Non Eu(Egyptian passport) holding an Eu family residence card art.20 2004/38/Ce travelling to ireland alone

[Mayrifaat]

Hi am an Egyptian citizen family member of Eu Italian national with an Italian family member card permenant residence . I am an eu resident since 13 years . My family residence card says this Art.20 2004/38/CE . I would like to visit ireland on holidays alone without my Eu family member . Am i granted entry without a visa , even if i travel alone ? Many websites mention that i can travel without my spouse with a passport and residence family card. Kindly confirm i would like to avoid any inconvenience at the airport.
Regards, May

[meself2]

Just to be sure, what country do you live in? Italy or elsewhere?
If former - no; if latter, technically, you can, but airlines might be hard to persuade.
Id'd advise you to get a visa (which you can get for free as EU family member) if you can.

[Angel99]

To addup to @Meself2, have you lived in another EU country with your Italian family before?

The remarks stated on your residence card (Art.20 2004/38/CE) means free movement directive which gives entry without a visa to EU/EEA countries even if unaccompanied by the EU citizen.

** However, If you and your Italian family member haven't lived together in another EU country before it's best you use that residence card only in Schengen area even if the remarks says Art.20 2004/38/CE.

Italy,Spain,Portugal and Czech Republic are known to give thier citizen family members such cards even if they haven't exercised their freemovement rights in another EU country before.

https://www.irishimmigration.ie/coming- ... 0you%20are

[Mayrifaat]

Just to be sure, what country do you live in? Italy or elsewhere?
If former - no; if latter, technically, you can, but airlines might be hard to persuade.
Id'd advise you to get a visa (which you can get for free as EU family member) if you can.

I live in Italy , moved to spain for a few months but my document is issued in Italy of which i have been a resident ever since i moved to italy on a study visa then a work visa and then after marriage and many years residing in the country they granted me the permenant residence.

[Angel99]

Just to be sure, what country do you live in? Italy or elsewhere?
If former - no; if latter, technically, you can, but airlines might be hard to persuade.
Id'd advise you to get a visa (which you can get for free as EU family member) if you can.

I live in Italy , moved to spain for a few months but my document is issued in Italy of which i have been a resident ever since i moved to italy on a study visa then a work visa and then after marriage and many years residing in the country they granted me the permenant residence.

Unfortunately your residence card was issued under Italian national law and doesn't grant visa free to Ireland. If you and your Italian spouse had lived in another EU country then returned to Italy, your residence card would've been issued under EU law which will grant you visa free to Ireland.

You can travel within Schengen zone by yourself.

[Mayrifaat]

This is the Reply i got from
The European union treaty

Dear Madam,

Thank you for your enquiry.

I have read the details of your enquiry.

I wish to inform you that recent Guidance issued by the Commission indicates that possession of a residence card issued under Article 10 and Article 20 of Directive 2004/38/EC constitutes sufficient proof that the holder of that card is a family member of an EU citizen. The residence card has visa exempting effect in every Member State, including in the EU citizen s Member State of nationality and regardless of the participation of the issuing or visited Member State in the Schengen area without controls at internal borders (the Schengen area). Therefore, regarding the above-mentioned residence cards, the holders are exempt from the visa requirement independently of whether or not the holder of the card accompanies or joins the EU citizen.

On the Irish website, https://www.irishimmigration.ie/coming- ... a-or-swiss -national the following is specified:

Please note, if you are the holder of a document called Residence card of a family member of a Union citizen as referred to in Articles 5(2) and 10(1) of Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of Member States, then you are not a visa required national for Ireland and can travel to the State without a visa, independently of whether your Union citizen family member accompanies or joins you in this State, for up to but not exceeding a period of 90 days )

[Angel99]

Inform them your spouse is an Italian citizen and your residence card with the remarks Directive 2004/38/EC was issued by the Italian authorities. They will give you the right answer.

[Angel99]

on the one hand, non-EU family members of EU citizens or Italian nationals living in an EU country other than their country of origin, i.e. who have exercised the right to free circulation granted to European Union citizens, continue to be authorised to access the residency card as governed by Articles 10 and 14 of Legislative Decree No. 30 of 2007.


Now you make your own take.

*You can choose at your own risk to travel alone with the residence card. If lucky the immigration officer might not ask you how you got it. He can simply ask your spouse nationality and the reason you are travelling alone.

*Or you can travel with your spouse. With this the residence card will become irrelevant.