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If the non-EEA national is a "family member" then this overrides the Rules, but is the problem here that the non-EEA national is as yet unrecognised as a family member (being an OFM)?Common Travel Area
15. The United Kingdom, the Channel Islands, the Isle of Man and the Republic of Ireland collectively form a common travel area. A person who has been examined for the purpose of immigration control at the point at which he entered the area does not normally require leave to enter any other part of it. However certain persons subject to the Immigration (Control of Entry through the Republic of Ireland) Order 1972 (as amended) who enter the United Kingdom through the Republic of Ireland do require leave to enter. This includes:
(i) those who merely passed through the Republic of Ireland;
(ii) persons requiring visas;
(iii) persons who entered the Republic of Ireland unlawfully;
(iv) persons who are subject to directions given by the Secretary of State for their exclusion from the United Kingdom on the ground that their exclusion is conducive to the public good;
(v) persons who entered the Republic from the United Kingdom and Islands after entering there unlawfully or overstaying their leave.
where did you read this?Rolfus wrote:The holder of a Residence Card issued by another EEA state as a family member of an EEA National can now enter the Republic of Ireland.
http://www.immigrationboards.com/viewtopic.php?t=78980Punjab wrote:where did you read this?Rolfus wrote:The holder of a Residence Card issued by another EEA state as a family member of an EEA National can now enter the Republic of Ireland.
Read your link very carefully. Does it specifically refer to non-EU family members of an EU citizen? Or to a Residence Card?Punjab wrote:Thanks Mate but i found one confusing topic again
http://www.dfa.ie/uploads/documents/Con ... 20note.pdf
as far as i understood some country nationals will still need a visa...
no. why?Directive/2004/38/EC wrote:Read your link very carefully. Does it specifically refer to non-EU family members of an EU citizen? Or to a Residence Card?Punjab wrote:Thanks Mate but i found one confusing topic again
http://www.dfa.ie/uploads/documents/Con ... 20note.pdf
as far as i understood some country nationals will still need a visa...
And yet we know from elsewhere on this forum that spouses of EU citizens do not need any stamp in their passports to enter.Appendix 1 - Visa requirements for the United Kingdom
Immigration Rules
1. Subject to paragraph 2 below, the following persons need a visa for the United Kingdom:
(a) Nationals or citizens of the following countries or territorial entities:
Regulation 12 of the Immigration (European Economic Area) Regulations 2006 is purely a creation of UK law. A person who is unable to obtain an “EEA family permitâ€
I personally tend to think that an unblemished record is an indication of somebody who fits into the simple straight forward options. My wife was turned down for a visa because the in-country address we gave was the new apartment of my friends and they had not yet told the registration office of their move. Does she have an unblemished record? I guess not, though it has not had any impact on our lives...I think there are many opportunities for persons who have a valid claim, but are being frustrated by the UKBA administration, to enter the UK by this route legally, and then make a request for regularisation from within the UK. It is however perhaps a 'sudden death' option, because if the eventual claim is lost, one's immigration record would no longer be unblemished.
The examination has already been carried out by the state that issued the RC, and for a short visit (up to three months) there is no reason why the UK should need to repeat this.Kitty wrote:I can't see how a visa national can enter lawfully through the CTA when there is no IO to even conduct that examination.
That is the general process when you want to settle in any other member state, and in fact such applications are independent of how you entered the country. Even illegal entrants can successfully apply for a RC, if they meet the requirements.Kitty wrote:You would still need to await the "extensive examination" that would flow from a RC application once in the UK.
But the (not UK issued) Residence Card she holds is not noticed or referred to in current British law.Obie wrote:To conclude, i believe going to Ireland, and entering UK with you partner, is perfectly lawful under community law, by virtue of the residence card she holds.
Agreed in general, but if it was that 100% clearcut, then I'd guess the UK would have allowed travel with a non-UK issued Residence Card for most of the last 4 years...Obie wrote:Community Law takes precedence over national law, especially when a portion of national law fails to transpose a directive properly, who seek to deprive rights which an individual has. A UK court will be obliged to apply the provision of the Directive than the EEA regulations, if the UK fail to transpose a provision.