Coming to Ireland - European and non eu spouse

[Amaretka]

Hi,

I am planning to get a Schengen visa for my Egyptian husband and come to Ireland claminng European directive to settle.

Has anyone done it recently and can share experience please? I heard hardest part is to get airline to board you? What airport in Ireland is best to fly in ? What should I be telling them ? We will have our marriage certificate with us and passports that's it.

I have pps number in Ireland for years, my mother had been living in Ireland for 10 years now.

Thank you in advance.

[jlad]

Tricky question.

Airlines are always relunctant to board passengers without proof of visa for visa required nationals as they might be fine if passengers are refused entry without proper documents. Will his first entry in Europe in the Schengen countries? If not, i dont see why he needs Schengen visa as airline is highly unlikely to let him board the flight to Ireland - he would still need Irish visa anyhow as Ireland is not part of Schengen area.

Maybe look into applying an Irish visa to save all the hassle at airport and border control?

You should start gathering all the documents to submit to Irish Embassy in his place of residence if you choose this route.

[Amaretka]

He doenst need an irish visa - And Neither do i. He can go to any eu country with me unde eu directive. I know people have dont it like that And asking For some advice

[Wanderer]

He doenst need an irish visa - And Neither do i. He can go to any eu country with me unde eu directive. I know people have dont it like that And asking For some advice

Why you asking about Schengen visa then?

Don't fly by Ryanair, thrywon't take any risks and want all boxes ticked. Are Lingus don't even ask for passports in CTA and there's always the ferry from France. I have heard they are checking passports in the ferries now though.

[shpirtshqipe]

He doenst need an irish visa - And Neither do i. He can go to any eu country with me unde eu directive. I know people have dont it like that And asking For some advice

Your original post seems to be contradicting itself. Clarifying exactly what type of Visa your husband has would be helpful so the correct advise can be given.

[jlad]

Hi,

You as a EU citizen are free to move and work in any other EU countries, that is without doubt. But i am under this impression that your Egyptian husband would need a residence card of family member of union citizen to allow him to travel with you to any EU countries without visa, unless he himself is a non-visa required national. I would imagine it would be quite difficult to just turn up at the airport without any visa if you are visa required national and board the flight to Ireland. I might be wrong as EU directive is often very complicated but hope those in the know would shed some light.

Is your husband still in Egypt or in another EU country? Please bear in mind that CTA arrangement is only for British and Irish citizen travelling between both countries. If you are not British or Irish for example, EU citizen or Non-EU in this case, you would still need your passport / national identity card to board on the ferry or Aer Lingus, hence they would still check your entitlement before you visit the country.

More on Irish Ferries and Aer Lingus website:
https://www.irishferries.com/uk-en/freq ... ification/

https://www.aerlingus.com/travel-inform ... m-britain/

Maybe the best thing to do is to contact Irish Embassy in your husband's country of residence. They will be able to give advice on whether he needs a visa to enter Ireland to join you as a spouse of EU national.

Please keep us updated so people in similar situation will benifit from this post.

[Amaretka]

1. I ask about a schengen Visa becuase airline will not board my husband to europe with no schengen visa.
2. irish embassy stopped issuing visa for many countries hence many people try to find a way around it
3. I am EU citizen (not UK not Irish) my husband is egyptian and derives the right of freedom of movement from me
4. He has right to go to any EU country with me, from what I know when applying for Schengen visa on application you state purpose of visit you just say "spouse of eu citizen" and they cannot refuse unless they think he is a health or security risk
5. Once in Europe I already exercise my treaty rights, so when I arrive in Ireland (non schengen) we just say to the officer we came here to settle and I am here exersining my treaty rights.

I heard this has been done on multiple occasions, I even called airport in Dublin and immigration said "they may not let you in it depends on officer"

This is the law however many people is not aware of it and it is little of a greay area thus I am trying to get as much advice from people who did it as I can.

This is from eu movement website:

For a visa to be issued on the basis of Directive 2004/38/EC, only the following requirements need to be satisfied:

The visa applicant is a direct “family member” of an EU citizen and has proof (marriage or birth certificate or some combination) of the relationship)
The visa applicant will be travelling with, or joining, the EU citizen for a visit or permanent move to an EU member state. (If they are going to the “home” country of the EU citizen, then there can be a requirement that the EU citizen had previously lived/worked in a different member state)
All travellers require a passport (or a national ID card for the EU citizen)
These are the legal requirements for all of the EU/EEA member states, including all Schengen members, the UK, Ireland, Romania and Bulgaria. They also apply for Switzerland.

[shpirtshqipe]

The only reason your husband will be applying for a Schengen Visa is so that he can travel ALONE within Europe in all the states, part of the Schengen Agreement.

Point 1:
The Airline can refuse boarding if your husband is traveling alone and is not in possession of a valid visa for the EU country he intends to visit (except the EU country in which the Residence Card was issued).
Similarly even if he manages to board, at the Immigration Check on landing he can be refused entry into the EU Country if he isn't in possession of a valid Schengen Visa.

If he is travelling with You the EU citizen then such visa is not required.

