British Citizen non EEA spouse

pennylessinindia · Post by **pennylessinindia** » Sat Jun 22, 2013 10:55 pm

I know in theory we could travel to europe with our marriage certificate without a visa - not tried it as seems too much to risk.
Can you do the same to Ireland - Irish website clearly says a visa is required but can not see why EEA rules do not apply as they do for the rest of europe. Is it something specific to Irish and UK relationship

jeupsy · Post by **jeupsy** » Sat Jun 22, 2013 11:07 pm

Yes you should be able to. Depending on the border control officer you could face some push back, but eventually they should let you in.

To play it safe, you can apply for a visa for Ireland. As a spouse of an EU citizen, they have to issue you with a visa and it will be free of charge. You just need to provide both passports, the marriage certificate, and evidenc e showing you will be travelling together. I would recommend doing this is it is free and does not require too much time - and it will avoid any bad surprise when entering Ireland.

Post by **Directive/2004/38/EC** » Sun Jun 23, 2013 9:34 am

Are you actually in India?

If your spouse does not normally require a visa, then they can get on a plane with you and you can fly together.

If they do require a visa, then you will not even make it onto a plane.

I entered Ireland with my wife without a required visa, but we were just coming from the UK so it was easy to get there.

The visa should be issued at not cost and quickly

Post by **EUsmileWEallsmile** » Sun Jun 23, 2013 9:48 am

pennylessinindia wrote:I know in theory we could travel to europe with our marriage certificate without a visa - not tried it as seems too much to risk.
Can you do the same to Ireland - Irish website clearly says a visa is required but can not see why EEA rules do not apply as they do for the rest of europe. Is it something specific to Irish and UK relationship

It would be helpful if you gave more details pertaining to your circumstances. I suspect one of you is British, with non-EU spouse in the UK under the UK immigration rules.

Article 5.4 of directive 2004/38/ec apples to Ireland too.

pennylessinindia · Post by **pennylessinindia** » Sun Jun 23, 2013 10:50 pm

EUsmileWEallsmile wrote:
pennylessinindia wrote:I know in theory we could travel to europe with our marriage certificate without a visa - not tried it as seems too much to risk.
Can you do the same to Ireland - Irish website clearly says a visa is required but can not see why EEA rules do not apply as they do for the rest of europe. Is it something specific to Irish and UK relationship
It would be helpful if you gave more details pertaining to your circumstances. I suspect one of you is British, with non-EU spouse in the UK under the UK immigration rules.

Article 5.4 of directive 2004/38/ec apples to Ireland too.

I put my details in the header, yes under UK immigration rules. So 5.4
4. Where a Union citizen, or a family member who is not a national of a Member State, does not
have the necessary travel documents or, if required, the necessary visas, the Member State
concerned shall, before turning them back, give such persons every reasonable opportunity to obtain
the necessary documents or have them brought to them within a reasonable period of time or to
corroborate or prove by other means that they are covered by the right of free movement and residence

So is this saying a visa it is a little unclear, non EEA national does not have any residence card as they are not issued by the UK.

pennylessinindia · Post by **pennylessinindia** » Sun Jun 23, 2013 10:52 pm

Directive/2004/38/EC wrote:Are you actually in India?

If your spouse does not normally require a visa, then they can get on a plane with you and you can fly together.

If they do require a visa, then you will not even make it onto a plane.

I entered Ireland with my wife without a required visa, but we were just coming from the UK so it was easy to get there.

The visa should be issued at not cost and quickly

We are in the UK, does need a visa for travel has ILE

Post by **Directive/2004/38/EC** » Mon Jun 24, 2013 12:31 am

So you want to go to Ireland for a few days of holiday? Is that the goal?

pennylessinindia · Post by **pennylessinindia** » Wed Jun 26, 2013 7:28 pm

Directive/2004/38/EC wrote:So you want to go to Ireland for a few days of holiday? Is that the goal?

Yes that is the thought, friends live there and would like to visit without loosing the passport for the time it takes!!

Post by **EUsmileWEallsmile** » Wed Jun 26, 2013 8:36 pm

pennylessinindia wrote: I put my details in the header, yes under UK immigration rules.

I would be inclined to put details in the post, even if it involves repetition. It's just a suggestion in case anyone's wondering.

Post by **EUsmileWEallsmile** » Wed Jun 26, 2013 8:39 pm

pennylessinindia wrote: We are in the UK, does need a visa for travel has ILE

If you want to eliminate the possibility of problems with travel companies, a visa might be a good idea. If you were to encounter a person in authority, you could demonstrate entitlement to entry.

It depends on how you want to travel, the time you have available and how confident you would be dealing with authority.

If you ask, the Irish authorities would most likely recommend a visa.

pennylessinindia · Post by **pennylessinindia** » Sun Jun 30, 2013 7:35 pm

Directive/2004/38/EC wrote:So you want to go to Ireland for a few days of holiday? Is that the goal?

So is travelling to Ireland the same as travelling to france - in theory one should be able to do it but best to get the free visa or not possible in Theory due to some special relationship with Britain and Ireland?

Post by **EUsmileWEallsmile** » Sun Jun 30, 2013 7:46 pm

Britain and Ireland have a common travel area, so in that respect, it is not the same as travelling to France.

It is likely that the authorities would expect you to have a visa, but in any case, entry would be permitted if you can demonstrate entitlement - (married to EU spouse, travelling together for example).

pennylessinindia · Post by **pennylessinindia** » Tue Sep 03, 2013 10:52 pm

Just looking at French website
The foreign spouse of a EU national (except French national) may enter France without visa if holding :
A valid travel document ;
- A valid UK residence permit with the endorsement "family member of EEA national" (this endorsement is compulsory to be visa exempted) ;
- and if they are joining or travelling with the EU national.

If you do not satisfy the above conditions, you will need to apply for a visa to travel to France

A non EU national would not necessarily have a residence permit and certainly not with the exact words. Wondered how they can put this. Surely a settlement visa with the spouses name and evidence of marriage should be enough - anyone done this in practice?

jeupsy · Post by **jeupsy** » Wed Sep 04, 2013 8:00 am

Their wording is very specific because they are only talking about non EU nationals who are residing in the EU and have been officially granted the status of EU citizen family member and issued a residence card as per European directive 2004/38/EC (this is not automatic and requires an application with the the relevant Immigration authorities in the country of residence).

Do you have a like to the website?

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