU treaty rights at border

Post by alan771077 » Fri Oct 02, 2020 9:41 pm

Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance

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Zerubbabel
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Re: EU treaty rights at border

Post by Zerubbabel » Sat Oct 03, 2020 8:50 am

Does she hold a card of a Family Member of a Union Citizen?

vinny
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Re: EU treaty rights at border

Post by vinny » Sat Oct 03, 2020 10:22 am

May have to rely on 11(4), if it still exists at the time.
This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
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White_Pearl
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Re: EU treaty rights at border

Post by White_Pearl » Sat Oct 03, 2020 11:38 am

alan771077 wrote:
Fri Oct 02, 2020 9:41 pm
Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance
Hi

She should be ok, if she can prove that she is a family member of EU citizen.

So you both, should carry your marriage cert+ passport/id.

More senior experience members on this forum will know better than me.

Will she has visa for Germany?

alan771077
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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 11:59 am

Zerubbabel wrote:
Sat Oct 03, 2020 8:50 am
Does she hold a card of a Family Member of a Union Citizen?
Hi , no she doesn't hold any cards , we have only got married last week in Montenegro as it was only country we could both travel freely too. We had planned to marry in Russia during the summer but due to virus we could not. Of course she can return home and apply for UK vist visa for EU family member but she needs to do biometrics and the nearest place is 6 hour plane journey , so hence hoping to just go to border and get her entry under treaty right.

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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 12:03 pm

White_Pearl wrote:
Sat Oct 03, 2020 11:38 am
alan771077 wrote:
Fri Oct 02, 2020 9:41 pm
Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance
Hi

She should be ok, if she can prove that she is a family member of EU citizen.

So you both, should carry your marriage cert+ passport/id.

More senior experience members on this forum will know better than me.

Will she has visa for Germany?

Is the treaty rights the same for irish citizen as a EU citizen , just with common travel area and so on , I'm worried that its different for Irish Citizen. We dont have visa for Germany either but again will get a border. We plan to drive through Croatia to Slovenia and then into Germany and then eventually to Calais to go to UK border controll there. Will use treaty rights at Croatian border and then and Slovenia which then puts us in Shengin

alan771077
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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 12:04 pm

vinny wrote:
Sat Oct 03, 2020 10:22 am
May have to rely on 11(4), if it still exists at the time.
Hi , it will be in the next 2 weeks we travel , I'm trying to understand the section 11 you mentioned

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Re: EU treaty rights at border

Post by Zerubbabel » Sat Oct 03, 2020 12:05 pm

Congratulations.

Now, you need to apply for the EEA card before travelling across Europe visa free.

No airline would let you board just with your marriage certificate. You need the EEA card.

Actually, some airlines, to this day, still don't know that EEA cards let you travel visa free to EEA countries and cause undue delays and escalations during the check-in.

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Re: EU treaty rights at border

Post by vinny » Sat Oct 03, 2020 12:16 pm

This is not intended to be legal or professional advice in any jurisdiction. Please click on any given links for further information. Refer to the source of any quotes.
We do not inherit the Earth from our ancestors, we borrow it from our children.

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Re: EU treaty rights at border

Post by saddleback » Sat Oct 03, 2020 12:29 pm

Apply for EEA family permit in Podgorica. You can make the case that you are both temporarily residing in Montenegro and this is the reason for applying in MNE. This may be problematic, however. You will be asked for supporting documentation and this may include the need to prove common address, etc.

Now, you also have the option of applying for a EEA family permit in Russia. This should not be easier or harder route, it is just a second option.

In both cases, you need to be clear about your grounds for applying for entry into UK. If your are working or studying in the UK, this needs to be documented. If you have at present no connection to UK, you need to be clear about stating that you will be exercising your right of residence in UK for the first 3 months while you are looking for work/study course, etc.

In every case, familiarise yourself with Directive 38/2004/EC and the Immigration (European Economic Area) Regulations 2006 in making your case.

Good luck

White_Pearl
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Re: EU treaty rights at border

Post by White_Pearl » Sat Oct 03, 2020 1:06 pm

alan771077 wrote:
Sat Oct 03, 2020 12:03 pm
White_Pearl wrote:
Sat Oct 03, 2020 11:38 am
alan771077 wrote:
Fri Oct 02, 2020 9:41 pm
Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance
Hi

She should be ok, if she can prove that she is a family member of EU citizen.

So you both, should carry your marriage cert+ passport/id.

More senior experience members on this forum will know better than me.

Will she has visa for Germany?

