Permanent resident in UK (spouse): do I need visa 4 Ireland?

[Tranquility]

Hi there,

Sorry this question must have been asked time and time again but I can't find a definitive answer ANYWHERE!
Here's my situation:
I'm married to a UK citizen and hold an Indefinite leave to remain in the UK. I'm a citizen of a schedule 2 country (who would normally require a visa for Ireland). I just CAN'T work out whether my Indefinite leave (which is a sticker in my passport) qualifies as a "Residence card of a family member of a Union citizen" or not? My visa does not specify that I'm a spouse of a UK citizen but of course I can bring my marriage cert along.

Can someone PLEASE explain whether I need to apply for a visa for a short trip to Ireland? I'll be travelling with my husband and son (who's also a UK citizen) and we're flying through the tiniest little airport.. probably gonna knock a few cows down on landing!

[ca.funke]

Hi Tranquility,

welcome to the forum.

I just CAN'T work out whether my Indefinite leave (which is a sticker in my passport) qualifies as a "Residence card of a family member of a Union citizen" or not?

No, your ILR does not qualify. The UK-issued "Residence Card of a Family Member of a Union Citizen" looks like the following picture, and sais "Residence Card of a Family Member of an EEA National":

My visa does not specify that I'm a spouse of a UK citizen but of course I can bring my marriage cert along.

Can someone PLEASE explain whether I need to apply for a visa for a short trip to Ireland? I'll be travelling with my husband and son (who's also a UK citizen) and we're flying through the tiniest little airport.. probably gonna knock a few cows down on landing!

You can take the info from >>this thread<<, and apply its content for travel to Ireland. You would have to start reading under heading "EEA family member without Residence Card (Part 2)".

It´s hard to say whether you would actually make it past the Irish checkpoint... My guess would be 80% yes, but that´s no guarantee.

I personally know several people in the same scenario who travelled from NorthernIreland via the landborder. They didn´t experience any trouble because they weren´t checked. But since you´ll fly, you will most probably be checked upon arrival.

If you do travel, let us know how it goes!

[Tranquility]

Thanks for that! Looks like we may have to wait till my passport application comes through, but that means we'll miss the family wedding we were going to attend... Or I may have to apply for a visa... which seems a total waste of time for both myself and the Irish authorities as they won't even get paid for processing my paperwork as visa fees for family members must be waived!

Seems more of a waste as my country is covered by the visa waiver scheme currently in force. If I were here on a 6-month tourist visa, I'd be eligible for visa-free travel to Ireland! But because I'm a permanent resident I'm not eligible. Where on earth's the logic in that???

Funny enough, when I was on a 2-year spouse's leave to remain in the UK, they did issue me with a biometric card which said "residence permit" and "family member" (or "spouse"?). However my application for ILR coincided with the withdrawal of biometric residence permit scheme by UKBA so they just put a sticker in my passport.

Arrrgh I love european beaurocracy!

[Tranquility]

Just talked to DH. He reckons we could call the Irish Embassy in London and ask for clarification, in light of the fact that my fellow countrymen on short-term UK visas can travel to Ireland visa-free.

To my suggestion we travel via Belfast and then across the land border, or by ferry, he said that the chance of us being checked at a major port or by British police on land border is far greater than having to fight some old bloke armed with a sheepdog whistle at Knock airport! He doubts there are any immigration officers at Knock, or at least the last time he travelled there (a good 10 years back?) there weren't any.

I really begrudge the prospect of applying for a visa especially considering the 6-8 weeks processing time.. the wedding's in mid-May!

[ca.funke]

...checked at a major port or by British police on land border is far greater than having to fight some old bloke armed with a sheepdog whistle at Knock airport...

If you´re checked by _whoever_ doesn´t make you illegal. It´s just a question of whether they know/obey the law.

If you´re checked by British police, you´re on British territory. This is obviously legal, since you have a British residence permit.

What matters is, if you´re checked by Irish folks "some old bloke armed with a sheepdog". Do they know the law? Do they apply it? That´s what you´re up against...

...practical hint I found usefull: When you have most problematic papers, try to arrive to passport-control as one of the first passengers The immigration folks are usually reluctant to build up a long que, just becasuse they´re not sure how to deal with your case. Go to the EU-counter. Refuse to be referred to the non-EU counter, as it is your right to pass through this channel. This should either make you pass quickly, or some havoc will develop.

[Tranquility]

thanks, I do realise it's all about the people and how they apply what they know. Which is why DH, who's pretty good at arguing his point, feels quite confident, especially as he says Knock is so small they may actually know the groom or some of DH's extended family! There's only 4 flights a day going in and out of that airport and I doubt there'd even be enough people to create the "immigration queue"

Still, it's best be prepared. Problem is, I worry if I do apply for a visa will it come through in time?

[Tranquility]

DH rang up Irish Embassy today. They said in all probability I'll need a visa but processing times will be 15 days for online applications and 1 week for ones submitted in person

[ca.funke]

Hi Tranquility,

sorry for a possibly stoopid question, but who/what is "DH"?

...Knock is so small they may actually know the groom or some of DH's extended family...

If you know someone (who knows someone...) in Ireland, the red-tape can usually be circumvented quite easily.

Whatever you decide to do, please give feedback after your journey!

[agniukas]

DH = Dear Husband

[ca.funke]

DH = Dear Husband

thanks - didn´t know. Maybe because I "only" have a DW Thanks again!

[zarif]

application send 15 6 2016
bio received
coa received

RC waiting now over 6 months