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For non-EEA nationals residing in NI who require a visa for the ROI, they must apply for one prior to crossing into ROI. Entering without a visa is deemed to be an illegal entry. With a visa, you’d have to present yourselves to the nearest Garda station.toby2020 wrote: ↑Sun Feb 09, 2020 2:00 pmwe have drove down south many times to visit family and we never got a visa as obviously there is no border checks and we just took the chance.
how would she go about getting a right to remain in ireland with her spouse? could we just drive down and report to a garda station to try and get some sort of stamp for her to remain in the state?
i really don't think it was illegal for her to travel with me from NI to ROI as we are married and she would be travelling with a family member under Directive 2004/38/EC as we are living in the european union, so everytime we did travel from NI to cork there should of been no problem if we were stopped and we could show our marriage cert.avro1959 wrote: ↑Mon Feb 10, 2020 12:00 amFor non-EEA nationals residing in NI who require a visa for the ROI, they must apply for one prior to crossing into ROI. Entering without a visa is deemed to be an illegal entry. With a visa, you’d have to present yourselves to the nearest Garda station.toby2020 wrote: ↑Sun Feb 09, 2020 2:00 pmwe have drove down south many times to visit family and we never got a visa as obviously there is no border checks and we just took the chance.
how would she go about getting a right to remain in ireland with her spouse? could we just drive down and report to a garda station to try and get some sort of stamp for her to remain in the state?
If you want to go by the book, then indeed she will need a visa before crossing the border.
Therefore all her previous trips to Cork were also illegal - I’d avoid bringing that up intentionally if I were you.
I’m not an immigration lawyer so I’m not the best person to answer, but you can also email GNIB with this enquiry for their official word. http://www.inis.gov.ie/en/INIS/Pages/contact
I have emailed INIS a few days ago, do you have any idea how long it takes them to give a reply?avro1959 wrote: ↑Mon Feb 10, 2020 11:17 pmYou make a good point about the European directive. Indeed, if the entries are legal, there’s nothing stopping you from crossing and going to the nearest GNIB office and making an application to reside.
- I believe you’re looking for a long term D visa which is for spouses of Irish citizens.
http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-irish
However technically speaking, since you and your wife currently live in a country that’s following EU rules, you could also apply to be treated as an EU citizen in Ireland - which would extend more favourable rules to you and the opportunity to get the Stamp 4EUFAM.
http://www.inis.gov.ie/en/INIS/Pages/re ... n-eutreaty
In summary, I’m not sure of the best approach but INIS should be able to provide you guidance by email - I’d suggest bringing up the possibility of applying for the stamp 4EUFAM based on the fact that you’re returning from a different EU country and your wife already possesses an EU family residence card from said country.