Travel from Northern ireland to Irish Republic

[ehuey]

Hello My husband is an non EU national I am British. We live in Northern Ireland and have just appealled his EEA2 European residency which has been approved. He is now waiting to hear from the home office to get this in his passport. His spouse visa for UK has also expired but he still has his Spanish Europen residency cardas we were married and lived in Spain before. Is it legally possible to travel to the Irish Republic from Northern Ireland for a holiday as we will probably have to wait quite a while for the home office to issue his EEA2 card. Thanks

[rachellynn1972]

Northern ireland and republic of ireland have common travel area with no passport control, a non eea spouse of an eea have the first 3month treaty right to travel to any eea country apart from own country without requesting a residence card as long you are travelling together and its holiday moreover all is called treaty right so much for a freemovement.

[Directive/2004/38/EC]

Hello My husband is an non EU national I am British. We live in Northern Ireland and have just appealled his EEA2 European residency which has been approved. He is now waiting to hear from the home office to get this in his passport. His spouse visa for UK has also expired but he still has his Spanish Europen residency cardas we were married and lived in Spain before. Is it legally possible to travel to the Irish Republic from Northern Ireland for a holiday as we will probably have to wait quite a while for the home office to issue his EEA2 card. Thanks

Did he have a "Spouse Visa" or did he have an "EEA Family Permit"?

In general Ireland requires that he either has a Residence Card, which he has applied for, or that he has a visa. The Residence Card allows unlimited visa free entry to Ireland (so you can go shopping for groceries there every weekend if you want!).

Bear in mind that for any "free movement", he has to be traveling with you and you would be well advised (initially?) to always carry your marriage certificate when you travel.

But he can also travel with you without a required visa. See http://eumovement.wordpress.com/2010/08 ... to-travel/ Because you would be traveling by car, and there would be no airline visa checks, you would only have to deal with the Irish GNIB border agents. You should hopefully find that if you are patient you will have no problems in your dealings with them. In fact you may find no border checks at all.

[Punjab]

Hello My husband is an non EU national I am British. We live in Northern Ireland and have just appealled his EEA2 European residency which has been approved. He is now waiting to hear from the home office to get this in his passport. His spouse visa for UK has also expired but he still has his Spanish Europen residency cardas we were married and lived in Spain before. Is it legally possible to travel to the Irish Republic from Northern Ireland for a holiday as we will probably have to wait quite a while for the home office to issue his EEA2 card. Thanks

check my post this is what happend to me ;-(

[Directive/2004/38/EC]

he still has his Spanish Europen residency card

What is your (EU) citizenship? Are you still resident in Spain, eg. did you leave less than 6 months ago and retain the option of returning if things do not go well in Ireland?

There is the possibility of entering Ireland without a visa if your have a "Residence Card". But this would only be legally correct if have not "permanently" left spain and have been gone for less than 6 months. Plus you do not have your passport.

[laspo24]

he still has his Spanish Europen residency card

What is your (EU) citizenship? Are you still resident in Spain, eg. did you leave less than 6 months ago and retain the option of returning if things do not go well in Ireland?

There is the possibility of entering Ireland without a visa if your have a "Residence Card". But this would only be legally correct if have not "permanently" left spain and have been gone for less than 6 months. Plus you do not have your passport.

Do u mean with my RC I can travel to Ireland without visa? as I check on the Irish website and it is clearly stated that visa is required or is it a new law which I don't know of?

[Directive/2004/38/EC]

http://www.immigrationboards.com/viewtopic.php?t=78980 is the policy.

But the question is whether the Residence Card is still valid. If the family member or the EU citizen have permanently left Spain, or if either of you have been away for more than 6 months (in the last year), then the RC is likely not valid any more.

Whether anyone would know it was not valid is another question entirely...

[laspo24]

http://www.immigrationboards.com/viewtopic.php?t=78980 is the policy.

But the question is whether the Residence Card is still valid. If you have permanently left Spain, or if you have been away for more than 6 months (in the last year), then the RC is likely not valid any more.

Whether anyone would know it was not valid is another question entirely...