Is the treaty rights the same for irish citizen as a EU citizen , just with common travel area and so on , I'm worried that its different for Irish Citizen. We dont have visa for Germany either but again will get a border. We plan to drive through Croatia to Slovenia and then into Germany and then eventually to Calais to go to UK border controll there. Will use treaty rights at Croatian border and then and Slovenia which then puts us in Shengin
How you gona cross bosnia and herzegovina without visa for her? As bosnia and herzegovina is non-eu?
And you might need also negative covid, tests.
Plan well before making this move....

alan771077
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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 1:34 pm

Zerubbabel wrote:
Sat Oct 03, 2020 12:05 pm
Congratulations.

Now, you need to apply for the EEA card before travelling across Europe visa free.

No airline would let you board just with your marriage certificate. You need the EEA card.

Actually, some airlines, to this day, still don't know that EEA cards let you travel visa free to EEA countries and cause undue delays and escalations during the check-in.
Thank you for congratulations, but we wont have time to apply for a card as she will need to travel home and if she will go back to Russia we dont know how long before she can travel again because of corona and then we have expense of another flight back to Europe if indeed one can be got

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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 1:37 pm

White_Pearl wrote:
Sat Oct 03, 2020 1:06 pm
alan771077 wrote:
Sat Oct 03, 2020 12:03 pm
White_Pearl wrote:
Sat Oct 03, 2020 11:38 am
alan771077 wrote:
Fri Oct 02, 2020 9:41 pm
Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance
Hi

She should be ok, if she can prove that she is a family member of EU citizen.

So you both, should carry your marriage cert+ passport/id.

More senior experience members on this forum will know better than me.

Will she has visa for Germany?

Is the treaty rights the same for irish citizen as a EU citizen , just with common travel area and so on , I'm worried that its different for Irish Citizen. We dont have visa for Germany either but again will get a border. We plan to drive through Croatia to Slovenia and then into Germany and then eventually to Calais to go to UK border controll there. Will use treaty rights at Croatian border and then and Slovenia which then puts us in Shengin
How you gona cross bosnia and herzegovina without visa for her? As bosnia and herzegovina is non-eu?
And you might need also negative covid, tests.
Plan well before making this move....
We will go through Croatia and then to Slovenia . Once we are in transit through both Slovenia and croatia you have 12 hours to cross either country

White_Pearl
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Re: EU treaty rights at border

Post by White_Pearl » Sat Oct 03, 2020 3:41 pm

12 hours transit for croatia and slovenia? Can you share any link for this. I havent heard abt this before.

And you being an Irish Citizen, eu citizen, gives you and your direct family members to travel around together with u, in UK and all other eu countries without a visa, but at the border you will have to proof your relation with her.

But this eu directive/eu treaty rights will not apply in Ireland to you, for Irish you will have to apply the irish visa for her. For UK it will be fine until 31 dec 2020. All info is shared by a link by other members in the previous posts/messages.

You are good to go, but only thing keep in mind regarding the corona restrictions around.

And share your experience after 2 weeks 😊 good luck 👍

alan771077
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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 5:01 pm

White_Pearl wrote:
Sat Oct 03, 2020 3:41 pm
12 hours transit for croatia and slovenia? Can you share any link for this. I havent heard abt this before.

And you being an Irish Citizen, eu citizen, gives you and your direct family members to travel around together with u, in UK and all other eu countries without a visa, but at the border you will have to proof your relation with her.

But this eu directive/eu treaty rights will not apply in Ireland to you, for Irish you will have to apply the irish visa for her. For UK it will be fine until 31 dec 2020. All info is shared by a link by other members in the previous posts/messages.

You are good to go, but only thing keep in mind regarding the corona restrictions around.

And share your experience after 2 weeks 😊 good luck 👍
Yes you can enter Croatia and Slovenia without test or without isolation if you will transit only through the country. It's on the goverment pages of both countries . It was also same for me on my way to Montenegro as I had to fly through Belgrade, Serbia is not on green list for Montenegro but because I had just used for transit I didnt need to Isolate

alan771077
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Re: EU treaty rights at border

Post by alan771077 » Sat Oct 03, 2020 5:05 pm

saddleback wrote:
Sat Oct 03, 2020 12:29 pm
Apply for EEA family permit in Podgorica. You can make the case that you are both temporarily residing in Montenegro and this is the reason for applying in MNE. This may be problematic, however. You will be asked for supporting documentation and this may include the need to prove common address, etc.

Now, you also have the option of applying for a EEA family permit in Russia. This should not be easier or harder route, it is just a second option.

