No irish visa required if you have any Residence Card

ChIrl wrote:Good to hear that. My friend is planning to travel to IRL based on the residence card issued in UK.

What type of Residence card Holland issues? Does the Residence card contain "Residence card of a family member of a Union Citizen"?

Did Garda ask any questions?

The Dutch Residence card says Dutch Residence Permit in a small print at the bottom. Apart of that the front also has a print saying Document Type : EU.

The backside of the card mentions the permit is for family of EU national however it is in Dutch. The Garda did not even look at the backside and surprisingly did not ask me any question.


You can see the permit here
http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf
but feel it will not be a great trouble for yur friend to get in.

newbieholland wrote:I want to find a link which says they should not stamp my passport for my next visit now

Anybody?

newbieholland wrote:

newbieholland wrote:I want to find a link which says they should not stamp my passport for my next visit now

Anybody?

Irish Law SI 656 of 2006
http://www.irishstatutebook.ie/2006/en/si/0656.html
download
http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf

SI 656 of 2006 wrote: (4) An immigration officer shall not, at the point of entry, place a stamp in the passport of a qualifying family member who presents to the officer a valid residence card.

acme4242 wrote:

newbieholland wrote:

newbieholland wrote:I want to find a link which says they should not stamp my passport for my next visit now :)

Anybody?

Irish Law SI 656 of 2006
http://www.irishstatutebook.ie/2006/en/si/0656.html
download
http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf

SI 656 of 2006 wrote: (4) An immigration officer shall not, at the point of entry, place a stamp in the passport of a qualifying family member who presents to the officer a valid residence card.

Unfortunately that is the Irish Regulation which defines "residence card" as an EU FAM GNIB Card issued by the Irish authorities ONLY. So as it stands, non EU nationals passports are getting stamped on entry even if they have a residence card from another State.

This policy is in breach of EU Directive 2004/38. The relevant legislation you should be presenting is Article 5 (3) of Directive 2004/38. However, this will not wash with GNIB Officers on entry who tend to be ars*holes as a general rule.

The only way to rectify this would be a complaint via judicial review in the High Court. It's a very minor matter though that doesn't put anyone out really so that there is unlikely to be anyone in a position to challenge this practise, despite it clearly being in breach of Directive 2004/38

Muttsnuts wrote:

acme4242 wrote:

newbieholland wrote:

newbieholland wrote:I want to find a link which says they should not stamp my passport for my next visit now

Anybody?

Irish Law SI 656 of 2006
http://www.irishstatutebook.ie/2006/en/si/0656.html
download
http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf

SI 656 of 2006 wrote: (4) An immigration officer shall not, at the point of entry, place a stamp in the passport of a qualifying family member who presents to the officer a valid residence card.

Unfortunately that is the Irish Regulation which defines "residence card" as an EU FAM GNIB Card issued by the Irish authorities ONLY. So as it stands, non EU nationals passports are getting stamped on entry even if they have a residence card from another State.

This policy is in breach of EU Directive 2004/38. The relevant legislation you should be presenting is Article 5 (3) of Directive 2004/38. However, this will not wash with GNIB Officers on entry who tend to be ars*holes as a general rule.

The only way to rectify this would be a complaint via judicial review in the High Court. It's a very minor matter though that doesn't put anyone out really so that there is unlikely to be anyone in a position to challenge this practise, despite it clearly being in breach of Directive 2004/38

yes, your right, Ireland are breaking the law on this also.
http://ec.europa.eu/justice/doc_centre/ ... nce_en.pdf

2004/38/EC Art. 5.3

Incorrect transposition

Note that the residence card referred to in
regulation 4(4) is only a residence card issued
by the Irish authorities (given the definition in
regulation 2). As Article 5(3) of the Directive
means that this prohibition also applies in
respect of residence cards issued by other
Member States, it has not been properly
transposed.

Note that no reference to exit stamps, but this is
in practice unlikely as Ireland does not operate
exit controls and probably already covered by
transposition of Art 4.1

Hi, i have a German family residence card "aufenthaltskarte für familienangehörige eines unionsbürgers" for 5 years. I am a visa require national to enter the Republic of Ireland. Can i got to Dublin without my wife for a weekend and just with the family residence card and my passport?
thanks

ps: i have a married certificate too.

krombacher wrote:Hi, i have a German family residence card "aufenthaltskarte für familienangehörige eines unionsbürgers" for 5 years. I am a visa require national to enter the Republic of Ireland. Can i got to Dublin without my wife for a weekend and just with the family residence card and my passport?
thanks

ps: i have a married certificate too.

