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Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Forum to discuss all things Blarney | Ireland immigration

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emilyflynn100
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Joined: Mon Aug 13, 2018 11:51 pm
Ireland

Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by emilyflynn100 » Tue Aug 14, 2018 12:12 am

Hello,

I am returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10 as a family member. I have a couple of question and will be grateful if anyone who has the appropriate information help give answers to them.

1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

3. What happens if our intention to reside back in Ireland isn't made known at the point of entry as we haven't decided due to personal family situation but later on decide to reside in Ireland for more than 3 months. How do we make this application for no- Eu spouse registration for residency card.

max307
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Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by max307 » Wed Aug 15, 2018 3:31 pm

1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

It doesn't matter really, you can use any queue. I would use the non EU queue just to avoid any hassle or smart comments from the immigration officer but apparently someone in this forum was told they can use the EU queue.

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

It will be stamped, they stamp all non EU passports holders.

3. What happens if our intention to reside back in Ireland isn't made known at the point of entry as we haven't decided due to personal family situation but later on decide to reside in Ireland for more than 3 months. How do we make this application for no- Eu spouse registration for residency card.

That's no problem at all, but remember that your non EU spouse is only allowed to be in Ireland without registration for 90 days so make sure that before that timeline you lodged an application for his residence.

I'm assuming you are EU citizen (non Irish), if that's the case then this is the process you will need to follow: http://inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

emilyflynn100
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Posts: 2
Joined: Mon Aug 13, 2018 11:51 pm
Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by emilyflynn100 » Wed Aug 22, 2018 4:02 am

Thanks alot for your response, I really appreciate

together_2017
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Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by together_2017 » Wed Aug 22, 2018 8:08 am

[quote=max307 post_id=1670313 time=1534343511 user_id=148348]
1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

It will be stamped, they stamp all non EU passports holders.

not true . When I travelled to eire in possession of article 10 residence card from member state (travelled with wife) they did not stamp my passport at all.(Myself Non Eu Passport holder)

littlerr
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Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by littlerr » Wed Aug 22, 2018 1:14 pm

together_2017 wrote:
Wed Aug 22, 2018 8:08 am
max307 wrote:
Wed Aug 15, 2018 3:31 pm
1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

It will be stamped, they stamp all non EU passports holders.

not true . When I travelled to eire in possession of article 10 residence card from member state (travelled with wife) they did not stamp my passport at all.(Myself Non Eu Passport holder)
I echo this. As a non-EU passport holder who travel quite frequently, they did not stamp on my passport numerous times within the last few years. The first entry should always be stamped though, and you can always ask for a stamp if they didn't stamp it.

together_2017
Junior Member
Posts: 52
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Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by together_2017 » Wed Aug 22, 2018 2:14 pm

littlerr wrote:
Wed Aug 22, 2018 1:14 pm
together_2017 wrote:
Wed Aug 22, 2018 8:08 am
max307 wrote:
Wed Aug 15, 2018 3:31 pm
1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

It will be stamped, they stamp all non EU passports holders.

not true . When I travelled to eire in possession of article 10 residence card from member state (travelled with wife) they did not stamp my passport at all.(Myself Non Eu Passport holder)
I echo this. As a non-EU passport holder who travel quite frequently, they did not stamp on my passport numerous times within the last few years. The first entry should always be stamped though, and you can always ask for a stamp if they didn't stamp it.
It was my verifirst visit in eire I specifically asked about being stamped but they did not put anything. Under directive while travelling with spouse I think they do not stamp the passport.

littlerr
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Posts: 2517
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China

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by littlerr » Wed Aug 22, 2018 2:30 pm

together_2017 wrote:
Wed Aug 22, 2018 2:14 pm
littlerr wrote:
Wed Aug 22, 2018 1:14 pm
together_2017 wrote:
Wed Aug 22, 2018 8:08 am
max307 wrote:
Wed Aug 15, 2018 3:31 pm
1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

It will be stamped, they stamp all non EU passports holders.

not true . When I travelled to eire in possession of article 10 residence card from member state (travelled with wife) they did not stamp my passport at all.(Myself Non Eu Passport holder)
I echo this. As a non-EU passport holder who travel quite frequently, they did not stamp on my passport numerous times within the last few years. The first entry should always be stamped though, and you can always ask for a stamp if they didn't stamp it.
It was my verifirst visit in eire I specifically asked about being stamped but they did not put anything. Under directive while travelling with spouse I think they do not stamp the passport.
That sounds very weird. Are you referring to an entry stamp or a registration reminder stamp? Can you kindly let me know which directive you are referring to?