Well, mine is still valid... ve Uk RC issued last yr... was trying to visit Rep. of Ireland but was told that I will need a visa and had to send away my passport with the RC on it. Tuesday coming will make it 15 working but no news yet about my passport. so don't know if i did the right thing by sending it away for visa though its free visa application.

[Directive/2004/38/EC]

I am confused.

was told that I will need a visa and had to send away my passport with the RC on it.

I had understood you did not (yet) have the UK issued Residence Card. And that you still had the old Spanish Residence Card.

Who have you applied for a visa from? Which RC was in the passport?

[laspo24]

I am confused.

was told that I will need a visa and had to send away my passport with the RC on it.

I had understood you did not (yet) have the UK issued Residence Card. And that you still had the old Spanish Residence Card.

Who have you applied for a visa from? Which RC was in the passport?

Sorry i guess I have Hijacked someone post lol... am not the original owner of this post, so i take it that u re mistaken me for someone else. I am a resident of United Kingdom due to been married to An irish citizen exercising her treaty right in the United Kingdom. though she is dual national. so Does it still make a different?

[Directive/2004/38/EC]

Sorry i guess I have Hijacked someone post lol... am not the original owner of this post, so i take it that u re mistaken me for someone else. I am a resident of United Kingdom due to been married to An irish citizen exercising her treaty right in the United Kingdom. though she is dual national. so Does it still make a different?

So if you have a UK issued Residence Card, then you can use that for visiting Ireland (when traveling with your partner).

Did you also apply for an Irish visa? Did they tell you that you needed a visa? Did they say why?

[Plum70]

So if you have a UK issued Residence Card, then you can use that for visiting Ireland (when traveling with your partner)

Would this be same for the non-EEA spouse of a Swiss national where the UKRC states "Family member of a Swiss national"? I know some EU countries differentiate between EU/EEA and EFTA/Swiss. Haven't found anything concrete on the Irish embassy's site, esp. as this states the contrary: http://www.embassyofireland.co.uk/home/ ... x?id=75477

Thanks

[86ti]

Would this be same for the non-EEA spouse of a Swiss national where the UKRC states "Family member of a Swiss national"?

The Directive only applies to EEA member states but Switzerland is not one of them. It was a choice made by the UK to issue a residence card. But they also label it accordingly.

[Plum70]

Would this be same for the non-EEA spouse of a Swiss national where the UKRC states "Family member of a Swiss national"?

The Directive only applies to EEA member states but Switzerland is not one of them. It was a choice made by the UK to issue a residence card. But they also label it accordingly.

I take it that's a "No" then. Though again the bilateral agreements with CH should not allow for this differentiation; there is simply no (obvious) benefit in doing so. EU/EEA/EFTA = Freedom of movement.

[86ti]

there is simply no (obvious) benefit in doing so. EU/EEA/EFTA = Freedom of movement.

I agree. Austria for example doesn't even make a difference in law. The residence card reads accordinlgy 'for citizens of the EEA and Switzerland'.

[Directive/2004/38/EC]

As far as I understand, the "agreement" between Switzerland and the EU largely parallels Directive 2004/38/EC. What is different is that ECJ decisions do not have effect in Switzerland, so for instance MRAX and Singh are not legally effective.

A while ago I noticed that the 2008 Practical Handbook for Schengen Border Guards was slightly amended in 2008 to reflect the new member states. Interestingly the amendments remove mention of family members of Swiss (CH) citizens when talking about entering Schengen without a required visa (change to point 6.3.2). This means that family members of Swiss citizens can not enter Schengen without of visa if they would normally require a visa but do not have it. [edited]

[Plum70]

As far as I understand, the "agreement" between Switzerland and the EU largely parallels Directive 2004/38/EC.

Which is why I do not understand the 'benefits' to the EU states who decide to differentiate.

My husband and I never know what the response is going to be when I either present my RC or he his Swiss ID card for immigration/admin purposes: once we were opening a bank account and the agent refused to accept or recognise hubby's Swiss ID because, as he put it, "CH is not part of the EU/EEA"! Also in '09 the French embassy charged me a Schengen visa fee for the same reason; this was later refunded when I proved them wrong.

I don't get it...