Post
by debion » Thu Nov 08, 2012 8:13 pm
Well guys after much stress we found our response-thanks for all the help- Solvit are great- embassy will have to take the paperwork- they did a complete u turn- hopefully he will be granted entry- below ive pasted response from Solvit it may help others- please feel free to share
Thank you for our enquiry.
I have read the details of your enquiry.
I wish to refer you to EU Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the EU Member States.
The personal scope of the Directive is quite wide and covers not only Union citizens but also their family members. Your family members (including your spouse), irrespective of their nationality, have the right to accompany or join you in a Member State other than that of your nationality. This right applies irrespective whether they have previously been residing in another Member State.
Article 5(2) of the Directive provides that Member States may require third country family members moving with or joining an EU citizen to whom the Directive applies to have an entry visa. Such family members have not only the right to enter the territory of the Member State, but also the right to obtain an entry visa. This distinguishes them from other third country nationals, who are not married to EU nationals and thus have no such right.
Third country family members should be issued as soon as possible and on the basis of an accelerated procedure with a free of charge short-term entry visa. By analogy with Article 23 of the Visa Code the Commission considers that delays of more than four weeks are not reasonable. The authorities of the Member States should guide the family members as to the type of visa they should apply for, and they cannot require them to apply for long-term, residence or family reunification visas.
As the right to be issued with an entry visa is derived from the family link with the EU citizen, Member States may require only the presentation of a valid passport and evidence of the family link. Please note that no additional documents, such as a proof of accommodation, sufficient resources, an invitation letter or return ticket, can be required.
I should add that every Union citizen has the right to reside on the territory of the host Member State for a period of up to three months without any conditions or formalities other than the requirement to hold a valid identity card or passport. It does not matter whether you came to work or study there or just to visit as a tourist. A valid identity card or passport is all you need! Third country family members who accompany or join you can reside with you for up to three months just with their passport. The Directive provides that EU workers and self-employed persons have the right to reside for longer than 3 months without any conditions other than being a worker or self-employed person. Your family members, irrespective of their nationality, also have the right to reside with you provided that you are working or self-employed.
Based on the information that you have provided your husband should have received a visa to enter Ireland as the spouse of an EU national who is exercising EU Treaty Rights.
