Non-EEA visiting Ireland with Irish spouse

[moki28]

Hi

I'm an Indian married to an Irish national who is living and working in the UK. I have just received my Family Permit and we were hoping to spend Christmas and NYE with his family in Ireland. I'd taken it for granted that I wouldn't need a separate visa as India is part of the British-Irish Visa Scheme (BIVS) but am unable to find if this also applies to the EEA Family Permit.

My partner just flew into Ireland and checked with the control staff on landing and they seemed to think it would be fine if I had a visa stamped in my passport with a valid date, but I thought I would ask if anybody else knew for certain as I'd hate to be denied entry.

I know I can't apply for the EU Family Residence card as he is an Irish citizen so would I need to just get a visitor visa as a safe option?

Thanks in advance for any help!

[shpirtshqipe]

If you’re travelling together then your spouse will not need a visa entering Ireland. That’s assuming the Family Permit you have is the 5 Year Residence Card or EUFAM here in Ireland

[moki28]

It's the EEA Family Permit for 6 months. I can only apply for the 5 year Residence Card once in the UK.

[chaoclive]

It's the EEA Family Permit for 6 months. I can only apply for the 5 year Residence Card once in the UK.

I don't think the EEA FP will allow entry to Ireland. You need to have a residence card: 'Residence card of a family member of an EU citizen

You do not need a visa for Ireland if:
You are a family member of an EU/EEA or Swiss citizen, and
You hold a 'Residence card of a family member of a Union citizen'
To be valid, your card must be of the type referred to in Article 10 of Directive 2004/38/EC of the European Parliament and of the Council (the 'Free Movement Directive'). You do not. '

See here:
http://inis.gov.ie/en/INIS/Pages/visa-e ... dence-card

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I guess the short stay visa waiver scheme may work as the INIS website states:
'Short stay visa waiver programme

You may not need a visa to visit Ireland for less than 90 days if:
You hold a UK short stay visa (as described below)
You are a national of a country listed below
Your visit to Ireland ends before your UK 'leave to remain' ends.

UK short stay visas

UK short stay visit visas are permitted except those issued for:
Visitors in transit
Visitors seeking to marry or to enter a civil partnership

Long term visitors to the UK are not allowed, for example:
Long term student visas
Persons seeking to join a spouse or for family reunification.'

See here: http://www.inis.gov.ie/en/INIS/Pages/Ir ... 0Programme

It doesn't specifically state EEA family permits. It would be good to drop an email to the Irish Embassy where you are or to the Visa desk at INIS: visamail@justice.ie.

[moki28]

Thank you so much! I'll do that right away.