URGENT!!! RC FAMILY MEMBER OF EEA CITIZEN NEEDS VISA?

[MarksGrace]

Hi I got my residence card as a family member of an eea citizen today, we are unmarried but in a durable relationship and have a son together. I've been to Ireland with my partner several times already using a visitors visa multiple entry.

I sent the Irish embassy in london an email today to ask if my residence card would be enough but was told that my residence card should be "FAMILY MEMBER OF AN EU CITIZEN" instead of EEA.... Im now very confused and nervous as we want to travel to Ireland for christmas.... any help would be appreciated thanks.

[Malika]

Are you a visa-required national? if yes, then you need a visa.
you should have enquired with the embassy earlier.

[MarksGrace]

but I thought that as long as I am a holder of a valid residence card I do not need to apply for a visa... I was not able to apply for a visa because we submitted my residence card application and just got it back today.

[jotter]

http://www.immigrationboards.com/viewtopic.php?t=30020
http://www.immigrationboards.com/viewtopic.php?t=95372

Based on the above, the person you spoke to was talking out of their backside. Certainly the 'EEA vs EU' comment sounds completely spurious and suggests the person didn't know what they were talking about. You might want to call again and make reference to the Directive in the above link. Maybe you'll get someone else a bit more cluey. Understandable that you want to verify this before just turning up at the airport though. You might want to try to reach member ca.funke about this, who has done a lot of work on it.

[jotter]

I sent the Irish embassy in london an email today to ask if my residence card would be enough but was told that my residence card should be "FAMILY MEMBER OF AN EU CITIZEN" instead of EEA

Just realized I may have misinterpreted you on this. Are you saying that they told you "FAMILY MEMBER OF AN EEA CITIZEN" was not acceptable for a visa-free visit? Or did they simply use the term "FAMILY MEMBER OF AN EU CITIZEN" instead?

If it was the former case, then see my above answer.

If it was the latter case, then I don't think you need to worry, because in this context 'EU' and 'EEA' are the same. There is no UK residence sticker that says: "FAMILY MEMBER OF AN EU CITIZEN". The person you spoke to used one acronym but meant the other. If in doubt on that then give them another call.

[MarksGrace]

I sent the Irish embassy in london an email today to ask if my residence card would be enough but was told that my residence card should be "FAMILY MEMBER OF AN EU CITIZEN" instead of EEA

Just realized I may have misinterpreted you on this. Are you saying that they told you "FAMILY MEMBER OF AN EEA CITIZEN" was not acceptable for a visa-free visit? Or did they simply use the term "FAMILY MEMBER OF AN EU CITIZEN" instead?

If it was the former case, then see my above answer.

If it was the latter case, then I don't think you need to worry, because in this context 'EU' and 'EEA' are the same. There is no UK residence sticker that says: "FAMILY MEMBER OF AN EU CITIZEN". The person you spoke to used one acronym but meant the other. If in doubt on that then give them another call.

***This is their reply to me***


londonvisaoffice@dfa.ie
12:50 PM (4 hours ago)

to me
EU Regulations specify that certain family members should be issued with a document called "Residence card of a family member of a Union citizen"
Please see Article 10 of the Directive 38/2004 http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF
. . . . .
Irish Immigration Regulations classify "non-nationals who are family members of a Union citizen and holders of a document called “Residence card of a family member of a Union citizen”, as referred to in Article 10 of the Directive of 2004" as not requiring a visa to enter Ireland.
Please see link to SI 345 of 2011 http://www.inis.gov.ie/en/INIS/Pages/Ir ... nformation
. . . . .
Your residence card is called "Residence card of a family member of an EEA National", (not the same as a Union citizen and that is a matter for the UK Authorities); however an Immigration Officer may accept that the residence card issued to you has been issued pursuant to Article 10 of the EU Directive of 2004.

You are also free to apply for a visa which will be processed free of charge once the original marriage certificate and spouse’s original EU passport are submitted in support of the application.

