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Exercising EU treaty rights in Ireland with to visit UK

Posted: Thu Feb 23, 2012 8:47 am
by andyjohnst
Hi everyone.

Just trying to get some information together for future reference. Quick background. I am a UK citizen, married to NON-EU national. After a visit visa refusal to the UK (they did not believe she would return home after visit) I moved to Ireland and got a job. Been here and working since December 2011. Wife got the visit visa to come with me from her home country.


We applied for the RC in Ireland, which is currently being considered. She has received her temporary stamp 4 GNIB card. She has also been given a Type D multi entry visa for the duration of her GNIB card.

As I am from the UK a visit to friends and family would be great for us both to do.

I'm a little confused because the UK is my home member state, if EU Directive 2004/38/EC will apply to me and my wife. We don't want to move back there, just yet, just a visit.

Does anyone have any experience in this?
Can she go without a visa using the Irish RC?
Which EEA application for a visit visa should we apply for if no?
Is it the same, that they can only refuse in certain circumstances?

Any help/advice/information you could give would be great.

Posted: Thu Feb 23, 2012 10:09 am
by fysicus
I have no experience with travelling from Ireland to UK, but according to your description your situation is exactly what directive 2004/38 is meant for, and you should face no particular problems, except that from time to time you may have to deal with officials who are not sufficiently aware of the privileges granted by this directive.

I suppose that for now you only envisage to travel together on visits to the UK (things may a bit more difficult for your wife to travel alone). As a precaution always make sure you have a (certified) copy of your marriage certificate and proof of your Irish adress with you when travelling.

If you want to play it very safe, your wife can apply for an EEA Family Permit (use form VAF5), which is free of charge, but it is not really necessary.