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While your spouse may be entitled to enter Ireland without any special provisions, the airlines usually make a fuzz about it if he doesn't have a visa. Therefore he should present himself either with a visa to enter Ireland as a non-tourist or have a ticket out of the country (it doesn't need to be a return ticket, can be to anywhere outside of Ireland). You should shop around for a flight that can be cancelled without a big financial loss.toaster wrote:I am a dual Irish-Australian citizen, with a non-EU (Australian) spouse. We're currently living together in Canada. We are planning to fly into Ireland, dropping some things off with family/friends, then going cycle touring around Europe for 3 months or so before settling and finding work in the EU (most likely either in the UK or Ireland). I assume I will be ok entering Ireland without a return ticket, however I was wondering if my spouse will require a return ticket, or whether it's ok for him to travel with a one-way as well?
In my (limited) experience, Immigration do not check whether someone has a return ticket. The airlines already do that because they face a fine if they fly someone that is not entitled to enter the destination country, plus they would have to fly him back free of charge. Therefore you will need to present a (non-tourist) visa or a ticket away from your destination at the airline check-in.archigabe wrote:If he's from a visa waiver country, will they check for a return ticket at the airport immigration?
Yes, sorry, I replied before I read your later post!toaster wrote:Hi - thanks for the reply Christophe. But I've already settled the return flight question, as I'll have onward travel booked.
I just want to confirm whether my spouse's Australian passport, combined with my Irish passport and a marriage certificate will be enough to allow him more than 3 months travel (just recreational cycle touring) throughout the Schengen zone. From what I've read plenty of Australians and US backpackers get away with illegally breaking the 3 month limitation, but we really don't want to do that, particularly as we're hoping to settle and start working once we're done cycling!
The right of the spouse of the EU citizen is governed only by Directive 2004/38/EC and by ECJ case law. Each country you visit, both people have the right to stay for up to 90 days without any additional formalities. It is only if they want to stay for longer than 90 days in one country that they should be exercising treaty rights.Christophe wrote:I'll leave it to others to reply to your question more definitively. I suppose technically it must hinge on whether going on a cycling holiday is exercising your treaty rights...
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You're right, as a non-visa national your husband might well get away with it anyway, but you're also right to say that that is not a good (or sensible) way to approach it... Equally, too, he might not: stamped in/stamped out...