Visa for EU Family member

[Ixeon659]

I am an EU citizen, my wife is a non-EEA citizen, we both live in the UK. We soon plan to travel to Ireland by car, so we are already preparing documents for her visa. I have a few questions regarding visa application:
1) Because she is a family member of EU citizen, she doesn't have to pay a fee for a visit visa, right?
2) Does she need to provide documents, like:

• Purpose of Travel - A signed letter giving full details of the reason for your visit to Ireland

• Self-Employed - You must provide documentary evidence of your business/company

• Accommodation

• Evidence of Funds

As these documents are usually not required if you apply for a visa under Directive 2004/38/EC?

3) What is the average waiting time for this type of visa?
4) Will it be a short visa or they tend to give a multi-entry visa?
5) If we enter Ireland (Republic) via Northern Ireland, does she need to inform authorities about her arrival (there is no border between those two)?

[Angel99]

Hi,

Visa is gratis. If you choose to apply at the Irish embassy you need;

Marriage certificate
Flight or ferry ticket
You and spouse ID/passport
UK residence document for your spouse


*That type of visa is single entry visa
*It can take up to 1 year to issue it. (Some takes few weeks)


Easiest way is crossing to Northern Ireland then passing through to Ireland without visa (It's allowed for EU/Irish non EU family). On your arrival visit the Monaghan Garda district office, Carrickmacross Immigration or Dundalk Garda to get a border stamp on your spouse passport.


Note: There is severe shortage of accommodation in the eastern side of the Republic and major cities and towns known for job opportunities so make sure you prepare very well because you might need to fork out some quids on Airbnb if necessary.

[Ixeon659]

Easiest way is crossing to Northern Ireland then passing through to Ireland without visa (It's allowed for EU/Irish non EU family).

Do you have a source where I can read about this? As we are going to NI first and then to RoI by car.

There is severe shortage of accommodation in the eastern side of the Republic

Yeap, we are planning to go to the western side of the republic

[Ixeon659]

Flight or ferry ticket

We will have a ferry ticket, but to NI

[Angel99]

Easiest way is crossing to Northern Ireland then passing through to Ireland without visa (It's allowed for EU/Irish non EU family).

Do you have a source where I can read about this? As we are going to NI first and then to RoI by car.

There is severe shortage of accommodation in the eastern side of the Republic

Yeap, we are planning to go to the western side of the republic

You are not the only person using/used this method. By EU law If the non EU citizen has legal residence in departing country, is a spouse of the EU citizen and travelling together by land with all required documents they have to be issued a land border visa.
Now for Ireland since they consider Northern Ireland and Ireland to be one Island it's much easier to cross to the Republic since it's borderless. Irish spouses can apply for residence when they cross this way. Same rules applies to EU spouses.


You can take ferry to Northern Ireland. If your spouse has residence there should be no issues. Without a private car, take train from Belfast to Dundalk..


**Have your marriage certificate and passports around when you enter Northern Ireland.


There are many cases where EU spouses even landed in Dublin airport without visa and were issued EUTR landing stamps.


**If you are not brave/confident enough just apply for visa.

[Ixeon659]

[quote=Angel99 post_id=2188415


**If you are not brave/confident enough just apply for visa.
[/quote]

I just couldn't find any official info where it is officially possible to do it this way. I know that usually EU family members are treated the same way as EU citizens, but official website states they need a visa.

Also we have visited VFS in Edinburgh today and they said my wife needs to apply for a tourist visa and she needs to pay the fee (however the website tells me it is free for EU spouses). When I told them about that, they said it is free only for Irish citizens family members and for EU family members it is a case only when it is a long term visa for moving there, not for short stays? I don't know how to fight with VFS...

[Angel99]

[quote=Angel99 post_id=2188415


**If you are not brave/confident enough just apply for visa.

I just couldn't find any official info where it is officially possible to do it this way. I know that usually EU family members are treated the same way as EU citizens, but official website states they need a visa.

Also we have visited VFS in Edinburgh today and they said my wife needs to apply for a tourist visa and she needs to pay the fee (however the website tells me it is free for EU spouses). When I told them about that, they said it is free only for Irish citizens family members and for EU family members it is a case only when it is a long term visa for moving there, not for short stays? I don't know how to fight with VFS...
[/quote]


That's entirely wrong. First you apply online here

https://www.visas.inis.gov.ie/AVATS/Vis ... tails.aspx

Reason for travel; family member of EU/EEA, swiss cit (spouse)
Purpose of travel; Accompanying spouse


After you have filled out the whole form you will be directed to where to submit your supporting documents (Either Irish embassy or visa processing center) With the form in hand and supporting documents they will know which type of visa you are applying for.(You can also tell them short stay C visa for EU family member members). This information is even on the VFS Ireland Edinburgh website below

https://www.vfsglobal.com/one-pager/ireland/uk/english/



You probably tried to explain your situation and options to them and they told you something else.

[Angel99]

Regarding the border crossing via NI you will find the Freemovement directive guidelines here. In your case, number "23" Missing documents.

https://www.google.com/search?q=free+mo ... _202301392

[littlerr]

Entering Ireland via NI without a visa for a visa-required national is considered an unauthorised entry. This is different from going through an Irish port of entry and getting a permission from the Border Force, as the Border Force will need to assess whether the entry eligibility has been met first. In essence it means you are an illegal immigrant first before you seek to get your permission normalised.

While this is something that was commonly done in the past thanks to EU Treaty Rights (not that it’s legal, but the immigration officer knows the person will be granted a permission in the end anyway so wouldn’t bother creating extra work for themselves), the UK is no longer part of the EU, and post-Brexit relations have made this much more unpredictable. There is no guarantee that the person would be granted a residence permission, and even if they are granted a permission, there is nothing preventing the Minister to place a warning of illegal entry on the person’s file.