Point 5:
As you have confirmed your husband has no restrictions of moving within the EU as long as you are travelling with him. Schengen conditions are different to the EUFAM Card altogether and the two aren't interchangeable.

Point to consider:
Also even when your husband is able to travel alone when returning to Ireland he may face issues if:
a) He is not in possession of a valid re-entry Irish visa or,
b) His residence card is not converted into the Irish one
(Obviously if he is travelling with you then such issues would not arise).

The EU Directive you've extracted is correct and I believe it relates to the conditions in which he can apply for the Schengen Visa and NOT why he doesn't need one or exemption.

Hope this helps

[mgb]

He doenst need an irish visa - And Neither do i. He can go to any eu country with me unde eu directive. I know people have dont it like that And asking For some advice

It is not possible to enter Ireland/UK/schengen area without a visa if the citizenship of the affected person require a visa and no qualifying residence card is presented.
It is possible to get a visa for the family member of a eu citizen at the border. The problem is to reach the border post.
Normally airlines/ferry companies don't take the risk of a refusal at the border post and deny boarding without visa.
Using a ferry from UK to Ireland is a other theme. Such a travel would be inside the CTA.
Btw. the UK border control for the eurotunnel, euro star and ferries from Calais is on the french side.

[Amaretka]

I think my post was not clear enough.

My husband has a schengen visa, issued for a spouse of the EU cit - me.
Ireland is not part of schengen, but it is in the EU.

I will be travelling with him, and I hope to be issued with visa on arrival in Ireland ( I will be with him with all documents and he will have schengen visa issued under the directive already ). I know I might face issues at boarding that is why I am asking for advice. My family lives in Ireland and the only reason why I am not in Ireland now is because I do not want to travel without my husband. Irish visa takes currently more than 1 year to issue. I am pregnant and cant imagine to not see my husband for a year and not to be with him when our baby comes. So I want to go to ireland with him on his schengen visa and I was simply asking how likley he is to be turned around on a border.

[Amaretka]

Using a ferry from UK to Ireland is a other theme. Such a travel would be inside the CTA.
Btw. the UK border control for the eurotunnel, euro star and ferries from Calais is on the french side.

he does not have uk visa, only schengen Visa. will he be allowed on euro star ? We dont want to go to UK we want to go to Ireland, I was hoping to fly and explain the directive at the airport if faced issues with boarding? what do you think

[shpirtshqipe]

Hi,

Sorry to keep repeating myself but the advise given will be much more accurate and easier if you can state exactly the title(s) of your husband's visa(s) (You don't need to include personal details but only the Type Of Visa).

This is because:

If your husband has a 5 Year EU Residence Permit (in Ireland known as EUFAM, in UK known as Residence Permit of a Family Member of an EU National) then he Does Not need a visa entering Ireland if You are travelling with him. Most (if all EU countries) supply a 5 Year Residence Permit under the Treaty Rights so your husband should be in the possession of such visa

Best Regards

[Amaretka]

No my husband doesn't have residence card or residence permit as you called it. My husband just has a visa issued by Germany. We applied for visa and gave marriage certificate with application. He has never been to Ireland before. We only got the German visa so we can get from Egypt to Europe and want to come to Ireland now quoting directive on Irish border.

[mgb]

he does not have uk visa, only schengen Visa. will he be allowed on euro star ? We dont want to go to UK we want to go to Ireland, I was hoping to fly and explain the directive at the airport if faced issues with boarding? what do you think

If you present the marriage certificate with english translation and your EU passport he should get a EEA dependant stamp at the british border control for the euro star train.
The next step would be than the ferry from Fishguard or Liverpool or a flight from London to Dublin except with Ryanair.

[Amaretka]

[/quote]


If you present the marriage certificate with english translation and your EU passport he should get a EEA dependant stamp at the british border control for the euro star train.
The next step would be than the ferry from Fishguard or Liverpool or a flight from London to Dublin except with Ryanair.
[/quote]

Do you know for sure border control is only in France for Eurostar ? Also do you know anyone who travelled like this?

Why not Ryanair ? I heard from people who did it that they flew with Ryanair ..

[mgb]

Ask Eurostar where the UK border control is located.
Ryanair is doing visa checks.

[shpirtshqipe]

The easiest and hassle free route would be your husband applying for a C Visitor Visa to enter Ireland.

ANY other route you take without the correct entry visa would not be strictly speaking legal and will carry the risk of your husband being refused entry in Ireland. Whilst other people have been able to bypass passport check without the correct visa (pot luck) there is no guarantee It’ll work for you.

Ryanair does carry passport checks therefore making it difficult to board the plane.

[mgb]

The husband don't want to wait a year for a irish visa.
The route is strictly legal. At least the eu directive say so.

[shpirtshqipe]

He may not be able to travel alone into Ireland. This has been thoroughly covered previously. Also assuming the husband lives in Europe the C Visa will not take a year to get since he’s already in possession of a residence card. This will be a formality if anything else. This I can confirm from personal experience

[mgb]

Take a look at High court Raducan & Anor -v- MJELR & Ors section 5.
http://courts.ie/Judgments.nsf/09859e7a ... b8005ae84f

[mgb]

PS:
"I will be travelling with him" from the 9. posting.