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Forum to discuss all things Blarney | Ireland immigration

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factone
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Post by factone » Tue May 10, 2011 12:56 pm

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Last edited by factone on Tue Mar 13, 2012 2:17 pm, edited 1 time in total.

fatty patty
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Re: from ireland to uk visa biometric,finger prints needed o

Post by fatty patty » Tue May 10, 2011 9:15 pm

factone wrote:hi and thanks to every one who replies . i am asking this question for my friend he is non eu spous of british national and got eu4fam question is if he applies for the visa to uk from ireland does he need to give fingerprints biomatric data etc. or not
thanx
If he applies for a visa then yes biometrics are compulsory nowadays, but he has EUFAM stamp as you mentioned and if traveling with his spouse he do not need a visa to enter UK and infact even Europe.

Muttsnuts
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Re: from ireland to uk visa biometric,finger prints needed o

Post by Muttsnuts » Tue May 10, 2011 10:29 pm

fatty patty wrote:
factone wrote:hi and thanks to every one who replies . i am asking this question for my friend he is non eu spous of british national and got eu4fam question is if he applies for the visa to uk from ireland does he need to give fingerprints biomatric data etc. or not
thanx
If he applies for a visa then yes biometrics are compulsory nowadays, but he has EUFAM stamp as you mentioned and if traveling with his spouse he do not need a visa to enter UK and infact even Europe.
That's what the Directive says but it's not what happens in practise. A Ministerial Order issued this month resolving this matter in Ireland (exempting EU Residence card holders from requiring visas, see SI 146/2011) but the UK still require entry visas for non-EU Nationals travelling with their residence card and their EU Spouse (presuming that they are visa required under UK Law).

The obvious question is why is your friend worried about fingerprints being used? This suggests to me that he may have applied for asylum under a different name in the UK or has some form of criminal convictions in the UK. I don't know if htey take such biometric data in the UK for visa applications. They do not in Ireland, only for asylum applications.

fatty patty
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Post by fatty patty » Wed May 11, 2011 2:27 am

That is interesting, so UK is breaking EU directive plain and straight. I suppose most people go for visa before travel just to avoid hassle at the immigration in UK. BTW biometrics is required for UK visas regardless of their type, right about Ireland but dont they take biometrics/photo at the airport around here when the person arrives, i thought they did.

Muttsnuts
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Post by Muttsnuts » Wed May 11, 2011 2:47 am

fatty patty wrote:That is interesting, so UK is breaking EU directive plain and straight. I suppose most people go for visa before travel just to avoid hassle at the immigration in UK. BTW biometrics is required for UK visas regardless of their type, right about Ireland but dont they take biometrics/photo at the airport around here when the person arrives, i thought they did.
Nobody kicks up a fuss as there aren't many hoops for the applicant to jump through and the visa is free. Also they normally issue a six month multi entry visa. I presume that nobody has challenged it in the Courts in the Uk but they certainly should. It's an open and shut case of failure to comply with Directive 2004/38.

The EU Commission has been in contact with the relevant EU countries (those with the visa requirement for spouses holding EU residence cards) since 2005 but has not pushed the issue too hard so that it still goes on in certain States.

Greenie
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Post by Greenie » Wed May 11, 2011 8:13 am

You have assumed that the husband is coming to the UK for a visit with his wife but it may be that they are coming to the UK to settle Especially given that his wife is British.

Muttsnuts
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Post by Muttsnuts » Wed May 11, 2011 12:15 pm

Greenie wrote:You have assumed that the husband is coming to the UK for a visit with his wife but it may be that they are coming to the UK to settle Especially given that his wife is British.
Yes, the 6 month visa is where there has been an application for a visit visa. I don't know the UK procedures, I'd only be familiar with the Irish ones. However, it still stands that he is not visa required if travelling with or joining his spouse. He can enter the UK on this basis and I presume then that an application is to be made to the Home Office, but I'm not at all familiar with the process over there.

Directive/2004/38/EC
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Location: does not matter if you are with your EEA family member

Post by Directive/2004/38/EC » Fri May 13, 2011 6:50 pm

Even if the UK does not recognize Residence Cards issued by other EU member states, they are still required to allow in family members who do not have the required visas but who are traveling with their EU family member and have proof of the relationship with them. See http://eumovement.wordpress.com/2010/08 ... to-travel/ This is especially relevant for residents of Ireland who want to drive/walk/ride to Northern Ireland for shopping or a nice weekend out.

What would be interesting is for somebody to refuse to give fingerprints for the UK FP, and then appeal their rejection. See how far that can be taken... Best to do this when you are not in a rush to visit the UK.

knapps
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Post by knapps » Fri May 13, 2011 11:04 pm

what is wrong with fingerprints...go and give it to them...no need to worry about unless you are trying to fool immigration then you are equally at fault as them not following the directive.


i have got this so called family permit on three occasion each time for 6 months..it is pain to travel to dublin.

however, i applied on thursday in person and on tuesday i had passport delivered to me. very quick.

Dont ask why they do not follow the eu directive and why the EU is not pushing the matter further, infect eu is too busy in bailing out eurozone countries:-)))

factone
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Post by factone » Mon May 16, 2011 6:54 am

many thanks for replies . the reason queation was asked finger prints are required for uk visa from ireland the person who was going to apply for the visa had right hand injured and could not give finger prints during that time and application would not be processed without that.
and they have to wait till hand recovers nothing to do with any crime or previous immigration history .
but one thing is sure uk is denying eu directive as a lot of senior members said.
thanks for replies as it will be usefull for so many others to know what uk is doing with eu directives . just ignoring them. thanks

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