NO visa required for family members going to IRELAND.......

[charles4u]

Well friend that will be a good idea, I have my flight today for 1pm but people advise me not to go even with all my proves of being a family member. Lets say lucky u b4 then the EEA family thing might have being ammended or cancelled.

But the fact is ..why are the embassies saying different things when they are awear of the law...see the reply I got from IRELAND Embassy in Romania today even with the proves and copy of whats said in the EU Directive and law, He said I still need a visa which means they dont care whats said in the EU law..their own law is their own law..


IRELAND EMBASSY
Hello, You need a visa to travel to Ireland, even if you are a family member of a Romanian citizen, have a residency card in Romania and accompany the family member.

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From: #BUCHAREST EM External Email
Sent: 07 November 2008 09:15
To: Stanica Nicoleta BUCHAREST EM
Subject: FW: Feedback



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From: feedback@dfa.ie [mailto:feedback@dfa.ie]
Sent: Thu 06/11/2008 15:29
To: #BUCHAREST EM External Email
Subject: Feedback



Your name:: charles
Your email address::
Query/Comment:: I want to knbow if I still need visa to go to Ireland as am a Nigerian but residing in Romanian and hold a residence card for family members, I and my wife want to visit the Ireland and Nederland so I want to know if I still need a visa to go to Ireland even with my type of residence permit. As I made a search and I found this ammendment from the EU directive ammended in Ireland saying if holding this type of permit from another EU member state then the EU citizen can accompany the spouse to any EU member state.
http://eur-lex.europa.eu/LexUriServ/Lex ... 27:EN:HTML

In particular, the first subparagraph of Article 5(2) of Directive 2004/38 provides that nationals of non-member countries who are family members of a Union citizen are required to have an entry visa, unless they are in possession of the valid residence card referred to in Article 10 of that directive. In that, as follows from Articles 9(1) and 10(1) of Directive 2004/38, the residence card is the document that evidences the right of residence for more than three months in a Member State of the family members of a Union citizen who are not nationals of a Member State, the fact that Article 5(2) provides for the entry into the host Member State of family members of a Union citizen who do not have a residence card shows that Directive 2004/38 is capable of applying also to family members who were not already lawfully resident in another Member State.

[MAKUSA]

The problem lies with the airlines allowing you to board, because once you get to the port of entry, i dont see anybody refusing you entry. They might want to try their funny business. Just make sure you have a copy of the directive, your RC, Marriage cert and your EU spouse. Fight them all the way, be very confrontational if you have to be. They love the psychological game.

[86ti]

Ireland is certainly acknowledging this judgement when processing relevant new and previously rejected Residence Card applications. I cannot confirm or deny the UK's adherence though.

Prior residence was never a condition as far as I know (otherwise I wouldn't be in the UK). If you apply form outside the EEA normal immigration rules will apply for the non-EEA partner. I don't know, however, how the UK handles in-country marriages (or if that is possible at all for certain groups).

I dont get what u mean here.

I was just referring to benifa's comment (as quoted) on how Ireland handled Residence Card applications prior to the Metock et al. ruling.

[charles4u]

The problem lies with the airlines allowing you to board, because once you get to the port of entry, i dont see anybody refusing you entry. They might want to try their funny business. Just make sure you have a copy of the directive, your RC, Marriage cert and your EU spouse. Fight them all the way, be very confrontational if you have to be. They love the psychological game.

I wich I had this advise earlier and from more people ...but unfrotunately not as am advise I will be turned back and deported just bcus I was earlier refused for some unreasonable reasons.

Well its all gone now and am I guess my flight will already even be in Luton by now..thx anyway and next time...If anybody wants to do anything,sometimes one should stand on is believe cus sometimes it works..Thxxx anyway friend...

[Richard66]

I mean that a family member that is a visa national will be allowed to enter IF he reaches Immigration, but virtually all carriers will deny him boarding, effectively cancelling any right of entry.

It needs to be updated because it still speaks a about being previously legally resident in another EEA state and that, with the Metock ruling of the ECJ, is no longer valid.

[charles4u]

Ok I get u now 86ti and Richard what can be done to this Airlines concerning this issue? Can they be reported to the EU also?

Cus this is the main problem now this days

[Richard66]

Ok I get u now 86ti and Richard what can be done to this Airlines concerning this issue? Can they be reported to the EU also?

That is the beauty of it: you can only sue the airline for damages. The EU can is to put pressure to ensure airlines have acurate information.

[charles4u]

Ok I get u now 86ti and Richard what can be done to this Airlines concerning this issue? Can they be reported to the EU also?

That is the beauty of it: you can only sue the airline for damages. The EU can is to put pressure to ensure airlines have acurate information.

After one is denied boarding and ticket and time ..gone....One tries to board again and same thing ...
How long will they keep being sued?