Directive 2004/38/EC thread

[irish_ruskei]

Thanks for the info.....will indeed have the phone number of Solvit with me.

[irish_ruskei]

In the case law C-459/99 it says in the judgment:

http://curia.europa.eu/jurisp/cgi-bin/f ... resmax=100

"1.On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148."

So they should issue the visa at the border control but be warned that sometimes border guards are not so clued up on EU laws. If you can then get a visa before you go (although not hassle free it's free of charge and less to worry about). My wife is a visa national and we have successfully travel without visas on several occasions BUT we have also been refused entry on one occasion. Make sure you have your marraige certificate with you and the phone number to Solvit if you decide to go without. We have never got any hassle from the airlines.

You mentioned one time you were refused entry? Did you have your marriage certificate with you, did you phone Solvit? I am just wondering that if we did have trouble and phoned Solvit what exactly would they say (if anything?) to the immigration authorities? Thanks

[irish_ruskei]

Hi, I'm Irish and my wife is Russian. My wife has a "D" visa, valid until almost 2010, with spouse of irish national written on it. She also has a "Stamp 4" GNIB (Garda National Immigration Bureau) card. We are confused is she also supposed to have a seperate residence permit? Isn't the "D" visa and/or the "Stamp 4" visa the residence card too?
Any info greatly appreciated!

[mym]

Just repeating yourself in a thread started by someone else won't help. You've already been pointed at http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf which gives you ALL the info you need. Using the search function on this forum will give you a lot more.

[irish_ruskei]

Just repeating yourself in a thread started by someone else won't help. You've already been pointed at http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf which gives you ALL the info you need. Using the search function on this forum will give you a lot more.

Thanks a mil for the link, very handy! But my last question pertained to whether the documentation my wife currently has is correct or should she have another document which states: Residency Permit.
Just trying to figure that bit out? I think that the documentation my wife already has is basically a residence permit but I'm not 100% sure....because it doesn't say that anywhere (but as I said already it does say: spouse of Irish national) Ineffect, a residency permit, I guess?
Sorry if I'm going on a bit, just confused! Thanks.

[mym]

The requirements for a Residence Permit to be valid for Schengen are set out in the relevant EU Regulation (Ireland is not a Schengen country so don't rely on irish residence permits issued under irish law being valid in the Schengen, UK ones issued under Uk law are not).

As I said, do a search. I, amongst others, have posted a lot here about this issue before now and that info is all still here.

[irish_ruskei]

Basically, can we travel to any E.U State without my wife having to get a visa? Any info is more than appreciated. Thanks.

Yes, take your wedding certificate and a copy of http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

Yesterday I spent all day emailing and phoning around and at the end of all that I have still been told that my wife, non-e.u spouse of e.u citizen, still must get a visa before travelling to another e.u member state.

Argued with the French, the Danes, the Slovaks, the Lithuanians. The Lithuanians were not too sure on the rules (I even phoned their Foreign Ministry in Vilnius) and they requested clarification from the Irish authorities on the residence permit which my wife holds (a Stamp 4) Spouse of Irish is written on the Irish visa in her Russian passport but the Irish told them that my wife would need to have a "Stamp 4 EU FAM".

So, we have to apply for a "Stamp 4 EU FAM" otherwise she will need visas in advance. This process is supposed to take a maximum of 6 months. This link explains residence in Ireland:

http://www.citizensinformation.ie/categ ... in-ireland

There is also something about a non-e.u spouse having to apply to exercise their treaty rights:

http://www.inis.gov.ie/en/INIS/Pages/EU ... hts%20FAQs

From what I can see all that I have been told by the various authorities is at odds with Directive 2008/38EC. I am going to lodge a complaint with the European Commission, I have already started to do that and see what, if anything, can be done from there.

I also ended up phoning the Irish Embassy in Slovakia to enquire whether for example a Slovak national (e.u citizen) with a non-e.u spouse (for example Russian) who held a Slovak residence permit could travel together to Ireland without a visa for the non-e.u spouse and I was told absolutely no way!

This too is totally at odds with the directive.

[mym]

The UK and Ireland have deliberately incorporated the directive into their own laws in such a way as to negate some points of it. That will not change until they are defeated in the EU courts.