An entry stamp only contains the date and port of entry. It is a proof (and the only proof until the recent years when they went electronic) that you entered this country from this port on this date. It shouldn't matter which directive you are under. You would also need it later for naturalisation purposes (unless you can remember which date you came to Ireland 10 years ago :)).

The registration reminder stamp is when they think that you will stay here for more than 3 months, they will put a different stamp there asking you to do the GNIB registration within 1 month etc.

But yeah if the officer is just grumpy enough and decides that he's not in the mood of giving you a stamp, there's nothing you can do. Just enter the country and get a note of the name badge and raise a complaint if necessary.

max307
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Posts: 511
Joined: Thu Sep 22, 2016 8:58 am
Mood:
Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by max307 » Wed Aug 22, 2018 3:44 pm

littlerr wrote:
Wed Aug 22, 2018 2:30 pm
together_2017 wrote:
Wed Aug 22, 2018 2:14 pm
littlerr wrote:
Wed Aug 22, 2018 1:14 pm
together_2017 wrote:
Wed Aug 22, 2018 8:08 am
I echo this. As a non-EU passport holder who travel quite frequently, they did not stamp on my passport numerous times within the last few years. The first entry should always be stamped though, and you can always ask for a stamp if they didn't stamp it.
It was my verifirst visit in eire I specifically asked about being stamped but they did not put anything. Under directive while travelling with spouse I think they do not stamp the passport.
That sounds very weird. Are you referring to an entry stamp or a registration reminder stamp? Can you kindly let me know which directive you are referring to?

An entry stamp only contains the date and port of entry. It is a proof (and the only proof until the recent years when they went electronic) that you entered this country from this port on this date. It shouldn't matter which directive you are under. You would also need it later for naturalisation purposes (unless you can remember which date you came to Ireland 10 years ago :)).

The registration reminder stamp is when they think that you will stay here for more than 3 months, they will put a different stamp there asking you to do the GNIB registration within 1 month etc.

But yeah if the officer is just grumpy enough and decides that he's not in the mood of giving you a stamp, there's nothing you can do. Just enter the country and get a note of the name badge and raise a complaint if necessary.
I work and travel on a weekly basis with non EU passport holders legally residing in Ireland and their passport has been always stamped when coming into the country but apparently as per others experience that's not the case for everyone. If your spouse does not get stamped ask for an stamp, it does not harm.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

charmender
Newbie
Posts: 34
Joined: Tue Feb 09, 2016 10:33 am
Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by charmender » Thu Aug 23, 2018 8:51 pm

Hi,

So I just recently came to Ireland with my non EU husband. We went through the EU section and were told to go to the EU section. On a previous occasion, we went through the EU section and nothing was asked and his passport was not stamped. This time they asked questions and then sent us over to the non EU section. We got asked lots of questions like what our intentions are etc. The guy that worked there was really sound though he was not really sure about our case since I am an Irish citizen. So he went to speak to someone in an office at the back while we waited. Then he came back, stamped my husband's passport and told us to apply within 3 months. If I were you I would mention that you intend to live in Ireland if they ask nothing because it is important when applying to INIS that you have the date when you entered and without a stamp how will you prove this. The only reason I didn't bother asking the first time is because we were here on holidays so I didn't feel like it was important at the time. However, it is probably always in the best interests of our non EU spouses to get stamps in case anything goes wrong when they are here.

jul1
Member
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Joined: Sat May 14, 2016 9:32 am
Mood:
Ireland

Re: Returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10

Post by jul1 » Fri Aug 24, 2018 12:11 am

emilyflynn100 wrote:
Tue Aug 14, 2018 12:12 am
Hello,

I am returning to Ireland with my non-EU spouse in possession of a residency card issued under article 10 as a family member. I have a couple of question and will be grateful if anyone who has the appropriate information help give answers to them.

1. When arriving at the point of entry into Ireland with my non- Eu spouse , do we go through the EU or non EU section?

2. What happens if non EU-spouse passport isn't stamped at the point of entry into Ireland because he also has an EEA permit but decided onwards to apply for residency in Ireland. How will we prove his entry into Ireland?

3. What happens if our intention to reside back in Ireland isn't made known at the point of entry as we haven't decided due to personal family situation but later on decide to reside in Ireland for more than 3 months. How do we make this application for no- Eu spouse registration for residency card.

1, go trough the eu, its faster, u can also go non-eu if u wish, but i was told by the IO that we should use the eu line

2, on an article 10 card, now they are legally not allowed to stamp, and they dont, im not sure what happens if u ask for it, than maybe they do, tell them u want to apply on eu1 form

3, ur intention wont really change anything on the airport, if u say that u want to settle here maybe they will ask more questions, but i doubt, it would be different to arrive on a visa C and saying u want to settle, it would be more hassle to get in

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