In both cases, you need to be clear about your grounds for applying for entry into UK. If your are working or studying in the UK, this needs to be documented. If you have at present no connection to UK, you need to be clear about stating that you will be exercising your right of residence in UK for the first 3 months while you are looking for work/study course, etc.

In every case, familiarise yourself with Directive 38/2004/EC and the Immigration (European Economic Area) Regulations 2006 in making your case.

Good luck
Thanks for info , but in which Embassy should we apply in Podgorica, I think though the time frame will be against us in relation to getting it before we leave .

White_Pearl
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Re: EU treaty rights at border

Post by White_Pearl » Fri Oct 16, 2020 3:30 pm

alan771077 wrote:
Fri Oct 02, 2020 9:41 pm
Hi there . I just need some help of info from somebody as it's so hard to find it online . I'm irish Citizen and my wife is Russian , she can travel with me under treaty rights . Is this still applicable to the UK as we want to travel there and see relatives. We are currently in Montenegro but will go to Germany shortly and want to then go to UK for a few weeks. She hasn't status yet in Ireland as we will apply for that early next year. I was just going to go to the UK border and get her entry under treaty rights as she doesnt have a entry visa. Many thanks in Advance
Hi when are you travelling?
I am curious about your experience and outcome at the UK border and entry into the schengen area and croatia.

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Re: EU treaty rights at border

Post by CroUK » Fri Oct 16, 2020 5:07 pm

ARE YOU SURE YOU WOULD BE ALLOWED TO ENTER CROATIA WITH RUSSIAN WIFE:

IMPORTANT NOTICE:

Measures to suppress and prevent the spread of coronavirus (COVID-19):

Until further notice, the lodging of a visa application at the Croatian Embassies/Consulates is temporarily suspended.

Suspension of receipt of the visa application does not apply to the following categories of persons:

family members of Croatian nationals;
family members of citizens of the EEA, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland;

NOTE: persons who are considered family members are set out in Article 4 of the Act on nationals of the European Economic Area and their family members (Official Gazette of the Republic of Croatia, Nos. 66/19 and 53/20)

persons who have been granted temporary residence for the purposes referred to in Article 47 of the Aliens Act (Official Gazette, Nos. 130/11, 74/13, 69/17 and 46/2018), or have been issued a residence and work permit in the Republic Croatia;
healthcare professionals, healthcare researchers and collaborators, experts in care for the elderly and persons requiring urgent medical treatment,
goods carriers and other transport personnel, to the extent necessary;
diplomats, police officers in the performance of their duties, civil protection services and teams, international organizations staff and international military personnel in carrying out their functions;
passengers in transit, provided that they prove the possibility to enter the country of destination;
seafarers in transit including seafarers who come to Croatia for embarkation/disembarkation;
persons traveling for education;
persons traveling for urgent personal reasons, such as:
death of a family member - attendance to funeral,
serious and urgent health reasons provided that medical documentation and a hospital invitation is presented,
ownership of a real estate,
ownership of a vessel including lease.

NOTE: in the event of a serious deterioration of the epidemiological situation in a particular third country, a temporary complete suspension of visa applications is possible. In this case, visa applications are accepted only from:

family members of Croatian nationals;
family members of citizens of the EEA, the Swiss Confederation and the United Kingdom of Great Britain and Northern Ireland;

Until further notice, all communications related to obtaining the necessary information regarding the Croatian visa requirements shall be made by electronic mail (vize@mvep.hr).

Until further notice, the delivery and storage of guarantee letters is only possible by mail (address: Služba za vize, Petretićev trg 2 10000 Zagreb).



Pursuant to the Government’s Decision, starting with 22 July 2014, the Republic of Croatia applies the Decision No 565/2014/EU. All third-country nationals who are holders of valid Schengen documents, as well as national visas and residence permits of Bulgaria, Cyprus, and Romania do not require an additional (Croatian) visa for Croatia.

Third-country nationals who are holders of:

uniform visa (C) for two or multiple entries, valid for all Schengen Area Member States;
visa with limited territorial validity (LTV visa), for two or multiple entries, issued to the holder of a travel document that is not recognised by one or more, but not all of the Schengen Area Member States, and which is valid for the territory of the Member States recognising the travel document;
long-stay visa (D) for stays exceeding three months, issued by one of the Schengen Area Member State;
residence permit issued by one of the Schengen Area Member State;
national visas for two or multiple entries and residence permits of Bulgaria, listed in Annex I of the Decision No 565/2014/EU;
national visas for two or multiple entries and residence permits of Cyprus, listed in Annex III of the Decision No 565/2014/EU;
national visas for two or multiple entries and residence permits of Romania, listed in Annex IV of the Decision No 565/2014/EU;

do not require a visa for transit or intended stays in the territory of Croatia not exceeding 90 days in any 180-day period.