[irish_ruskei]

My wife has a 5 year Stamp 4 immigration card, isn't this long term residency?
The Migrant Rights Centre have written under section Long Term Residency "If granted long-term residency, you must bring your reply letter from the DoJELR to the GNIB or local immigration officer and ask them to change the stamp in your passport to a Stamp 4"
So, if she does in fact have long term residency then why are all the foreign embassies I email and phone saying that she hasn't?!!!
This is an email I sent the Lithuanian embassy today (sorry,it's kinda long):
-------------------------------------------------------------------------------------
Dear Sir/Madam,

I have been in contact by phone over the last 10 days or so with someone at your embassy who's name I cannot remember? It was in relation to Directive 2004/38/EC. My wife is Russian and I am Irish and we were of the view that my wife did not need a visa to travel to Lithuania, as set out in the directive.

But your embassy said that upon information recieved from the Irish authorities that my wife does need a visa. I would like to correct this information, as my wife in fact does not reqire a visa to travel to your country according to Directive 2004/38/EC.

The information which was given to your embassy by the Irish authorities is wrong. My wife currently holds a Stamp 4 immigration card and in her Russian passport is written D visa-spouse of Irish. This card is a long term residency caed, please see the section titled "Long Term Residency" at http://www.mrci.ie/know_rights/legalsta ... idency.htm as it states:

"If granted long-term residency, you must bring your reply letter from the DoJELR to the GNIB or local immigration officer and ask them to change the stamp in your passport to a Stamp 4"

What this means is that people who are in Ireland on lower class stamps (permits) who are granted long term residency need to have their permit upgraded to a Stamp 4. Stamp 4 is a residency card. My wife holds a Stamp 4. The European Commission states:

"Possession of the valid residence card issued by any Member State
exempts the family members from the visa requirement in all
Member States"

and

"Your family members cannot be automatically turned back at the
borders if they do not have a valid passport or, if required, an entry
visa, when they are able to prove by any other means that they are
covered by the right of free movement and residence by establishing
their identity and family ties with you"

The full text can be found at:
http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

With regard to the Stamp 4 EU FAM card, the Irish authorities told your embassy that this was the card which my wife needed to travel visa free to another E.U member State, however, I have been in contact with Irish immigration authorities to find out how my wife can apply for such an EU FAM card but the non-E.U spouse of an Irish national is not allowed to apply for an EU FAM card! EU FAM is not issued to spouses of Irish nationals.

We were also thinking of going to Czech Republic and I emailed the Czech embassy in Dublin to ask about the visa situation and their implementation of the directive. Here is their reply:

Dear Sir,

I am writing in regard to your visa query. According to the Czech national law, which was harmonized with EU law, if your wife is a Russian national she needs a visa when she would like to travel to the Czech Republic.

I saw the section 6 of the Directive on the right to move (mentioned in your e-mail), and if you read it carefully, you can see that there is stated - "no more visas ...when the family members ...have a residence card". This is the case when a family member of EU citizen does not require a visa. He or she must hold a special document - residence card - issued by any EU member state.

The problem is that Irish authorities do not issue such a kind of document (D re-entry visa is not residence card under the above stated Directive EU).

Your wife can apply for a visa at the Embassy of the Czech Rep. in Dublin (the visa process usually takes from 5 to 10 working days) or - because she is a family member of EU spouse - she can get it at the airport in Prague. She only needs a valid passport, 1 photo and marriage certificate. There is no charge for granting a visa.

Regards,

Zuzana Bur№нkovб
Consular Section
Embassy of the Czech Republic, Dublin

While not saying that my wife can travel visa free they are saying that because my wife is the spouse of an E.U national that she can get a visa for free at the point of entry into the Czech Republic. Why, even if you do not accept that my wife has residency in Ireland, can she not do the same thing and get a visa at the point of entry into Lithuania?

Do not be mislead by the Irish authorities, they seem to have their own agenda, one which includes making it as difficult as possible for non-E.U spouses to exercise their E.U treaty rights. Lithuania can make up her own mind, just as the Czech Republic and Latvia have done. Lithuania does not need to ask Ireland what types of controls Lithuania should exercise on her own borders.

