British/Irish Dual in NI with non-EU spouse - will de Souza case help us with Directive 2004/38/EC

Partner is a non-EU married to me (British/Irish citizen) born N.Ireland, we are currently living in Belfast (with one child - Irish passport only, although is British by descent, born in an EU country)

Arrived NI 2019 (prior to Brexit) via Surinder Singh route from Europe - SS approved, BRC issued (under EU rules), then pre-settled status approved, and new BRC issued (British rules), she is planning to apply for Irish passport in 2022.

Can we travel to Europe with just our marriage certificate (in English)?

Or can we apply for Schengen visa under Directive 2004/38/EC?

llp wrote: ↑

Tue Oct 19, 2021 11:34 pm

Can we travel to Europe with just our marriage certificate (in English)?

You could - expect being held up, or possibly not being let on a plane. If you travel by ferry and you allow for the eventuality of having to wait quite a bit before being okayed to travel, this could be an option.

llp wrote: ↑

Tue Oct 19, 2021 11:34 pm

Or can we apply for Schengen visa under Directive 2004/38/EC?

Yes, since you have an Irish passport. For me personally, that would be the preferable way to go.