- FAQ
- Login
- Register
- Call Workpermit.com for a paid service +44 (0)344-991-9222
ESC
Welcome to immigrationboards.com!
Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator
No you don't. Singh conditions apply. You are to be treated as an EU national, not an Irish national, for the purpose of Directive 2004/38/EC when returning to Ireland.ciaramc wrote:Now don't know about you lot but I'm sure my husband and myself don't have to produce tickets? Or do we?
If you think you can both board the flight from Italy to Ireland, possessing only your two passports and his Residence Card, - do it.Directive 2004/38/EC, Article 6(1) wrote:Right of residence for up to three months
1. Union citizens shall have the right of residence on the territory of another Member State for a
period of up to three months without any conditions or any formalities other than the requirement to
hold a valid identity card or passport.
ECJ ruling in Case C-370/90 (Singh) wrote:Article 52 of the Treaty and Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services, properly construed, require a Member State to grant leave to enter and reside in its territory to the spouse, of whatever nationality, of a national of that State who has gone, with that spouse, to another Member State in order to work there as an employed person as envisaged by Article 48 of the Treaty and returns to establish himself or herself as envisaged by Article 52 of the Treaty in the State of which he or she is a national. A spouse must enjoy at least the same rights as would be granted to him or her under Community law if his or her spouse entered and resided in another Member State.
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Article 5(2) wrote:Right of Entry
2. Family members who are not nationals of a Member State shall only be required to have an
entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national
law. For the purposes of this Directive, possession of the valid residence card referred to in
Article 10 shall exempt such family members from the visa requirement.
Living in Europe : Entry procedures in another EU country > for their family members who are not Union citizens themselves wrote:Possession of the valid residence card, referred to in the relevant fact sheet, issued by any Member State, exempts you from the visa obligation not only in the Member State which issued the residence card, but in all Member States.
<also>
Immigration officers at the border may not:
* affix an entry stamp in your passport on arrival when you present the residence card;
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Article 5(3) wrote:Right of Entry
3. The host Member State shall not place an entry or exit stamp in the passport of family members
who are not nationals of a Member State provided that they present the residence card provided for
in Article 10.
[url=http://www.inis.gov.ie/en/INIS/SI656of2006.pdf/Files/SI656of2006.pdf]European Communities (Free Movement of Persons) (No. 2) Regulations 2006[/url], Regulation 4 wrote:(4) An immigration officer shall not, at the point of entry, place a stamp in the passport of a
qualifying family member who presents to the officer a valid residence card.
The quote above i received from the Embassy as their official guidelines...in English and Italian.Visa applications by family members of EU citizens who wish to move to Ireland
As of 26 January 2009, all visa applications must be made online at www.visas.inis.gov.ie .
Once an application has been made online, the summary sheet should be printed and sent, along with the required documentation to the appropriate Embassy. Applications from Italy and San Marino should be sent to the Irish Embassy in Rome or the Honorary Consulate in Milan. Applications from Libya should be sent to the Irish Embassy in Cairo. See www.visas.inis.gov.ie for further details.
Spouses
•Signed application summary sheet and three passport photographs
•Passport.
•(For Spouses) Marriage Certificate – evidence (apostilled document) that marriage has been registered in applicant’s country of origin/residence. (We never regisitered anywhere as we married in Italy we have a international marriage certificate will this do? I never regisitered in Ireland cause the embassy informed us no need we married in Italy valid in Ireland also))
•(For Children) Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required).
•Evidence that the EU Citizen spouse is exercising their EU Treaty Rights by being employed/self employed in Ireland or engaged in a valid vocational training programme or has sufficient financial resources and comprehensive sickness insurance cover. (Thought we can stay 3 months without the need to exercise rights?)
This answer you received is not fully correct. Please clarify with them.Your situation very much depends on whether you and your husband are travelling together or not..
Family members who are not nationals of an EU Member State are not entitled to the visa arrangements mentioned above when travelling alone. The freedoms apply to non-EU national family members only when they travel with an EU citizen. Non-EU nationals who wish to travel alone within the EU have to comply with the normal visa, if required, and other requirements for their nationality.
As confirmed by the European court of Justice and also acknowledged by the Irish Authorities in 2006Consular officers issuing the visas may not ask you to produce any documents (other than a valid passport and documents attesting to your family link with a Union citizen and proof of dependence, where applicable) such as to furnish proof of means to support yourself, travel tickets, employment certificate, pay slips, bank statements, proof of accommodation, means of subsistence, medical certificate etc or
ask you how much money you have to spend or ask you questions regarding the purpose and duration of your trip.
"http://www.europarl.europa.eu/registre/ ... 991_EN.pdf"
also
The Irish Permanent Representation (Irish Ambassador Bobby McDonagh)
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.