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So yes, your sister is entitled to move with you to Ireland where her entry and residence must be facilitated in accordance with EU Directive 2004/38/EC and with Ireland's transposition, Statutory Instrument 656 of 2006.[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], Article 3(2)(a) wrote:Without prejudice to any right to free movement and residence the persons concerned may have
in their own right, the host Member State shall, in accordance with its national legislation, facilitate
entry and residence for the following persons:
(a) any other family members, irrespective of their nationality, not falling under the definition in
point 2 of Article 2 who, in the country from which they have come, are dependants or
members of the household of the Union citizen having the primary right of residence, or
where serious health grounds strictly require the personal care of the family member by the
Union citizen;
[/quote]So yes, your sister is entitled to move with you to Ireland where her entry and residence must be facilitated in accordance with EU Directive 2004/38/EC and with Ireland's transposition, Statutory Instrument 656 of 2006.
Not since Metock.koded wrote:But I think in her sister's case she need to apply for Irish visa in UK which I think may be difficult to issue that kind of visa since her status in UK is not clarified yet. Because Irish embassy in Uk will demand from her a proof of residence in Uk.
If the UK authorities find out shes skipping off to Ireland, they will refuse her refugee status.ciarabon wrote: so what are you trying to imply , in my post did i state that she would like to apply for asylum in ireland ? of course not , i have merely asked if i could bring her along with me as my dependent when i start my new job. i have looked after her for a while and have never been dependent on the uk social welfare system. so i dont see where you are coming from.its not for you to judge that she is an economic migrant .that is the job of the uk immigration authorities.
NO CONDITION IS PERMANENT
I'm afraid you're wrong there, Tom.IrishTom wrote:Bad advice. One, its illegal and two, checks at the border are more regular since the recession kicked in. We have feck all immigration controls, is it too much to ask for people to abide by them?Ben wrote:
Visa not an issue if entering via Northern Ireland, save the hassle.
thanks monife. my sister will be withdrawing her claim for asylum here in the uk prior to making an application to the irish authorities for the eutr visa(could not find the right terminology for it).Monifé wrote:I think the OP's sister would also have to withdraw her claim for asylum in UK. If she leaves while her case is still ongoing, this is seen as unlawful, and it could hinder her future attempts to get visas for various EU countries.
Simple process though i think, just withdraw from asylum and then come over here using the EU directive of free movement.
I think you're letting yourself in for more headache by applying for an EUTR visa. Seriously. Just enter via Northern Ireland.ciarabon wrote:making an application to the irish authorities for the eutr visa(could not find the right terminology for it).
ummm... not very sure about this though , i am a registered nurse - midwife and if i get into trouble with the police(even a caution) this could have implications for my career and what if me and my sis run into the authorities trying to get in via northern ireland ?probably the easiest option but i would need to think about this carefully.Ben wrote:I think you're letting yourself in for more headache by applying for an EUTR visa. Seriously. Just enter via Northern Ireland.ciarabon wrote:making an application to the irish authorities for the eutr visa(could not find the right terminology for it).
Why, would you be doing something illegal?ciarabon wrote:ummm... not very sure about this though , i am a registered nurse - midwife and if i get into trouble with the police(even a caution) this could have implications for my career and what if me and my sis run into the authorities trying to get in via northern ireland ?probably the easiest option but i would need to think about this carefully.Ben wrote:I think you're letting yourself in for more headache by applying for an EUTR visa. Seriously. Just enter via Northern Ireland.ciarabon wrote:making an application to the irish authorities for the eutr visa(could not find the right terminology for it).
thanks though
are you trying to be controversial, sarcastic or what ? anyway i shall not comment any further this would just be dignifying the rubbish which you are trying to enforce go and try it elswhereIrishTom wrote:Ireland is exporting her trained nurses and mid wifes. I remember watching PrimeTime and all our recent nursing graduates were forced to emigrate.
Why in the name of Jebus are we exporting our own whilst importing foreigners and their asylum seeking brethren? Id nearly call it treason.