[Angel99]

Entering Ireland via NI without a visa for a visa-required national is considered an unauthorised entry. This is different from going through an Irish port of entry and getting a permission from the Border Force, as the Border Force will need to assess whether the entry eligibility has been met first. In essence it means you are an illegal immigrant first before you seek to get your permission normalised.

While this is something that was commonly done in the past thanks to EU Treaty Rights (not that it’s legal, but the immigration officer knows the person will be granted a permission in the end anyway so wouldn’t bother creating extra work for themselves), the UK is no longer part of the EU, and post-Brexit relations have made this much more unpredictable. There is no guarantee that the person would be granted a residence permission, and even if they are granted a permission, there is nothing preventing the Minister to place a warning of illegal entry on the person’s file.

That's not how it works. Regardless whether UK is non EU country you can still enter via NI and obtain a land border stamp at the nearest Garda HQ. (Garda HQ is the land border)

Irish/EU immediate family are not classified as illegals using this method. Especially EU spouses, have 3 months free permission without any prerequisite. Irish spouses have to request for permission after arrival.

EUTR form has land border as an option for arrival. Its not there for no reason.

Up till now if fortunate and arrived at Dublin airport without visa you will be allowed entry.

Your departing country shouldn't be an EU country if you are availing your Freemovement rights with non EU spouse via land.

[Angel99]

No. 23

If an EU citizen or the non-EU family member accompanying or joining the EU citizen does not have the necessary
travel documents or, if required, the necessary visas, the Member State concerned must, before turning them back,
give such a person every reasonable opportunity to obtain the necessary documents, or have them brought to him
or her within a reasonable period of time, or corroborate or prove by other means that the person is covered by
the right of free movement (Article 5(4) of Directive 2004/38/EC). In such circumstances, the burden of proof
lies on the EU citizen or the non-EU family member to prove that the person is a beneficiary of the
Directive.

[Ixeon659]

That's entirely wrong. First you apply online here

https://www.visas.inis.gov.ie/AVATS/Vis ... tails.aspx

Reason for travel; family member of EU/EEA, swiss cit (spouse)
Purpose of travel; Accompanying spouse


After you have filled out the whole form you will be directed to where to submit your supporting documents (Either Irish embassy or visa processing center) With the form in hand and supporting documents they will know which type of visa you are applying for.(You can also tell them short stay C visa for EU family member members). This information is even on the VFS Ireland Edinburgh website below

https://www.vfsglobal.com/one-pager/ireland/uk/english/



You probably tried to explain your situation and options to them and they told you something else.

Yeap, I filled out the form and the reason for travel was family member of EU/EEA, swiss cit (spouse), but VFS said it is only for those who intends to move to Ireland.

[Angel99]

That's entirely wrong. First you apply online here

https://www.visas.inis.gov.ie/AVATS/Vis ... tails.aspx

Reason for travel; family member of EU/EEA, swiss cit (spouse)
Purpose of travel; Accompanying spouse


After you have filled out the whole form you will be directed to where to submit your supporting documents (Either Irish embassy or visa processing center) With the form in hand and supporting documents they will know which type of visa you are applying for.(You can also tell them short stay C visa for EU family member members). This information is even on the VFS Ireland Edinburgh website below

https://www.vfsglobal.com/one-pager/ireland/uk/english/



You probably tried to explain your situation and options to them and they told you something else.

Yeap, I filled out the form and the reason for travel was family member of EU/EEA, swiss cit (spouse), but VFS said it is only for those who intends to move to Ireland.

Either the person has no clue about the rules or just misguided you. You are allowed to travel with your spouse for stays up to 3 months for free.

You should have just handed over the documents to the agent, mention the type of visa you are applying for. That's all. No need for additional information.

Print this out and go there again or apply in Manchester or London if possible.
scroll down to "Length of stay"

https://europa.eu/youreurope/citizens/t ... e-card-yes



If your non-EU family members have the required documents, they are entitled to accompany or join you without any conditions or formalities for consecutive periods of up to 3 months per EU country visited. They are not subject to the overall limitation of up to 90 days in a 180-day period that applies in the Schengen area. You can combine stays in different EU countries without an overall time-limit (as long as the conditions of the EU rules on residence are met).

[Ixeon659]

Either the person has no clue about the rules or just misguided you. You are allowed to travel with your spouse for stays up to 3 months for free.

This is what Irish Embassy wrote to me:

Code: Select all

We can confirm that your wife will be exempt the visa fee as the spouse of an EU national provided you can provide evidence of same i.e marriage certificate and copy of your passport. 

You may apply under the Spouse of EU national category as per the EU directive, however these applications types will be then forwarded to our colleagues in Dublin where the processing time will often far exceed that of a visit visa processed by our office. 

Should you wish to apply for a visit visa, you must submit the required documentation as per the checklist available on our website. 

Please show this email to VFS when applying. 

[Angel99]

Yes they are right. normally this type of visas are sent to Dublin for approval, some are approved at the embassy. But after the visa is issued your spouse can either use it to stay in the state or return. **It's a single entry 3 months visa. Return ticket date is irrelevant to the visa**.

The processing depends, It can take couple of weeks to 1 year depending on your application or the mood of the case worker. since you will provide a return ticket, it might speed up the process.

I will urge you to apply for that type of visa. With visit visa you are in the hands of the irish domestic law and can refuse you on any grounds. This can impact on the next Irish visa applications.

All the best!.