Also, for information which might be useful for your own Lithuanian citizens I have been told by the Irish embassy in Slovakia that should for example a Slovak national or any other E.U national with a non-E.U spouse living legally with a residence permit in Slovakia or whatever other E.U State (including of course Lithuania) that the non-E.U spouse would have to apply for an Irish visa. I pointed out that that was in direct contravention of Directive 2004/238/EC but was basically told that that was how they did it. So, to ask the Irish authorities for clarification is not a very good idea, the European Commission would I believe be the suitable body to seek clarification from.

Being the Christmas/New Year holiday many organisations are closed, including the European Commission but as sson as they are working again I will be on the phone to them to clarify the situation.
------------------------------------------------------------------------------------

Thats the letter sent, one of many! God!
I am correct am I not? Or have I lost the plot?!!! From what I can see Stamp 4 is a residency card too. Just as Stamp 4 EU FAM is also a residency card. The directive says "residence", it does not say EU FAM, yes...but Stamp 4, no.... Any info or opinions most welcome. Thanks.

[mym]

I am correct am I not? Or have I lost the plot?!!! From what I can see Stamp 4 is a residency card too. Just as Stamp 4 EU FAM is also a residency card. The directive says "residence", it does not say EU FAM, yes...but Stamp 4, no.... Any info or opinions most welcome. Thanks.

As previously mentioned, it is only a Residence Permit for the purposes of avoiding a visa if it meets the standards set out in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
See the image on the final page of the pdf.
http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

[irish_ruskei]

I am correct am I not? Or have I lost the plot?!!! From what I can see Stamp 4 is a residency card too. Just as Stamp 4 EU FAM is also a residency card. The directive says "residence", it does not say EU FAM, yes...but Stamp 4, no.... Any info or opinions most welcome. Thanks.

As previously mentioned, it is only a Residence Permit for the purposes of avoiding a visa if it meets the standards set out in Council Regulation (EC) No 1030/2002 of 13 June 2002 laying down a uniform format for residence permits for third-country nationals.
See the image on the final page of the pdf.
http://eur-lex.europa.eu/LexUriServ/Lex ... 007:EN:PDF

I see. Thanks for the info. So, the problem is really the fact that the Iirsh authorities will not issue such a permit to the non-E.U spouse of an Irish national. I just don't understand how they can do that?!!!

When to the best of my knowledge and I might be wrong every other E.U State (except perhaps the U.K) issues such permits to non-E.U spouses.
I wonder where I would complain and challenge that decision? The European Commission? Or would it have to be done through the Irish courts? Its a very strange situation.
Surely, the Irish action is contrary to European law?

But even if my wife cannot produce an Irish residence permit doesn't she then at the point of entry into another member state have to be issued with an entry visa there? (Just as long as she can prove her identity and her family ties to me?) As stated in Article 3 of the directive:

"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"

And from the E.C stating, "Your family members cannot be automatically turned back at the
borders if they do not have a valid passport or, if required, an entry
visa, when they are able to prove by any other means that they are
covered by the right of free movement and residence by establishing
their identity and family ties with you"
http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf

Thanks.

[John]

.... to the best of my knowledge and I might be wrong every other E.U State (except perhaps the U.K) issues such permits to non-E.U spouses.

The UK complies with this EU legislation. I also do not understand how Ireland gets away with what appears to be a clear breach of the EU regulations. If necessary this will no doubt get sorted out in the ECJ in due course.

[irish_ruskei]

I have just sent this letter to the Lithuanian embassy in Dublin:


Dear Sir/Madam,



Further to the email which I sent to you earlier today I would like to say that I have looked into the matter further and I have now definetly established that until such time that the Irish government allows the issuing of EU FAM cards to the non-E.U spouses of Irish citizens my wife will need a visa to enter other E.U member States.



I do apologise for the confusion, thank you for your patience and understanding in this matter. This situation has been brought about by the Irish government denying treaty rights to the non-E.U spouses of Irish nationals, a stance which I am sure will come under intense scrutiny and legal challenge.



