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Crossing Irish Border from NI - Non-Eu Partner

Forum to discuss all things Blarney | Ireland immigration

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llp
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Crossing Irish Border from NI - Non-Eu Partner

Post by llp » Sat Oct 16, 2021 6:51 pm

Partner is a non-EU married to me (British/Irish citizen) born N.Ireland, we are currently living in Belfast.

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 my partner travel with me from NI to Dublin for a day trip, or does she require an Irish visa?

On face value it seems that she would need one, however, does the fact that she is resident and working in NI, and will shortly be applying for an Irish passport count in her favour?

I appreciate the risk of being stopped in a private car is fairly low, but don't want to do anything that will jeopardise her Irish passport application next year, as unlikely she would pass the life in Britain test/English language exam, and don't want to wait a further two years for the British passport (plus it would not have the EU residency benefits that an Irish passport does)

Previously travelled to Ireland in 2019 for ferry to France, no issue - showed BRC, and non-EU passport was stamped - Many times in and out of Ireland between 2015-19, when living in Europe (passport stamped and showed EU residence card).

We still have the EU residence card, but now expired, and we obviously don't live in that country.

The proposed trip is planned for next weekend, so no time to apply for a visa, and cross-border travel has not been previously considered due to Covid situation.

Any thoughts?

llp
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by llp » Sat Oct 16, 2021 7:05 pm

In addition we have a child who is an Irish citizen (has an Irish passport), just wondering if this makes any difference?

littlerr
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by littlerr » Sat Oct 16, 2021 9:45 pm

On face value it seems that she would need one, however, does the fact that she is resident and working in NI, and will shortly be applying for an Irish passport count in her favour?
Such questions aren’t really questions, especially coming from an Irish person’s point of view. UK and Ireland are two countries and each has their own immigration rules and issues different visas.

She needs a visa. The fact that she will shortly be applying for an Irish passport means you absolutely should not risk it.

Even though the immigration carries out only spot checks, but if they do, she will probably not going to get any Irish citizenship for the foreseeable future.

Btw - as you said yourself, chances are really really low. I have crossed the land borders hundreds of times and I have only seen immigrations once or twice, and nobody asked me to present any ID’s. I always have the correct visas with me though. Having an immigration issue is the least thing I want.

littlerr
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by littlerr » Sun Oct 17, 2021 3:36 pm

Coincidentally, I travelled to Donegal today which requires me to cross border to NI and then cross back. There was a large presence of Irish immigrations checking cars. They didn't stop me but a lot of cars in front of me were stopped and asked to stop on the side of a dual carriageway to check documents.

llp
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by llp » Tue Oct 19, 2021 11:24 pm

Thanks for the information, but I am confused why you wrote the following:

Such questions aren’t really questions, especially coming from an Irish person’s point of view. UK and Ireland are two countries and each has their own immigration rules and issues different visas.

In my opinion they were reasonable questions (and observations), and nowhere in my post did I suggest that the UK & Ireland weren't separate countries with their own immigration rules.

But here's the rub, not many other countries have a 310 mile open border, with 268 unmanned crossings (and those that do e.g. USA, guess what, they have a massive problem with illegal migration)

The whole purpose of a visa is to weed out the people who are likely to overstay (or claim asylum), but as my wife has entered Ireland dozens of times during the period 2015-19, and in addition now has a job, a home, free healthcare, free prescriptions, subsidised dental treatment, and a family in NI (with a child at school), her chances of overstaying are zero.

She also has a USA 10-year visa - Surely it is obvious, based on the 10-15,000 illegal Irish in the USA (from a pop. of 5M) versus probably less than a hundred illegal Americans in Ireland (from a pop. of 331M), that the USA is a much more attractive place to overstay?

Therefore Ireland, could easily look at allowing entry for USA 10-year visa holders (like the 49 countries that already do), based on the fact that if you can go to America....er....you will go to America. Or Turkey, who allow visas on arrival for Schengen, British & Irish residents/visa holders.

The unique position of NI should mean that exceptions are made - My wife is in the absurd position that "after three years continuous living on the island of Ireland", she will be able to apply for Irish passport, but until the day she gets it, she won't be able to set foot in the majority of her adopted "homeland"!

The only people Ireland are hurting are themselves; anyone in NI who wishes to travel to Dublin will do so, with only a tiny risk of being caught, however, those who don't want to take the gamble will remain in the UK (along with any money they would have spent).

And before you say "just apply for a visa" - we only found out about the event very recently, therefore there isn't enough time, and we have no desire to spend €60 for the privilege of 12 hours in Dublin, nor do we wish to assemble the absurd amount of paperwork required.

