Non Eu National travel to MALTA on EUFAM visa from Ireland

chursy · Post by **chursy** » Sat Oct 22, 2011 4:48 pm

Hi

I am a Non Eu National spouse of a british national issued with a irish resident card valid for 5 years on my passport ( Pakistani)

We moved to UK in May on a family permit valud for 6 months ( expires on 6 Nov). Me and my husband a planning a move to Malta now as he has an employment offer from a company there.

TWO Questions

1) Can i travel with him without a visa based on the fact that i have a irish resident card?

2) is it going to be an issue that i am boarding the flight from UK based and dont have a resident card issued in UK yet?

The MALTA Foreign office website insists that the permit must be issued from a schengan estate for the visa free movement

Residence Permits

On the basis of the Schengen Convention, now integrated in the EU framework, a valid residence permit from a Schengen State, together with a travel document, can substitute for a visa. Thus a third-country national presenting his/her passport and a valid residence permit issued by a Schengen Member State can be allowed to enter another Schengen Member State for a short-stay without needing a visa. This equivalence does not apply to residence permits issued by the United Kingdom and Ireland, since they do not apply the Schengen acquis.

Any help appreciated!

chursy · Post by **chursy** » Sat Oct 22, 2011 5:11 pm

I am just a little confused now!!! the following is from the foreign ministry website!

DOCUMENTS REQUIRED FOR NON EU FAMILY MEMBERS

If the family members of the EU national, are third-country nationals, the EU Member State(s) to or through which travel is intended may require an entry visa, depending on their nationality. This visa should be granted free of charge. These freedoms apply to non-EU national family members only when they accompany the EU national.

When travelling alone, family members who are not EU nationals are not entitled to the visa arrangements mentioned above. Non-EU nationals who wish to travel alone within the EU have to comply with the normal visa requirements for their nationality.

This is from the ministry of foreign affairs website.
http://www.foreign.gov.mt/default.aspx?MDIS=538

Post by **EUsmileWEallsmile** » Sat Oct 22, 2011 8:49 pm

If you Irish issued residence card is still valid, you may enter Schengen with that. If not, then you will need a visa.

If you are traveling with your spouse and can demonstrate it, if necessary you could get a visa at the border (if you have proof). Your Irish issued residence card will get you on the plane.

chursy · Post by **chursy** » Sat Oct 22, 2011 9:51 pm

EUsmileWEallsmile wrote:If you Irish issued residence card is still valid, you may enter Schengen with that. If not, then you will need a visa.

If you are traveling with your spouse and can demonstrate it, if necessary you could get a visa at the border (if you have proof). Your Irish issued residence card will get you on the plane.

The resident card is still valid based on the facts of the other posts i think there isnt an issue. However i have another problem now.

I am based in UK on a family permit which is due to expire on the 6th November. I do understand that i am not required to apply for a UK resident card however will this be an issue say for example if i decide to move in December from UK to Malta on the EUFAM visa?

Post by **EUsmileWEallsmile** » Sat Oct 22, 2011 11:03 pm

For the UK applying for RC is not mandatory.

chursy · Post by **chursy** » Sat Oct 22, 2011 11:39 pm

EUsmileWEallsmile wrote:For the UK applying for RC is not mandatory.

ok does that mean that there wont be an issue then if i travel in December, since RC is not mandatory and i have a valid Irish EU4FAM.

I just hope the maltese immigration guys dont bother me too much at the immigration!

Post by **Directive/2004/38/EC** » Mon Oct 24, 2011 3:19 pm

You should keep in mind that worst case you can enter Malta and any other EU member state on the basis of the MRAX decision. I have written up details here: http://eumovement.wordpress.com/2010/08 ... to-travel/

chursy · Post by **chursy** » Tue Oct 25, 2011 12:20 am

Thanks Man! you are a legend!!!

just to let everyone know, i sent an email to the embassy of Malta and gota a response from them confirming that i can travel.

Email address :- Embassy of Malta at MFA Dublin <maltaembassy.dublin@gov.mt>

Post by **EUsmileWEallsmile** » Tue Oct 25, 2011 8:00 pm

Print it and bring it with you.

Post by **ca.funke** » Tue Oct 25, 2011 8:21 pm

This is the answer I received from the Maltese Embassy in Dublin in January 2008:

ca.funke wrote:(...)
Malta: This was confirmed in (real mail) writing.(.pdf here)
(...)

I believe that the provisions for visiting Malta remained unchanged since Jan 2008.

Enjoy, itÂ´s a really nice place

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Non Eu National travel to MALTA on EUFAM visa from Ireland

Non Eu National travel to MALTA on EUFAM visa from Ireland

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