The Visas order that came in in APril 2011 suggests that you do not have to travel with your EU national spouse (or be joining them in Ireland). I would have thought that you do have to be travelling with them or joining them but it would seem that according to the wording, you do not have to.

However, I would make sure to check with your nearest Irish EMbassy on this point just to be on the safe side....

I hope IRE will soon stop stamping the passport of non EU spouse of EU citizen with a residence card from another member state. Hope the UKBA be more human too.What they are doing is definitely against the EU law.

irish immigration stop stamp the non eu passport member of eu.i think some body have to make complaint in eu court .

I just happened to enter IRE from outside the EU. They stamped my passport again,and I am not happy about this at all. Are they allowed to put the stamp if you have a GNIB stamp 4? Or does it have to be an RC from another member state for getting in without the entry stamp?

newbieholland wrote:I just happened to enter IRE from outside the EU. They still stamping the passport.

Are they allowed to put the stamp if you have a GNIB stamp 4?

Yup, but not if you have Stamp 4 EUFam. That's against Irish law. Specifically, Regulation 4(4) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006:

An immigration officer shall not, at the point of entry, place a stamp in the passport of a qualifying family member who presents to the officer a valid residence card.

This section of the law is usually ignored by GNIB officers though. If it came to it, the loophole they'd likely use for justification is that it isn't possible, based on presentation of passport and Stamp 4 EUFam card only, to determine whether the holder is a "qualifying family member" or a "permitted family member", as defined in the Regulations.

Ben wrote:
This section of the law is usually ignored by GNIB officers though. If it came to it, the loophole they'd likely use for justification is that it isn't possible, based on presentation of passport and Stamp 4 EUFam card only, to determine whether the holder is a "qualifying family member" or a "permitted family member", as defined in the Regulations.

What is the difference between the both? If you have a EU4Fam which is valid for 6 months then are you a Qualifying family member rather than being permitted family member? Again this will be a descrimination against the family of EU nationals who are still waiting on the GNIB card with 5 year validation and are provided with the temporary one only. INIS does not have any provision where they offer the 5 years residecne card to anyone bofore the 6 months time from their application.

newbieholland wrote:What is the difference between the both?

In the European Communities (Free Movement of Persons) (No. 2) Regulations 2006, Directive 2004/38/EC's Article 2 (family member) is transposed as "qualifying family member" and Article 3 (beneficiary) is transposed as "permitted family member".

Hi guys I have a German Family resident card for five years as my wife is German, I was wondering if I could travel alone to Ireland and they told me that i need a visa to travel alone if my wife is Not Traveling with me, even know I have a Family Resident Card of a Union Citizen. So i applied and they issued a visa type "C" Spouse of a EU Citizen B/O. so i guess if you travel with your wife then you dont need a visa but if you travel alone you need one, which its a pain becuse you dont know if you are going to get it or not.

I also got a refusal for from UKBA and i appealed the visa refusal and the hearing was las friday,so i'm waiting for the letter to see what was the decision on my british dilema/nightmere.

krombacher wrote:Hi guys I have a German Family resident card for five years as my wife is German, I was wondering if I could travel alone to Ireland and they told me that i need a visa to travel alone if my wife is Not Traveling with me, even know I have a Family Resident Card of a Union Citizen.

Look at http://www.irishstatutebook.ie/2011/en/si/0146.html

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:
[...]
(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 citizen”, as referred to in Article 10 of the Directive of 2004.

According to this I would say that you do not require a visa but... only if you have a residence card issued based on the Directive. If you live in Germany, your wife is German and she never live in another EU State, I guess your residence card was issued based on local (German) law - not the Directive.

But if it is the card mentioned in Directive just be aware that immigration officers are not familiar even the Irish law so it's better to have a copy of S.I. No. 146/2011 - Immigration Act 2004 (Visas) Order 2011 with you. If you can quote this Order while contacting the embassy I'm curious what the answer would be.