Please see our website for how to apply, processing times, etc: http://www.embassyofireland.co.uk/home/ ... x?id=33732

Regards,

Visa Office,
Embassy of Ireland,
London.

[Malika]

Hi I got my residence card as a family member of an eea citizen today, we are unmarried but in a durable relationship and have a son together. I've been to Ireland with my partner several times already using a visitors visa multiple entry.

Please, if you don't mind my asking, on what basis did you obtain residency? If you have been coming to Ireland with visa, what has made you not obtain a visa now?

[Malika]

but I thought that as long as I am a holder of a valid residence card I do not need to apply for a visa... I was not able to apply for a visa because we submitted my residence card application and just got it back today.

I am a holder of Irish Residency Card but would still need a visa to travel to the UK since am required to have one. am not married to an EU National (which would open so many doors!). I know a parent with a child who has Irish Citizenship but is required to have a visa when travelling to the UK.

[EUsmileWEallsmile]

I sent the Irish embassy in london an email today to ask if my residence card would be enough but was told that my residence card should be "FAMILY MEMBER OF AN EU CITIZEN" instead of EEA

Just realized I may have misinterpreted you on this. Are you saying that they told you "FAMILY MEMBER OF AN EEA CITIZEN" was not acceptable for a visa-free visit? Or did they simply use the term "FAMILY MEMBER OF AN EU CITIZEN" instead?

If it was the former case, then see my above answer.

If it was the latter case, then I don't think you need to worry, because in this context 'EU' and 'EEA' are the same. There is no UK residence sticker that says: "FAMILY MEMBER OF AN EU CITIZEN". The person you spoke to used one acronym but meant the other. If in doubt on that then give them another call.

***This is their reply to me***


londonvisaoffice@dfa.ie
12:50 PM (4 hours ago)

to me
EU Regulations specify that certain family members should be issued with a document called "Residence card of a family member of a Union citizen"
Please see Article 10 of the Directive 38/2004 http://eur-lex.europa.eu/LexUriServ/Lex ... 123:EN:PDF
. . . . .
Irish Immigration Regulations classify "non-nationals who are family members of a Union citizen and holders of a document called “Residence card of a family member of a Union citizen”, as referred to in Article 10 of the Directive of 2004" as not requiring a visa to enter Ireland.
Please see link to SI 345 of 2011 http://www.inis.gov.ie/en/INIS/Pages/Ir ... nformation
. . . . .
Your residence card is called "Residence card of a family member of an EEA National", (not the same as a Union citizen and that is a matter for the UK Authorities); however an Immigration Officer may accept that the residence card issued to you has been issued pursuant to Article 10 of the EU Directive of 2004.

You are also free to apply for a visa which will be processed free of charge once the original marriage certificate and spouse’s original EU passport are submitted in support of the application.

Please see our website for how to apply, processing times, etc: http://www.embassyofireland.co.uk/home/ ... x?id=33732

Regards,

Visa Office,
Embassy of Ireland,
London.

Generally, the issue should not be the border, where you can demonstrate the familar link with the residence card (or even by other means if you don't have one). The issue is getting on a plane. A carrier should let you board with the residence card.

[MarksGrace]

Hi I got my residence card as a family member of an eea citizen today, we are unmarried but in a durable relationship and have a son together. I've been to Ireland with my partner several times already using a visitors visa multiple entry.

Please, if you don't mind my asking, on what basis did you obtain residency? If you have been coming to Ireland with visa, what has made you not obtain a visa now?

I applied as an unmarried partner of an EU citizen exercising treaty rights in the UK, gave them all the documents they needed and they gave me a Residence Card as a Family Member of an EEA National. My original visa is about to expire on the 17th of December this year and my passport was with the UKBA and I only got it back today, hence the reason for not obtaining a visa, plus the fact that it's close to Christmas.