Because i have always been told that its ok for a uk national like me to travel within the common travel area .ie from nbelfast to dublin without a visa but not for my sister who is a non uk national as she would need a visa first befre travelling. so that is where my concern is when travelling with her .Ben wrote:Why, would you be doing something illegal?ciarabon wrote:ummm... not very sure about this though , i am a registered nurse - midwife and if i get into trouble with the police(even a caution) this could have implications for my career and what if me and my sis run into the authorities trying to get in via northern ireland ?probably the easiest option but i would need to think about this carefully.Ben wrote:I think you're letting yourself in for more headache by applying for an EUTR visa. Seriously. Just enter via Northern Ireland.ciarabon wrote:making an application to the irish authorities for the eutr visa(could not find the right terminology for it).
thanks though
No. As clarified in the ECJ ruling in the case of Metock, it matters not how the non-EEA national family members enter the other Member State either in the company of, or to join, the EEA national. It also does not matter if the non-EEA national family member was not lawfully resident in another Member State.ciarabon wrote:Because i have always been told that its ok for a uk national like me to travel within the common travel area .ie from nbelfast to dublin without a visa but not for my sister who is a non uk national as she would need a visa first befre travelling. so that is where my concern is when travelling with her .Ben wrote:Why, would you be doing something illegal?ciarabon wrote:ummm... not very sure about this though , i am a registered nurse - midwife and if i get into trouble with the police(even a caution) this could have implications for my career and what if me and my sis run into the authorities trying to get in via northern ireland ?probably the easiest option but i would need to think about this carefully.Ben wrote:
I think you're letting yourself in for more headache by applying for an EUTR visa. Seriously. Just enter via Northern Ireland.
thanks though
ta.
Look, I am sure you are brilliant in your job/vocation and I have nothing but respect for anyone who works in your field, but Ireland is exporting her own nursing graduates and importing foreigners. Thats lunacy. Oh, and by the way, Irish nurses are some of the best trained nurses in the world.ciarabon wrote:are you trying to be controversial, sarcastic or what ? anyway i shall not comment any further this would just be dignifying the rubbish which you are trying to enforce go and try it elswhereIrishTom wrote:Ireland is exporting her trained nurses and mid wifes. I remember watching PrimeTime and all our recent nursing graduates were forced to emigrate.
Why in the name of Jebus are we exporting our own whilst importing foreigners and their asylum seeking brethren? Id nearly call it treason.
its not my fault that a lot of irish nurses do not have the qualifications and experience which british trained (and citizens like me) have got.
its a tough world out there, i dont apologise for what i have managed to do in my short life yes registered nurse/ midwife Bsc (hons) and Msc as well and can go and work wherever i want to work and bring along my [asylum seeking brethren (i did not make the eu laws).
tough
metock applies to spouses only. its not fully clear whether it also applies to other family members like siblings/uncles etc. an english case on the interpretation of this was heard shortly after metock sounded that out. who knows thoughBen wrote:Not since Metock.koded wrote:But I think in her sister's case she need to apply for Irish visa in UK which I think may be difficult to issue that kind of visa since her status in UK is not clarified yet. Because Irish embassy in Uk will demand from her a proof of residence in Uk.
Visa not an issue if entering via Northern Ireland, save the hassle.
the irish authorities will find out some how and may be obliged to return her back to britian in order to finish the claim, after all that was the whole point of going to britianBen wrote:Probably, but since she's no longer seeking refuge in the UK one would assume that she accepts this.IrishTom wrote:If the UK authorities find out shes skipping off to Ireland, they will refuse her refugee status.
It is actually quite clear:walrusgumble wrote:metock applies to spouses only. its not fully clear whether it also applies to other family members like siblings/uncles etc.
ECJ ruling in Case C-127/08 (Metock) wrote:The right of a national of a non-member country who is a family member of a Union citizen to accompany or join that citizen cannot be made conditional on prior lawful residence in another Member State
If the sister has the right of residence in Ireland, the Irish authorities may not deny her of this, nor may they return her to the UK.walrusgumble wrote:the irish authorities will find out some how and may be obliged to return her back to britian in order to finish the claim, after all that was the whole point of going to britian
No. The right to reside exists if the sister was a member of the household in the country from which she and the EU national has come. No further conditions or exclusions may be applied.walrusgumble wrote:Its not concrete regarding her rights iunder eu n light of her asylum claim and both authorities might accuse the sister of trying to "engineer a situation" to side steep the british immigration system