While having said that my wife needs a visa, she has the right under Directive 2004/38/EC to recieve that visa at the entry point to the other member State, whether it is Lithuania or Czech Republic or Slovakia or any other member State. Just as long as we are travelling together, have our marriage certificate and as long as my wife has her passport of course (a passport which I must add has a valid multi re-entry visa for Ireland) To clarify this for you I am enclosing the relevant parts of the directive and European Commission opinion.



In Chapter 2, Article 5.4 states:



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



http://eur-lex.europa.eu/LexUriServ/sit ... 350048.pdf



And from the European Commission it states:



Your family members cannot be automatically turned back at the
borders if they do not have a valid passport or, if required, an entry
visa, when they are able to prove by any other means that they are
covered by the right of free movement and residence by establishing
their identity and family ties with you



http://ec.europa.eu/commission_barroso/ ... _ec_en.pdf


So, yes, at this present time because of the Irish governments refusal to issue EU FAM to my wife (or any other non-E.U spouse of an Irish national), she does need a visa. A visa which can be obtained at the entry point into the relevant member State, a visa which does not have to be obtained prior to depature from Ireland. I am not surprised that the Irish authorities did not include that piece of information to you when they were advising you on the EU FAM card.



This complicated situation is brought about by one body alone, the Irish government.



Thank you for your time and assistance and if you have any further queries please do not hesitate in contacting me.



Kind regards,

[mym]

.... to the best of my knowledge and I might be wrong every other E.U State (except perhaps the U.K) issues such permits to non-E.U spouses.

The UK complies with this EU legislation.

The UK does the same thing as Ireland. It only issues Residence Permits under EU law to the non-EU spouses of EEA citizens. It does not issue them to the non-EU spouses of UK citizens UNLESS they are returning to the UK after living in another EEA state (the latter only as a result of the Surinder Singh case).

The extra problems for some of us in getting schengen visas for spouses all come from the additional fact that Schengen Visas are issued according to legally binding Common Consular Instructions - and guess what the three Member States that do not participate in the CCI as part of EU law are? Denmark, Ireland and the UK....

In any case, Ireland does not issue permits that allow visa free travel because they have opted out of Council Regulation (EC) No 1030/2002 - see Article 1 section 15:

(15) In accordance with Article 1 of the said Protocol, Ireland
is not participating in the adoption of this Regulation.
Consequently and without prejudice to Article 4 of the
aforementioned Protocol, the provisions of this Regulation
do not apply to Ireland

[irish_ruskei]

Unbelievable! Well, thanks for the info anyway. As far as I can see that still does not affect my wifes entry into another e.u state, in so far as she can still get according to the directive a visa at the entry point into the other member state and does not have to get a visa before she leaves Ireland.I think i have understood that correctly. Thanks

[John]

The UK does the same thing as Ireland. It only issues Residence Permits under EU law to the non-EU spouses of EEA citizens. It does not issue them to the non-EU spouses of UK citizens UNLESS they are returning to the UK after living in another EEA state (the latter only as a result of the Surinder Singh case).

I think you have a basic misunderstanding of the way this works. The EU Treaty Rights can only be used if, err, EU Treaty Rights are being used. That is, say a French citizen living in France, or a Spanish Citizen living in Spain, etc etc are not actually exercising EU Treaty Rights, are they! They are there because they are a citizen of that country, not because the EU has given them rights to be there.

The only exceptions are the Surinder Singh cases, where EU Treaty Rights have indeed been used in another state previously, meaning that the non-EEA family member is entitled, effectively, to retain the right to use EU legislation when returning to the country of the EEA citizen.

The UK complies with the letter and spirit of all this. Ireland does not. Here are are talking about a Lithuanian citizen and their non-EEA spouse. If we were talking here about getting an EEA Family Permit to permit the non-EEA person to live with their spouse in the UK, no problem. But we are not, we are talking about Ireland here, which seems to want to invent extra requirements.

[irish_ruskei]

The UK does the same thing as Ireland. It only issues Residence Permits under EU law to the non-EU spouses of EEA citizens. It does not issue them to the non-EU spouses of UK citizens UNLESS they are returning to the UK after living in another EEA state (the latter only as a result of the Surinder Singh case).