Ben wrote:

newbieholland wrote:I just happened to enter IRE from outside the EU. They still stamping the passport.

Are they allowed to put the stamp if you have a GNIB stamp 4?

Yup, but not if you have Stamp 4 EUFam. That's against Irish law. Specifically, Regulation 4(4) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006:

An immigration officer shall not, at the point of entry, place a stamp in the passport of a qualifying family member who presents to the officer a valid residence card.

That argument does not hold water.

Article makes provision for Residence card to be issued to both family members and OFM. It never made any distinction as to the type of residence card that should be issued to these beneficiaries.

Article 5 states that stamp should not be placed on the passport of someone who holds a residence card issued under Article 10.

It follows that should distinctions are discriminatory and contrary to the directive.
This section of the law is usually ignored by GNIB officers though. If it came to it, the loophole they'd likely use for justification is that it isn't possible, based on presentation of passport and Stamp 4 EUFam card only, to determine whether the holder is a "qualifying family member" or a "permitted family member", as defined in the Regulations.

Hope uk will follow the same.

hello i sent email to Garda National Immigration Bureau to explain I have EEA residence Card in UK can i enter Ireland with out need for a visa or if i join my EU national partner they where replay me
Dear Sir/Madam,

If your residence card has been issued to you under the Directive 2004/38/EC (free movement directive) you may travel to Ireland with out need for a visa as per the Statutory Instrument 146/2011 - Immigration Act 2004 (Visas) Order 2011.
You will need your passport and residence card.

Yours sincerely,
Sent on behalf of
Detective Chief Superintendent,
Garda National Immigration Bureau

please i need urgent reply about this

thanks

What reply do you seek again? You have been advised by the Irish authority that you do not require further visa, what more clarification do you want, you clearly do not need a visa.

I have EU family residence permit from another EU country. This is not accepted to enter Ireland.
Make sure your card says RESIDENCE CARD and not residence permit!!

masterboy123 wrote:I have EU family residence permit from another EU country. This is not accepted to enter Ireland.
Make sure your card says RESIDENCE CARD and not residence permit!!

You didn't have EU residence card, you had a residence permit issued by an EU country pursuant to that country's immigration rules, OP said he has EEA residence card, he is allowed visa free to Ireland you aren't because your residence permit was not issued under the Directive 2004/38/EC.

Obie wrote: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

hello ime hoping somebody can help me , i am a british citizen and ime wanting to travel to ireland with my non eu wife , she is originally from albania and hold a albanian biometric passport but has lived in greece all her life with her family and holds a valid residence card for a family member of a union citizen . i was wondering if we would encounter any problems when travelling there either before boarding the plane in greece or when we get to ireland ? and would she need one of her family memebers to come with her for this card to be valid or would it be ok as i am a eu citizen my self and we are married ???? any help would be greatly appreciated !!!!!!!!!!!!!!!!!!

5 years after this law was passed and Irish embassies in Europe still don’t know about it? Or does it not apply to me? I am an Irish citizen, permanent resident of Cyprus. I want to visit Ireland at Christmas for 2 weeks together with my non-EU spouse (Syrian) who has the correct “Article 10” Residence Card issued by Cyprus. The Irish Embassy here in Cyprus insists he must apply for a visa in advance or risk being refused entry! Thinking that maybe I just got a new employee on the phone, I phoned 3 other Irish Embassies in Europe and got the same answer. The law appears very clear, but maybe it does not apply in our case as I am Irish? Although I am exercising my free movement treaty rights by living and working in Cyprus (for 20 years now). Any advice from Irish citizens with non-EU spouses in similar situations would really be appreciated. Thanks!

They should accept it if it was issued on article 10, even if you are Irish, please update the topic if you were accepted or refused!

In theory Irish only accepts article 10 cards, that is with 5 years validity, but there is no mention of article 20 cards which is permanent resident card for your wife. UK cleared it up that article 10 and 20 is good too, so the card just have to be issued on 2004/38.
Ireland did not clarify if article 20 permanent resident card is accepted or not, but in theory it should be.

https://www.gov.uk/government/publicati ... dence-card

http://www.irishstatutebook.ie/eli/2014 ... e/en/print

What about holders of a UK settlement spouse visa? This is not mentioned in the amended act....