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MOVEMENT RIGHTS OF FAMILY MEMBERS OF EU NATIONALS

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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spidexx
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Posts: 9
Joined: Thu Aug 09, 2012 4:52 pm

MOVEMENT RIGHTS OF FAMILY MEMBERS OF EU NATIONALS

Post by spidexx » Sun Aug 12, 2012 11:46 pm

Hello House, I salute you all.

I was just reading about the movement rights of EU nationals and their Non-EU family mmebers, and i came accross this - "In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident. In 2008 following a decision by the European Court of Justice this requirement was removed by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (pdf) ".

Does this mean that say for example: If a British National and his/her non-EU partner (who was illegally resident in UK ) arrives through sea-port or land border in Ireland , Will the non-EU partner be allowed into Ireland at the point of entry .

Can someone with experience please explain to me what the normal procedure is in such situation ?

djbonnet
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Posts: 18
Joined: Mon Jul 16, 2012 10:22 am

Re: MOVEMENT RIGHTS OF FAMILY MEMBERS OF EU NATIONALS

Post by djbonnet » Mon Aug 13, 2012 12:14 am

spidexx wrote:Hello House, I salute you all.

I was just reading about the movement rights of EU nationals and their Non-EU family mmebers, and i came accross this - "In order to benefit from the Regulations it was a requirement that the family member must be arriving from another EU state where he or she was legally resident. In 2008 following a decision by the European Court of Justice this requirement was removed by the European Communities (Free Movement of Persons) (Amendment) Regulations 2008 (pdf) ".

Does this mean that say for example: If a British National and his/her non-EU partner (who was illegally resident in UK ) arrives through sea-port or land border in Ireland , Will the non-EU partner be allowed into Ireland at the point of entry .

Can someone with experience please explain to me what the normal procedure is in such situation ?
Not very experienced but the non eu spouse, does he hold valid passport?

ca.funke
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Location: Zürich, CH (Schengen)
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Re: MOVEMENT RIGHTS OF FAMILY MEMBERS OF EU NATIONALS

Post by ca.funke » Mon Aug 13, 2012 8:59 am

spidexx wrote:...If a British National and his/her non-EU partner ... arrives through sea-port or land border in Ireland , Will the non-EU partner be allowed into Ireland...
Yes.

In the UK you may be/get into trouble because of "reverse discrimination", however in any other EU state than the UK, a non-EU national of a UK citizen can practically not be illegal, as long as yee travel/move together!

You can find corresponding info in this forum.

Crossing the land-border (NI/Ireland) you will, in all likelihood, not meet any control personnel.

Rgds, Christian

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