I read this from http://www.inis.gov.ie/en/INIS/Pages/Sh ... ily_member :

Please be advised that non-nationals who are family members of a European Union citizen and holders 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 of the European Parliament and of the Council of 29 April 2004, are not subject to an Irish visa requirement.

Please be advised that the Visa Office's of the Irish Naturalisation and Immigration Service are not in a position to provide guidance or advice as to whether a particular card held is sufficient to exempt the person concerned from the visa requirement. It is however open to the persons concerned to contact the appropriate issuing authority of the member state concerned for advice/guidance as to whether the document/card comes within the definition of the Directive, as implemented by that particular Member State.

In circumstances where an individual is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to such an individual to apply for a visa. Such an application from a family member of an EU Citizen will continue to be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the individual themselves.

My problem is I HAVE a RC issued to me by the UKBA is that the same RC that INIS is referring to? I am just confused...

[EUsmileWEallsmile]

Hi I got my residence card as a family member of an eea citizen today, we are unmarried but in a durable relationship and have a son together. I've been to Ireland with my partner several times already using a visitors visa multiple entry.

Please, if you don't mind my asking, on what basis did you obtain residency? If you have been coming to Ireland with visa, what has made you not obtain a visa now?

I applied as an unmarried partner of an EU citizen exercising treaty rights in the UK, gave them all the documents they needed and they gave me a Residence Card as a Family Member of an EEA National. My original visa is about to expire on the 17th of December this year and my passport was with the UKBA and I only got it back today, hence the reason for not obtaining a visa, plus the fact that it's close to Christmas.

I read this from http://www.inis.gov.ie/en/INIS/Pages/Sh ... ily_member :

Please be advised that non-nationals who are family members of a European Union citizen and holders 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 of the European Parliament and of the Council of 29 April 2004, are not subject to an Irish visa requirement.

Please be advised that the Visa Office's of the Irish Naturalisation and Immigration Service are not in a position to provide guidance or advice as to whether a particular card held is sufficient to exempt the person concerned from the visa requirement. It is however open to the persons concerned to contact the appropriate issuing authority of the member state concerned for advice/guidance as to whether the document/card comes within the definition of the Directive, as implemented by that particular Member State.

In circumstances where an individual is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to such an individual to apply for a visa. Such an application from a family member of an EU Citizen will continue to be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the individual themselves.

My problem is I HAVE a RC issued to me by the UKBA is that the same RC that INIS is referring to? I am just confused...

A residence card issued under the 2006 (EEA regulations) is an article 10 residence card.

[MarksGrace]

Update.... I talked to someone from the IRISH VISA CALL CENTER last friday to ask about my issue for the 2nd time and the man said I should verify with the ukba if the residence card i should give me the same treatment as my irish partner i.e. Freedom of movement and that should i wish to apply for a visa they can accelerate the process and do it in 2-4 day as I am applying as a family member of an eu citizen..... I rang the ukba eu center and was told that as long as i travel with my partner my rc should be enough as it is derived from the same directive. Just to be sure we decided to apply for a visa today hoping that we get it by friday like what the man from the irish visa center said.

I was told by the guy at the London embassy... Your rc is not the same the uk says FAMILY MEMBER OF AN EEA NATIONAL while ireland needs your rc to say FAMILY MEMBER OF AN EU CITIZEN. ... I informed him of my conversation with the man from THEIR call center and was somehow rudely told " I don't know who you've been talking to but no if you apply now you will get your visa in 7 working days the call center is based in Cork and they haven't seen a visa in their life! An immigration officer MAY accept your rc but Im not sure..."
---------
Even the inis web states that my application for a visa will be treated in an accelerated fashion 7working days is the NORMAL processing time (I've applied for a visit visa 5times already)... All this stress before christmas....

References to persons named removed. Mod.

[EUsmileWEallsmile]

As pointed out already, you have an article 10 residence card issued by the UK. You don't need a visa.

The same advice that the embassy gave you is here also.

http://www.inis.gov.ie/en/INIS/Pages/Join%20Family