Coming to Ireland with Non EU Spouse.

[yamaha]

Hi I am a UK citizen ( Northern Ireland) married to a Brazilian and currently living in Brazil.We are thinking of moving to Ireland,can we just show up at Dublin airport with our passports and marriage cert. and be allowed entry into Ireland?
One other thing,about one and a half years ago before we were married we were living together in Belfast and my future wife had overstayes her UK visa but we left from Dublin to go to Brazil on holiday and stupidly returned again.When my future wife tried to gain entry she was refused and sent back to Brazil the next day.Would this heve any effect on us gaining entry now that we are married?
The IO officer that day actualy told us if we were married it would have been different,but you never know.

Thanks in advance.

[Ben]

Hi Yamaha,

Hi I am a UK citizen ( Northern Ireland) married to a Brazilian and currently living in Brazil.We are thinking of moving to Ireland,can we just show up at Dublin airport with our passports and marriage cert. and be allowed entry into Ireland?

Absolutely.

One other thing,about one and a half years ago before we were married we were living together in Belfast and my future wife had overstayes her UK visa but we left from Dublin to go to Brazil on holiday and stupidly returned again.When my future wife tried to gain entry she was refused and sent back to Brazil the next day.Would this heve any effect on us gaining entry now that we are married?

No it would not. Incidentally, how long had you been together, at the time when she was refused admission to Ireland?

[yamaha]

Thanks for the reply,we had been together for just over 1 year prior to her being refused entry.

[Ben]

Did the immigration Gardaí even consider that your (then) girlfriend might be the partner with whom a Union citizen has a durable relationship, duly attested?

Or did they just see her as a non-EEA national, entering Ireland without a return ticket and without intention to return?

[yamaha]

The problerm was that at that time we were living in Northern Irelalnd and the IO said that he could not let us do that which is fair enough.Though he did say that a few days previously a couple,Northern Ireland citizen and Non EU spouse had arrived in Dublin and he had let them through even though they were travelling to NI,but I think the words he used were something like he would let Immigration in NI sort them out.

[Ben]

The problem is that, under the provisions of the Common Travel Area:

• The Garda National Immigration Bureau in Ireland have a responsibility to the United Kingdom to ascertain that any non-Irish or non-British citizen, arriving in Ireland, shall be permitted to enter the UK if it is their intention to go there.
• The United Kingdom Border Agency in the UK have a responsibility to Ireland to ascertain that any non-Irish or non-British citizen, arriving in the UK, shall be permitted to enter Ireland if it is their intention to go there.

In your case, I suspect that the Garda who dealt with your wife (then girlfriend) was keeping the provisions of the Common Travel Area agreement in mind. That is, he saw a Brazilian national wishing to enter Ireland with the intention to proceed to the UK where she had no permission or entitlement to reside - and so he refused entry.

However, under the provisions of EU Directive 2004/38/EC, every EU national has the right to enter the territory of another member state without any condition or formality other than the requirement to hold a valid passport or National ID card. Entry must also be facilitated for the unmarried partner with whom the EU national has a durable relationship, duly attested.

Now, as you were together for just over a year at that time, it is questionable as to whether you could have been seen to be in a durable relationship, duly attested. But it should have been examined at the border - and it wasn't.

Anyway, it's in the past now and I'm digressing.

As husband and wife, you have the right to enter Ireland with each of your passports (yours and hers), plus your marriage certificate.

By the way, do you intend to live in Ireland or in Northern Ireland? If the latter, are you also an Irish citizen by nature of your birth in Northern Ireland prior to 01/01/2005?

[yamaha]

Thanks again,we are thinking of living in IReland for maybe 6 months to a year.I am eligible for an Irish passport bbut just havent got round to applying for it,would this make any difference if we decided to live in NI?

[Ben]

I am eligible for an Irish passport bbut just havent got round to applying for it,would this make any difference if we decided to live in NI?

Yes it would. It would mean that your wife can reside in the UK using the EEA regs and not the UK regs, if she so wishes.

[yamaha]

I am eligible for an Irish passport bbut just havent got round to applying for it,would this make any difference if we decided to live in NI?

Yes it would. It would mean that your wife can reside in the UK using the EEA regs and not the UK regs, if she so wishes.

