Travel visa exemptions question

[tua1]

Hello - I’m Irish, wife is non-EU living in the UK together for over a decade where she has perm residence via family member of EU citizen. Also, our child is Irish.

I was wondering if anyone knows whether she might be exempt from any of the current restrictions around travel visas? I’ve looked at the guidance but can’t work it out!

As some context, I have a job in Northern Ireland starting from the end of December. I’ve some flexibility where I can work from in the immediate future and, between Brexit, COVID-19, the move and quarantines it would be helpful if we were able to travel on both sides of the border. In normal circumstances we would’ve applied already for a travel visa because of Brexit, but with COVID-19 I’m not sure what our options are, and I was hoping someone here could help.

Any help very appreciated!

[littlerr]

If she has a residence permit based on family member of an EU citizen, she is exempt from any visa requirement.

[tua1]

Hi - my assumption is that because it was issued in the UK where we’re resident, it won’t be valid post December 31st because of Brexit, and so she’s need a travel visa to enter Ireland after that?

[littlerr]

In principle, the Brexit agreement covers anyone who is a beneficiary before the transition ends.

This means, if your spouse has a permanent residence card issued under directive 2004/38/EC, her rights in the UK and EU should continue to be protected (subject to a few additional rules set out by the UK, such as applying for settled status and having health insurance in certain cases).

However, how that is going to play out, unfortunately we don’t really know at this stage (thanks to the UK for trying to break the agreement). There is still quite some chances that extra documents or visa applications might be needed in order to travel to another EU country visa-free.

Of course, if you have time, applying for a visa in Ireland in advance is always the best choice to rule out any uncertainties.

[tua1]

Thanks! The issue for us at the moment is that, as I understand it, travel visa applications have been paused due to the pandemic except for some exceptions and I can’t work out if my partner meets any of them (e.g. there’s an exemption for those exercising their freedom of movement rights and an exception for partners of Irish citizens returning to their place of residence, but I don’t think she’s eligible for either of those). I find it hard to believe there’s no way for the wife and the mother of an Irish citizen to enter the country and so am trying to work out if we’re missing something!

[Zerubbabel]

This means, if your spouse has a permanent residence card issued under directive 2004/38/EC, her rights in the UK and EU should continue to be protected (subject to a few additional rules set out by the UK, such as applying for settled status and having health insurance in certain cases).

Do you have a source for that? My understanding is that these EEA Article 10 cards issued by the UK don't allow visa free to the EU after Dec 31, 2020. Is there any update I missed?

[littlerr]

This means, if your spouse has a permanent residence card issued under directive 2004/38/EC, her rights in the UK and EU should continue to be protected (subject to a few additional rules set out by the UK, such as applying for settled status and having health insurance in certain cases).

Do you have a source for that? My understanding is that these EEA Article 10 cards issued by the UK don't allow visa free to the EU after Dec 31, 2020. Is there any update I missed?

Irish nationals who live in Northern Ireland will retain their EU citizenship rights, as part of the withdrawal agreement.

It's good to point out that I wasn't being explicitly clear in my previous comment. I was referring to the scenario where the OP would move to Northern Ireland and then travel between Northern Ireland and Republic of Ireland.

Again, as I pointed out earlier, this is all 'in principle' and no real progress has been made on how they would eventually play out. How the EU counterparts will be able to recognise that a family member is living in Northern Ireland (therefore enjoying EU citizenship rights) instead of the Great Britain, is also unknown.

[tua1]

I understood that the card needs to be from a Member State, so post Dec 31st it won’t be valid under the free movement directive.

I think in a normal time, at least in the short term, we’d be told to get a multiple entry travel visa if we want to cross the border for a visit, but as far as I’m aware these have been stopped because of the pandemic, and it’s not clear to me that any of the exemptions would apply for the foreseeable future.

I’m still trying to find out if there is any route and if I find anything I’ll update this in case it’s helpful for others

[littlerr]

You should be able to apply for a Type C Join Family visa under the EU directive, as you are already exercising your Free Movement. This would be quicker than the Type D visas. However, it would require you to have the intention of moving back to Ireland. I guess being a frontier worker should count as well.

Let’s just hope that with the vaccination and EU Traffic Light scheme, travels will return to normal from early next year.

[UK245]

Lot's of wrong info here.
Your wifes UK residence card is not an Article 10 card, so she is visa required. She can't apply for an EUTR visa as you are an Irish citizen. You're too late (Brexit) to use the Surinder Singh rights to port EUTR back to Ireland, and wouldn't qualify anyway if your job is NI based...you'd still be economically active in the UK, not Ireland.
Your wife would need a multi entry tourist visa, which is currently not available under covid regs.

[littlerr]

Lot's of wrong info here.
Your wifes UK residence card is not an Article 10 card, so she is visa required. She can't apply for an EUTR visa as you are an Irish citizen. You're too late (Brexit) to use the Surinder Singh rights to port EUTR back to Ireland, and wouldn't qualify anyway if your job is NI based...you'd still be economically active in the UK, not Ireland.
Your wife would need a multi entry tourist visa, which is currently not available under covid regs.

Why is her card not an Article 10 card? The OP has explicitly said that her wife has a permanent residence card based on being the spouse of an EU national. And of course she can apply for EUTR if the OP decides to move back to Republic of Ireland before 31 December.

[UK245]

UK hasn't issued Article 10 cards in years.

She cannot apply for EUTR, obviously, as he has no intention of exercising treaty rights in Ireland, he's working in NI (UK).

Irish nationals in NI will (obviously) retain their EU rights. BUT, their TCN family members can't avail of EUTR rights in NI, as the UK is no longer an EU member state.

This is basic stuff, I though you were some kind of expert here?