***

Third-country nationals who require a visa for Croatia can fill out the visa application form on-line at crovisa.mvep.hr (available in English, Russian, Ukrainian, Albanian, and Turkish language). Printed and filled out application form, along with other required documents, should be submitted to the competent Croatian Embassy/Consulate or visa centre or through an accredited tourist agency.

***

Visa applications can also be submitted at VFS Visa Application Centres in:


Russia - http://www.vfsglobal.com/Croatia/russia ... index.html

CroUK
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Re: EU treaty rights at border

Post by CroUK » Fri Oct 16, 2020 5:39 pm

Please note Croatia is not in Shengen, but use all Shengen laws for the immigration purporses, but Slovenia is in Shengen, so even to get to the Slovenian border you would need a shengen visa before even passing Austria or getting to Germany.

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Re: EU treaty rights at border

Post by White_Pearl » Sat Oct 17, 2020 7:23 am

Hi

He will be using his treaty rights to enter Croatia, Slovenia, Germany and other eu countries and also using treaty rights at the UK border. Wont be super easy for him, but the eu directive is covered with this right for eu fam. members, that’s why i am curious about the outcome of it.

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Re: EU treaty rights at border

Post by CroUK » Sat Oct 17, 2020 10:49 am

Croatia is like Hungary and Poland very strick to letting people in without proper documents. So if person doesnt have correct document he would be stuck on the border between Montenegro and Croatia. (Eeastern European country are not famous for easy border crossing like maybe UK or Ireland).

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Zerubbabel
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Re: EU treaty rights at border

Post by Zerubbabel » Sat Oct 17, 2020 1:18 pm

CroUK wrote:
Sat Oct 17, 2020 10:49 am
Croatia is like Hungary and Poland very strick to letting people in without proper documents. So if person doesnt have correct document he would be stuck on the border between Montenegro and Croatia. (Eeastern European country are not famous for easy border crossing like maybe UK or Ireland).
I second that. I don't know why the OP is making it complicated by trying to cross many European countries with a fresh marriage certificate. For me, it sounds like asking for trouble. While I understand the theoretical reasoning behind, I think it's too much hassle to enjoy the trip.

Why not buying a flight ticket directly to your final destination? At least a single argument at the airport is better than an argument at each and every land border. You'll see that many border officials don't speak anything apart their own language and if they feel that your situation is a bit outside their usual scheme, they will just deny you entry.

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Re: EU treaty rights at border

Post by White_Pearl » Sun Oct 18, 2020 7:24 pm

A colleague of mine (Dutch National) was married couple months ago, before Covid in Thailand. He flew with her to UAE (Dubai) then with Emirates he flew to Dublin, exercising eu treaty rights with a fresh marriage cert (no- visa)
at Dubai airport, they were not issuing a boarding pass for his wife, he pointed out the regulation of the eu directive, they were not satusfied and they called Irish immigration on spot and after approval on phone from irish border control within minutes they issued boarding card for her.
Upon arrival in Ireland, they were asked a very few general questions and his wife passport was stamped with entry stamp.

He and his wfe are the very lucky ones, usually this is not the case...

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Re: EU treaty rights at border

Post by alan771077 » Thu Oct 22, 2020 9:22 pm

Hi all . So just a update . We in the end decided it wasnt the best option to try get her a visa at the border. We had some time so decided to call the British embassy there to try get it and possibly wait till it was granted, but they refused to deal with us and said it must be done online and it's not something they deal with there anyway , I advised that under treaty rights she should be given the opportunity to attend and apply but they said no and they dont know anything about it there . Then we decided we would apply for german visa under treaty rights and fly there and then maybe make our way to Brussels to get the euro star and try get out UK entry at uk border controll there, but German embassy was only open by special appointment and when calling there was no English option so couldnt navigate the system to speak to someone. So my wife returned to Russia and I to ireland . She will apply now in Russia and we will live in UK for a year or so as I've worked lined up there . Just a question, we want to take her son with us , can he also travel under treaty rights and come with her. This will be a permanent move now so we need to take him there too.

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EEA family permit

Post by alan771077 » Thu Oct 22, 2020 9:31 pm

Hi all . So just a quick question as I cant seem to find the answer online . I'm irish Citizen and I'm married to non eu wife who is Russian citizen. She is about to apply for family permit and we will go and settle in UK as I've work there for 18 months. We want to take her son with us and my question is does he fall under the family permit and treaty rights as my wife's child and my step child . Thanks in advance .

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