Non-EEA Resident travelling to Ireland with UK Child

[Kolner_Mike]

I'll try and summarize to make this quick.

- My Wife (Thai Passport) Married to me (Uk & Irish Passports), Daughter (UK Passport)
- Wife also has German Residence Card - 5 year renewals. "Residence Card of a Family Member of a Union Citizen" printed on the card.
- We all reside in Germany. I am exercising my Treaty rights. My extended Family live in Northern Ireland (UK).

Now. As a family we have flown back and forth to Belfast via Heathrow or Birmingham from Germany many times. Always with an EEA Family Permit in my Wife's Passport
We have also flown once to Dublin and traveled by car to "The North". Again with an EEA Family Permit. (no issue here traveling Ireland to UK, open Borders agreement)

On this occasion we do not have time to apply for an EEA Family permit and frankly we're fed up with repeating the application process every 6 months to renew this. We have to pay around €120 every time to Wordbridge for the VIP and Courier Delivery services. Plus Dusseldorf is a 2 hour drive from where we live. So that's a day off work to submit the application.

I've read the information online. And I'm happy that if my Wife and I travel together AND if an airline allow us to board, without EEA Family Permit, we would be Landed in Ireland. Maybe with a short delay while Immigration check our documents.

However, my Wife will be traveling to Ireland with my Mother and my 2 year old Daughter (UK Passports both). Aer Lingus from Dusseldorf to Dublin. Serviceair or similar staff at check-in. Even with the EEA FP in her Passport last time we had to wait at Check-On for 20 minutes whilst the Staff checked with Irish Authorities. In the end the "Family Member of an...." part of the visa was enough to convince the Irish Official on the other end of the phone and we were Landed in Ireland with only a cursory glance at the Passport and EEA FP.
This time I will not be traveling with them. Although I will go as far as check-in at Dusseldorf.
How do we stand with this?

Sorry, that was supposed to be brief. But it has gone on a bit

[Kolner_Mike]

No one?

Just to summarize.

- Wife is Thai with German Residence Card of a Family Member of a Union Citizen. Newly issued biometric card.
- Daughter is 2 years old and UK Passport
- I am UK and Irish dual Passport holder. Living and working in Germany.

Can they travel without me to the UK or to Ireland or indeed both from Germany? Without an EEA Family Permit. (Too late to apply now, they fly on the 15th July)

[el patron]

Initial thought would be travel via Ireland on the basis that the Irish have not amended their EEA national interpretation and legislation post McCarthy decision, so essentially produce the British passport only when arriving in Dublin. As for the UK, this would be more problematic and somewhat more airline check-in staff dependant, however if you bring proof of residence in Germany and employment history etc, admittance should be given by virtue of the Surinder Singh ruling (the Code 1A entry stamp).

[Kolner_Mike]

Just to be clear. I'm remaining in Germany. So they will not be reunited with me in (Northern) Ireland.
So my Wife will be traveling with our Daughter, who holds a UK Passport.
Wife has only Thai Passport and German Residence card.

[el patron]

Sorry I missed that, essentially no she can't. Arguably under the directive the 3 months right of residence and entry could apply to all ascendants without proving dependency. However I wouldn't hold out much hope.

[Kolner_Mike]

Surely though my Daughter's freedom of movement as a UK Citizen is denied because she cannot travel alone? My Wife would be escorting her.

[rosebead]

Well, I know that since 2011 Ireland changed their law to allow entry to holders of a “Residence card of a family member of a Union citizen”. So your wife's German Residence Card would give her automatic entry but only if she is joining or accompanying you to Ireland - just show your British passport like el patron said (nice to know that Ireland is more lenient than UK about McCarthy which I didn't know)

If your wife is just travelling with her daughter, your wife has to prove she is financially dependent on her daughter to gain entry. Sorry but those are the rules under Article 2(2) of the Directive - non-EEA parents must be dependent on their EEA son/daughter.

[Kolner_Mike]

Well it was no bother in the end.

Firstly, we traveled to the UK via Calais - Folkestone. (Eurotunnel)
Slight delay at UK Border Control in Calais. The Immigration Officer was unsure of how to treat the German Residence Card. So we waited for his Supervisor. She confirmed this new style of card is treated like a British Residence Card, no Visa required and no stamp in Passport. Sorry for keeping you, have a nice journey. Apparently this is the case since April and not all Officers are aware.

No problems coming back. Folkestone - Calais.

Following Tuesday Mrs, Daughter and Granny (my Mum) flew Dusseldorf - Dublin. No issue at check-in. No issue at Border Control. Arrived Dublin. 5 minute delay whilst Immigration Officer checked regarding German Residence Card. Sorry for keeping you, have a nice visit. Entry stamp placed in Thai Passport with no time limit.

[rosebead]

Glad it went ok and that travel with German RC was no issue.

As far as I'm aware from the Schengen Visa Code Handbook, family members aren't supposed to be able to travel without an EEA sponsor even if they have an RC from an EU country (sorry I hadn't realised your British daughter was 2 years old as I wasn't paying attention in which case Article 2(2) doesn't apply as your wife cannot be dependent on a minor anyway). This is the example given on page 86 of the Handbook:

"A Slovak citizen resides with his Chinese spouse in the United Kingdom. The Chinese spouse holding a residence card, issued by the United Kingdom under Article 10 of the Directive, travels alone to France. As she travels alone, she needs to apply for a visa to enter France."

Perhaps the immigration officers weren't aware that family member holders of RCs are supposed to travel with their EEA sponsors, or maybe Ireland is lenient about this issue, in which case your wife was lucky.