I think you have a basic misunderstanding of the way this works. The EU Treaty Rights can only be used if, err, EU Treaty Rights are being used. That is, say a French citizen living in France, or a Spanish Citizen living in Spain, etc etc are not actually exercising EU Treaty Rights, are they! They are there because they are a citizen of that country, not because the EU has given them rights to be there.

The only exceptions are the Surinder Singh cases, where EU Treaty Rights have indeed been used in another state previously, meaning that the non-EEA family member is entitled, effectively, to retain the right to use EU legislation when returning to the country of the EEA citizen.

The UK complies with the letter and spirit of all this. Ireland does not. Here are are talking about a Lithuanian citizen and their non-EEA spouse. If we were talking here about getting an EEA Family Permit to permit the non-EEA person to live with their spouse in the UK, no problem. But we are not, we are talking about Ireland here, which seems to want to invent extra requirements.

Em, I'm a bit confused...sorry. Thanks for trying to explain it to me though. I'm not Lithuanian, I'm Irish.
As far as I can see my wife can travel from Ireland without a visa for whatever e.u state we are going to together but she has to get the visa at the entry point to the e.u state (the czechs sent me an email to this effect) She just needs to have her passport (Russian), our marriage certificate, a passport sized photo and me.
And then according to 2004/38/ec they have to issue her with a visa!That is right isn't it? Thanks (sorry if i sound like a broken record!)
By the way I intend to complain to the European Commission about the Irish government, have started to already.

[John]

That being the case, I am totally confused by the fact you wrote to the Lithuanian embassy :-

I have just sent this letter to the Lithuanian embassy in Dublin:

As regards what you are saying about your wife traveling to other EU countries, I think the argument goes that as she is not exercising EU Treaty Rights in the country in which she is resident, then she has no right to enter other EU countries visa-free. But Lithuania is now in the Schengen area. So obtain a Schengen visa ... which must be issued free under EU legislation .... and she will have an ability to travel not just to Lithuania but also to all other Schengen area countries.

[mym]

Here are are talking about a Lithuanian citizen and their non-EEA spouse. If we were talking here about getting an EEA Family Permit to permit the non-EEA person to live with their spouse in the UK, no problem. But we are not, we are talking about Ireland here, which seems to want to invent extra requirements.

I know how it works, thanks. I think you have a basic misunderstanding of the case at hand, it is about an Irish citizen and his russian spouse.

[John]

Exactly, and that Russian spouse is living in Ireland on a visa issued under Irish Immigration law. Accordingly she cannot use EU legislation to enable her to enter into other EU countries without having the required visa.

[mym]

As regards what you are saying about your wife traveling to other EU countries, I think the argument goes that as she is not exercising EU Treaty Rights in the country in which she is resident, then she has no right to enter other EU countries visa-free.

Not so. To quote the Commission guide: "Your family members, irrespective of their nationality, have the right to accompany or join you in a Member State other than that of your nationality. This right applies irrespective whether they have previously been residing in another Member State... Possession of the valid residence card issued by any Member State exempts the family members from the visa requirement in all Member States."

The source of the OP's no-visa problem, to restate it for the last time, is that Ireland does NOT issue residence cards valid for this purpose (indeed it has opted out of the regulation that specifies how such a card demonstrates validity). If you read the current Common Consular Instructions you will note that there are NO valid residence documents listed for Ireland (or the UK either).

So the OP is in the same position as many of us in the UK, they have the right to be accompanied by their non-EEA spouse when entering an EEA state. That is the primary right, it derives from the relationship with an EEA citizen, not from possession of a visa. And it's why, although the spouse 'requires a visa', entry cannot be denied if they do not have a visa, but can prove by other means that they are the spouse of an EEA citizen.

Which leaves us in the russian (sic) roulette position of seeing what happens at borders on those occasions when we don't have time to get a visa before travel.

[John]

Possession of the valid residence card issued by any Member State exempts the family members from the visa requirement in all Member States

Exactly, the holder of a visa issued under a State's own immigration legislation will not have a Residence Card. And accordingly they are not able to travel visa-free to other EU countries.

Don't think that I am agreeing with this. I think all family members should qualify, but that is not the way the EU legislation is drafted.

