No irish visa required if you have any Residence Card

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€

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

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

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!

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

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

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

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.

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.

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.

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€

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.

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").

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?

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€

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.

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€

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.




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

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

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

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.

For 5 years the Irish Justice ministers under FF have evaded their legal duties, and violated EU law on numerous occasion, without the slightest care in the planet. I am sure if Mr Shatters wanted to do the same, he could have prolonged the matter further, without any adverse consequences. At best they would have settled this matter out of court, like they did before to the mother -in - law of an irish Citizen, and continue to maintain the status quo, in anycase this case was unreported as far as i know, so it could not have been used as a precedent. The UK did the same thing before, went to the court and interpreted Article 5(2) as referring to the Residence Card issued by the UK authorities, and the courts agreed without any questions asked.

We have to give this to Mr Shatters. he took the bold step of changing this unlawful practice, on the basis that it was illegal.

He would have used his own initiative, and realised that in all the circumstance, Article 5(2) can only have one intepretation, which is visa free travel for holder of Resident Card under Article 10.

9jeirean wrote:

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

I agree with you on the above. Minister was proactive in changing the law here but I doubt that there would have been any change without somebody challenging it in the High Court. I don't know much about the case to be honest other than it was this visa requirement that was challenged and it's awaiting a hearing.

Obie wrote:

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.

For 5 years the Irish Justice ministers under FF have evaded their legal duties, and violated EU law on numerous occasion, without the slightest care in the planet. I am sure, if Mr Shatters wanted to do the same, he could have prolonged the matter further, without any adverse consequences. At best they would have settled this matter out of court, like the did before to the mother -in - law of an irish Citizen, and continue to maintain the status quo, in anycase this case was unreported as far as i know, so it could not have been used as a precedent. The UK has done so before, been to the court and interpreted Article 5(2) as referring to the Residence Card issued by the UK authorities, and the courts have agreed without any questions asked.

We have to give this to Mr Shatters. he tool the bold step of changing this unlawful practice, on the basis that it was illegal.

He must have used own initiative, and realised that in all the circumstance, Article 5(2) can only have one intepretation, which is visa free travel for holder of Resident Card under Article 10.

Which is the case you#re referring to in relation to the Mother in Law?

I can't imagine that htis issue would have been changed without High Court proceedings and I also don't see how this could have been settled out of court or could have gone any other way than a loss for the State.

I don't understand how you can congratulate the Minister on this one. Ireland failed to implement Directive 2004/38 properly and someone challenged it. It's not been challenged before because nobody bothered to as it's not a huge inconvenience to get a visa for a non-EU spouse. However, somebody obviously took a stand this time.

I don't see such a case going any other way than a defeat for the State. They were clearly in the wrong. This is why the Minister changed the law, because the State were going to lose. He acted faster than other Ministers moost likely in order to avoid legal costs due to the current economic issues but the fact remains that this issue had to go through the courts in order for the State to correctly implement the rules.

I am sure you would appreciate that this is not the first time this issue has been taken far. There was a petition to the European Parliament. The commission has sent the Irish Authorities a "Reasoned Opinion" on this. Surely you can't say an unreported JR did what all those abled bodied individual fought for over 5 years to achieve.

You have to accept that if FF was in power, the rules would not have changed,they would not have moved an inch by a JR, and they also would have continued their unlawful practice like other lawless memberstates in violating the rules.

Obie wrote:I am sure you would appreciate that this is not the first time this issue has been taken far. There was a petition to the European Parliament. The commission has sent the Irish Authorities a "Reasoned Opinion" on this. Surely you can't say an unreported JR did what all those abled bodied individual fought for over 5 years to achieve.

You have to accept that if FF was in power, the rules would not have changed,they would not have moved an inch by a JR, and they also would have continued their unlawful practice like other lawless memberstates in violating the rules.

I'm sure that hte last crowd would have let this issue run and run alright. I don't really have any inside info on this unfortunately and it seems that neither of us will ever know why the rules have changed. Either way, the rules have changed and Directive 2004/38 is now properly being implemented and that's to be applauded i suppose.