So could we arrive in Dublin Airport with me having an Irish passport and our marriage certificate and be allowed to travel to and live in NI without any problems?
Or is there a process that we have to complete beforehand?

[Ben]

I am eligible for an Irish passport bbut just havent got round to applying for it,would this make any difference if we decided to live in NI?

Yes it would. It would mean that your wife can reside in the UK using the EEA regs and not the UK regs, if she so wishes.

So could we arrive in Dublin Airport with me having an Irish passport and our marriage certificate and be allowed to travel to and live in NI without any problems?
Or is there a process that we have to complete beforehand?

That is correct. No process to be completed before hand.

[yamaha]

That sounds too good to be true what would we say to the IO officer on arrival in Dublin,would we have to qoute any EEA directive to convince them to allow us entry and to travel onto NI? Or would it just be a case of on you go Sir and Madam?

[Ben]

EU Directive 2004/38/EC. I recommend that you read it and learn it. It shall be the basis of your wife's residence on this island, in whichever jurisdiction.

• Every EU citizen is entitled to enter the territory of another Member State and to reside there for up to three months without any condition or formality other than the requirement to hold a valid passport or National ID card.
• Every EU citizen is entitled to reside in the territory of another Member State for more than three months if he is employed, self-employed, engaged in a course of study or is economically self-sufficient.
• The spouse and certain other family members of the EU citizen have the right to accompany or join the EU citizen during his period of residence in the territory of another Member State - regardless of their own nationality.
• If you will live in Ireland, you shall be a UK national who is exercising his right to move and reside in the territory of another Member State.
• If you will live in Northern Ireland, you shall be an Irish national who is exercising his right to move and reside in the territory of another Member State.
• Upon entry to Ireland from Brazil in Dublin airport, you should show your British passport, your wife's Brazilian passport and you marriage certificate. Make clear to the Garda that you are entering Ireland in accordance with the provisions of EU Directive 2004/38/EC and of Irish Statutory Instrument 656 of 2006 (the latter being Ireland's transposition of the former).
• Should you remain in Ireland for longer than three months, you must be employed, self-employed, engaged in a course of study or economically self-sufficient. In the latter two cases, you must have comprehensive sickness insurance cover for the both of you. Your wife should apply for a "Residence Card of a family member of a Union citizen", using form "EU1". The Residence Card will be valid for five years. After five years residence in accordance with the provisions of the Directive, your wife will have acquired the right of Permanent Residence in Ireland.
• Should you enter and remain in Northern Ireland for longer than three months, you must be employed, self-employed, engaged in a course of study or economically self-sufficient. In the latter two cases, you must have comprehensive sickness insurance cover for the both of you. Your wife should apply for a "Residence Card of a family member of a Union citizen", using form "EEA2". The Residence Card will be valid for five years. After five years residence in accordance with the provisions of the Directive, your wife will have acquired the right of Permanent Residence in the UK.

[yamaha]

Thanks for the info benifa and sorry for all the questions,but on entering dublin Airport do we have to provide an address where we will be staying in Ireland or if we wanted to go straight to NI from Dublin Airport would we not then be illegally entering the UK (NI) so much of this stuff I am looking at is very contradictory.

http://www.lawcentreni.org/EoR/immigrat ... ership.htm

[Ben]

Thanks for the info benifa and sorry for all the questions,

No problem.

but on entering dublin Airport do we have to provide an address where we will be staying in Ireland

No. You have the right to enter and reside for up to three months without any condition or formality other than the requirement to hold a valid passport or National ID card.

or if we wanted to go straight to NI from Dublin Airport would we not then be illegally entering the UK (NI)

Not at all. The ECJ ruling in the case of Metock made clear:

the Court holds that a non-Community spouse of a Union citizen who accompanies or joins that citizen can benefit from the directive, irrespective of when and where their marriage took place and of how that spouse entered the host Member State.

[yamaha]

Great stuff benifa,just didn't like the bit at the end though.

The host member state,is however,entitled to impose penalties,in compliance with the directive,for entry into and residence in its territory in breach of the national rules on immigration.

[Ben]

But your wife shall not be entering or resident in accordance with the British / Irish national immigration rules - she shall be resident in accordance with EU rules.

[yamaha]

Got you now benifa,thanks for all the info,have to give my head a rest for now,some of this stuff is mighty confusing.