Indeed it is all too easy to pick holes in the EU legislation. For example, there is the ability for someone to get PR status even after a divorce from a EEA national, as long as the marriage lasted at least 3 years, and they lived together in the EU state for at least one year. Fine, but what if they are not divorced, but merely separated?

[irish_ruskei]

Hi guys, thanks to both of you for trying to provide info to me (and others) personally I think you both and everyone else on this forum are doing a hell of a job! It's great to have a place like this to discuss, argue and exchange ideas...a good place to bounce ideas off one another too!

Anyway, this is the email which I recieved the other day from the Czech embassy in Dublin:

-------------------------------------------------------------------------------------
Dear xxxxxxxx,

I am writing in regard to your visa query. According to the Czech national law, which was harmonized with EU law, if your wife is a Russian national she needs a visa when she would like to travel to the Czech Republic.

I saw the section 6 of the Directive on the right to move (mentioned in your e-mail), and if you read it carefully, you can see that there is stated - "no more visas ...when the family members ...have a residence card". This is the case when a family member of EU citizen does not require a visa. He or she must hold a special document - residence card - issued by any EU member state.

The problem is that Irish authorities do not issue such a kind of document (D re-entry visa is not residence card under the above stated Directive EU).

Your wife can apply for a visa at the Embassy of the Czech Rep. in Dublin (the visa process usually takes from 5 to 10 working days) or - because she is a family member of EU spouse - she can get it at the airport in Prague. She only needs a valid passport, 1 photo and marriage certificate. There is no charge for granting a visa.

Regards,

Zuzana Buršíková
Consular Section
Embassy of the Czech Republic, Dublin
-------------------------------------------------------------------------------------

Therefore my wife can obtain a visa at the border of another EU member State (even if the Czechs had not sent that letter under 2004/38/EC she would still have to-there is no ambiguity here-HAVE TO, be given a visa.

Ihave not only writen to the Lithuanians, I have written to almost all EU embassies in Ireland saying pretty much the same thing that we were planning on visting their country,etc, etc.....and in line with directive 2004/38/EC, etc, etc.

We are going to prepare our complaint to the European Commission, Solvit, Barrosso, Fratini, European Parliament, European Ombudsman etc. Have also started to contact solicitors here in Ireland (but unless they do pro bono...!)


Here in Ireland we have 2 problems:

1:
The fact that the Irish government will not issue what is called an EU FAM residence permit to the non-e.u spouse of an Irish national (with this card my wife would not need a visa to travel to another member state)

2:
The fact that some many EU goverments are breaking the law, re: 2004/38/EC. By not granting visas at the border.

Something has to be done about all that! We're going to try to do our little bit.

[John]

The fact that the Irish government will not issue what is called an EU FAM residence permit to the non-e.u spouse

Are you able to name any EU country that is issuing, in respect of applications under its own immigration laws (rather than EU laws) the sort of Residence Card that is needed?

[irish_ruskei]

The fact that the Irish government will not issue what is called an EU FAM residence permit to the non-e.u spouse

Are you able to name any EU country that is issuing, in respect of applications under its own immigration laws (rather than EU laws) the sort of Residence Card that is needed?

As far as I know, and I am by no means and expert on any of this thus I could stand corrected, but there are many EU sates which issue residence cards, ones which if held would enable the non-EU bearer to travel without visa to another member state (as long as accompanied by the EU national spouse)

But leaving aside the residence card for a moment, if one looks at Directive 2004/38/EC in its own right, it clearly states that someone does not need to have a residence card:

Chapter 2, Article 5.4 states:

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

The Czech embassy i.e the Czech State, have supported this assertion.

When it refers to "residence", this does not mean that my wife has to have that specific EU FAM card(as if she had she would not need to obtain a visa at all, either at the border or at an embassy and Article 5.4 would not come into play at all) rather this "residence" qualification is met when she is able to produce a valid re-entry visa for Ireland and her Irish "Stamp 4" immigration card.

Someone can have residence in Ireland without having tha EU FAM card. The Stamp 4 card gives residence but not the right to enter another member State with the EU spouse without a visa, for that my wife would need the EU FAM.