In my view, the UK & Irish government have a tacit understanding, that as people can travel freely between the countries, the visa process must be broadly similar - why else did Ireland not join the Schengen treaty, whereas another island, Malta did?

The fact that the CTA still exists, is also further proof of this "understanding", so why not allow free movement between Britain and Ireland for all, which would be beneficial to both countries, with probably only a tiny risk of additional over-stayers. (For the people who are currently illegal in either country, if they decide to travel they will do so anyway via NI!)

The analogous situation is the Schengen area, where anyone (legal or not), can freely travel across the European land mass.

BTW, if I we were living in Ireland, and wanting to travel to Belfast, then I would be saying the same thing about the British government (the only difference being, that after three years living in Ireland, my wife wouldn't qualify for a British passport!)

littlerr
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by littlerr » Wed Oct 20, 2021 1:19 am

I think you have already convinced yourself into not applying for a visa before you came here, and the only reason you came here is to look for reassurance that what you have been thinking is correct. Well it isn’t. It is a criminal offence. You might not get caught. That is still an offence.

And you absolutely should not think this is the correct mindset not to apply for a visa and illegally enter other countries repeatedly. This is an immigration forum. It is not a forum for illegal advice. Entering any country without correct paperworks is illegal.

If the event comes in short notice, then don’t travel. Simple as that. So many people here asking on daily basis that they don’t have their permissions extended in time and have to miss important family events. I don’t remember seeing anyone

Vast majority of non-EU immigrants here abide by the law. Most if not all people who wanted to apply for Irish citizenship make sure they don’t get into any trouble with immigration. It is outrageous to think that you can illegally enter another country because you have a job and a US visa in a different country. Come on.

Funny enough you mentioned US visa. It is part of the requirement to include social network account details as part of the visa application and any ESTA/EVUS authorisations. I’m pretty sure they would be more than happy to revoke that visa if you have been proudly talking about illegally entering other countries on your social network.

llp
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Re: Crossing Irish Border from NI - Non-Eu Partner

Post by llp » Wed Oct 20, 2021 2:19 am

I think you have now entered into the realms of fantasy....

1. Of course I had convinced myself (actually my wife) that we wouldn't apply for a visa (meaning we wouldn't go at all), as I have already explained we didn't have enough time. I wasn't looking for reassurance, I was enquiring if there were any exceptions for people who were legal residents of NI, and less than 6 months away from submitting their Irish passport application. Not once in my original post did I say we were going to travel without a visa, and in fact I actually stated "....but don't want to do anything that will jeopardise her Irish passport application next year..."

2. "Illegally enter countries repeatedly?" - Where I have said that we have done that? If you are referring to the point about entering Ireland dozens of times between 2015-19 - my wife had an EU residence card, and was perfectly entitled to visit Ireland LEGALLY.

3. No one was asking for illegal advice, I was enquiring if my wife needed a visa, and/or were there any exceptions that I may not have been aware of!

4. "It is outrageous to think that you can illegally enter another country because you have a job and a US visa in a different country. Come on."

What's outrageous about it? There's 49 countries that allow entrance if you have a US visa?

https://www.visatraveler.com/blog/trave ... h-us-visa/

And here's the list of countries you can travel to with a Schengen visa:

https://www.schengenvisainfo.com/non-eu ... ngen-visa/

5. Funny enough you mentioned US visa. It is part of the requirement to include social network account details as part of the visa application and any ESTA/EVUS authorisations. I’m pretty sure they would be more than happy to revoke that visa if you have been proudly talking about illegally entering other countries on your social network.

WRONG - it is only applicable to ESTA and not VISA applications, and yet again NOWHERE in my posts have I said that my wife was going to or has previously entered Ireland (or anywhere else for that matter) illegally, and as I have already stated, each time in the past that she visited Ireland, she was in possession on an EU residence permit.

https://www.onlinevisa.com/news/esta-us ... formation/

According to the latest global visa information, this requirement is now compulsory for all applicants for the US ESTA visa waiver, although it is not mandatory for US visa applications.

And the applicable Social Media accounts are only FB, Twitter, LinkedIN & Instagram......not the immigration board forum :roll:

Not to mention the fact, that I don't have any accounts on those sites, as in my opinion social media is poison.

And lastly you really need to educate yourself about crimes of moral turpitude, as you would then realise that immigration offences are NOT included on that list, and therefore would have no effect on any VISA/ESTA applications to the USA.

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