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PLEASE NOTE
If you are travelling to Ireland without your EU spouse/partner
or your trip is not for the purpose of visiting
an EU spouse/partner who is residing in Ireland,
you are required to provide the necessary documents
as listed in the Visit Visa Checklist.
The Irish Permanent Representation replied by letter of 13 April 2006 in
which they acknowledged the problems Mr R.D. and his spouse encountered
while travelling to Ireland and they conceded that the requirements did
indeed violate Community legislation.
They also informed that for the past twelve months, the requirements for
third country family members accompanying a Union citizen travelling to
Ireland are as follows – passports of the applicant and Union citizen, the
original marriage certificate and three photographs. Moreover, all Irish
Embassies and Consulates have been reminded of these requirements.
Excellent find, Acme!acme4242 wrote:also relevant reading about similar problems with this Irish Consulate in London, with an mild apology from
Ambassador Bobby McDonagh
http://www.europarl.europa.eu/registre/ ... 991_EN.pdf
1. The requirement for an immigration visa
26. That national of a non-Member State should not be required to show any
independent reason for entering into the territory. His right, as a matter of
Community law, is derived from the right enjoyed by the Community national, so
that to require that person to fulfill formal conditions prior to entry into
national territory constitutes not only a restriction on his (derived) right but
also a restriction on the principal right of the Community national.
31. It is therefore apparent from the provisions of the directives on the
entry of members of the family, as interpreted by the Court, that entry
formalities must be restricted to the expressly specified documents and that any
further immigration procedure is not permissible.
"a document issued by the competent authority of the State of origin
or the State whence they came, proving their relationship"
Petition 0007/2005, by Frank Semmig (German) on the complicated
procedures for travel to Ireland by non-EU citizens with residence
permits in Great Britain and Germany
1. Summary of petition
The petitioner, who is German, lives with his Russian wife in
Great Britain, where both have domicile status. His wife also
has a German residence permit. He complains at the difficulties
his wife faces in travelling to Ireland when she wants to accompany
him on long business trips, since each time she has to apply for an
individual visa in London and collect it from there. The petitioner
also feels that his freedom of movement is restricted, as for each of
his wife's visa applications he has to declare his personal and financial
circumstances and give details of his travel plans and these are carefully
checked
Legal assessment
Conditions and time frames for issuing visas
In order to issue a visa to the wife of the petitioner, who wishes to
accompany her husband on a trip to Ireland in the context of their right
to free movement, the Irish authorities may only ask her for her valid
passport or identity card and proof of her relationship to him. The
directives applicable to the free movement of persons, and in particular
Directive 73/148/EEC2 applicable to those providing and those receiving
services, stipulate that the Member States must 'afford every facility'
to family members of EU citizens for obtaining any necessary visas.
The Member States are not allowed to subject people to other requirements or
to demand other documents or information from beneficiaries of Community law
who apply for a visa to enter their territory. It is not in keeping with
Community law to demand that EU citizens give detailed information on
personal data, or on their travel plans or hotel reservations.
SI 656 of 2006 is amended (due to Metock) with SI 310 of 2008freon21 wrote: It looks like ECJ judgement on Metock case is being ignored by Irish authorities .
A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE.
Even if It has been here:
http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf
This is what I thought but:acme4242 wrote:SI 656 of 2006 is amended (due to Metock) with SI 310 of 2008freon21 wrote: It looks like ECJ judgement on Metock case is being ignored by Irish authorities .
A NON-COMMUNITY SPOUSE OF A CITIZEN OF THE UNION CAN MOVE AND RESIDE WITH THAT CITIZEN IN THE UNION WITHOUT HAVING PREVIOUSLY BEEN LAWFULLY RESIDENT IN A MEMBER STATE.
Even if It has been here:
http://www.inis.gov.ie/en/INIS/SI656of2 ... of2006.pdf
The Regulations now apply to EU citizen family members without the
earlier exclusion clauses of EU residency etc.
Therefore, if I am correct ?, according to the earlier correspondence
between Irish Authorities and the EU commission I think your spouse
should be entitled to Multi Journey "D" visa, regardless if its only a
visit or a migration.
But I don't know the rules concerning how long the visa should last.
And under law, the only supporting document requirement is a valid marriage cert.
If I am wrong, can someone please clarify and help. as I am not an expert.
Hi Directive/2004/38/ECDirective/2004/38/EC wrote:You should contact Solvit immediately for their help. http://eumovement.wordpress.com/help-eu-solvit/
I would also contact the treaty rights section of the Irish DFA. Make it clear to them that you will contact the European Comission if this is not cleared up quickly and completely. Be clear that this is a family member of an EU citizen.