Directive 2004/38/EC and "Residence Card/Permit" d

[Ben]

Not at all Obie!

By the way, I'm not lawyer, just an ordinary guy who's interested in Directive 2004/38/EC and how it's implemented across the EU, and also in other Irish / British immigration issues and policies. Yeh - I'm sad like that. What can I say, no other hobbies.

I'm learning too, and there have been times when I've called on the forum for answers to my own questions - and I'm sure they'll be many more of those times to come!

[DFDS.]

Benifa, its been avery long journey to get this far, do we have to go back? at least not with you!

Sorry?

I was a bit disappointed with your previous post on this thread, about the legality of a non EEA spouse traveling visa free. I was sure someone had hacked into your account, pretended to be Benifa! now after going through your clarifications, am one of them guys proud of you as usual.
Cheers!

[Directive/2004/38/EC]

benifa,

It is exactly that clause and the ECJ case of MRAX.

In some cases you should have a visa and it will make travel a lot easier. But you can also travel without the "required" visa.

Entering Ireland without having the required visa may result in them giving you a "visa warning". I doubt such a warning has much effect for the family member of an EU citizen, but it makes them happy to have done it. I can't see that it is illegal in itself.

Mike

[Ben]

Mike

Your name is Mike!

The mystery, ladies and gentlemen, is revealed!

[Obie]

Entering Ireland without having the required visa may result in them giving you a "visa warning". I doubt such a warning has much effect for the family member of an EU citizen, but it makes them happy to have done it. I can't see that it is illegal in itself.

Mike

I do think it is unlawful for one to be given a warning for doing something which is not considered wrong, or is within their rights.

There are implications for the holder of the passport on which the warning is endorsed. It will make it difficult for them to obtain a visa when traveling to areas outside the community. As narrow minded countries may consider them as illegal entrant or may be thinking that the individual may intend to violate their immigration rules.

There is a tendency that an entry clearance officer or an immigration officer may consider this to be an immigration violation, when it is not. They may be ignorant of the EU regulations.

If this warning was given in writing on a piece of paper, i will have little or no problem with it.

I personally think it should be appealed.