Brazilian wife entering Ireland to live with Italian husband

[alberto_msr]

Hello,

I am Italian and my wife is Brazilian, we are both currently living in Brazil. We want to move to Ireland and I want to know if she can arrive in Dublin airport without any visa on the passport. We will travel together.

According to what I understood by searching on the internet, she would not need a visa because she's Brazilian and Brazil is in the list of countries that do not visas to travel to Ireland. When we get to Ireland, then we would apply for her residence card.

But even still I'm afraid she can be refused entry at the airport.

Ireland is sounding too easy to be true We were also considering moving to the UK before considering Ireland, and to travel to the UK Brazilians also don't need a visa, however since the purpose of the trip was to live together with me then she would need an EEA Family Permit before boarding the airplane. The UK makes this distinction for tourist and EEA family members: there's a list of countries that can enter the UK with no visa, but if the non-EEA national (whose country is in this list that doesn't need visa) is coming to the UK to live with the EU national, they do need an EEA Family Permit, regardless if the country is on the list that don't need visas.

Is it really that easy and simple for her to enter Ireland at the airport, even the purpose of the trip is to live together with me? No hassle and no bureaucracy (and no visa)? So then Ireland is easier than the UK?

She has never lived outside Brazil and she doesn't have a residence card or visa from any EU country.

Thanks for the help!

[Ben]

Hi Alberto,

There is no difference between Ireland and the UK, in this regard.

Should you and your wife present yourselves at either border, admittance should be granted in accordance with EC law (save for some rare exceptions).

Your real problem, or should I say your wife's real problem, is boarding the plane in Brazil on a one-way ticket without a visa. Unless you are lucky enough to meet airport staff at the departing Brazilian airport who is coherent in EC law, it is unlikely that your wife will be allowed to board the plane.

My advice - decide on Ireland or the UK, then have your wife apply for an EUTR visa or EEA Family Permit, respectively.

[alberto_msr]

Thanks for the reply. For the boarding problem, I am sure it will happen, so I'm planning going a few days in advance of the trip and speak to the airline supervisors at the check in desk, showing the EU directives and screen prints from Ireland's immigration website to make the airline staff aware and avoid any problems on the day of the trip.

One thing that I don't get is that if there's no difference between Ireland and the UK in that case, why does the UKBA website explictly requires the EEA Family Permit? It's very confusing... Any chance of her being sent back to Brazil because she didn't have the EEA family permit? Even if the officer is wrong according to the EU law, I wonder if I could keep arguing with the immigration officers at the airport and they would let us in.

Thanks

[Ben]

Because visa or no visa, entry can't be refused of you can prove your nationality and relationship at the port of entry. But both the UK and Ireland (and other states) would prefer a pre-issued visa.

If you can convince Brazil airport staff that your wife won't be sent back at the border, happy days. You'd be a fairly unique person if you can though.

[andyjohnst]

Just apply for the visit visa at the nearest Irish embassy. They will issue the visit visa free of charge and in an accelerated manor. We got ours in 5 days (including postage to and from the embassy). You only need yours and your wife's passport and your marriage certificate. If not in English this must be translated.

Then when you arrive you have to exercise one of the treaty rights. Then your wife can apply for the Residence Card.

I have another post on here you may be interested in http://www.immigrationboards.com/viewtopic.php?t=91141

This details my experience. I am a UK citizen and my wife is from Azerbaijan. I give you sample letters to use which do get positive results.


Good luck and let me know if you need any help and i'll see what I can do.

[Ben]

To be clear, the Irish visa to be applied for is an EUTR visa. Making this clear in the application lessens the chances of unnecessary documents being requested.

[andyjohnst]

When you go on the INIS website to start the visa application there is a selection of visa's to choose from, make sure you select the "Visit with EU citizen by family member"

From the INIS website

Visit with EU citizen by family member - visa application documents required

Please be advised that non-nationals who are family members of a European Union citizen and holders of a document called "Residence card of a family member of a Union citizen" as referred to in Articles 5 (2) and 10 (1) of Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004, are not subject to an Irish visa requirement.



Please be advised that the Visa Office's of the Irish Naturalisation and Immigration Service are not in a position to provide guidance or advice as to whether a particular card held is sufficient to exempt the person concerned from the visa requirement. It is however open to the persons concerned to contact the appropriate issuing authority of the member state concerned for advice/guidance as to whether the document/card comes within the definition of the Directive, as implemented by that particular Member State.



In circumstances where an individual is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to such an individual to apply for a visa. Such an application from a family member of an EU Citizen will continue to be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the individual themselves.



If non EEA family members wish to ACCOMPANY an EU Citizen on a VISIT to Ireland, and require a visa, the following documents must be submitted:

•Fully complete the online application form, and submit your signed summary application form, photographs and fee.

•Passport

•Marriage Certificate (where applicable) - evidence (apostilled document) that marriage has been registered in applicant's country of origin/residence

•Documentary evidence that will attest to the existence and durability of the relationship (where applicable) – e.g. Registration Certificate of partnership (if applicable) or evidence of common ownership of property, joint tenancy of property, on going correspondence addressed to both partners at the same address, financial dependence/interdependence, joint bank accounts or any other relevant documentation. N.B. Not Required 'andyjohnst

•Evidence that the applicant is accompanying the EU Citizen to Ireland or evidence that the EU Citizen is already residing in Ireland

•Birth Certificate (long form) for children under 21 years, parental consent, national identity card (signed if required). Where a child under the age of 18 is travelling alone, the consent of both parents/guardians is required. If the child is travelling with one parent, the consent of the other parent is required. This signed parental consent must be accompanied by a copy of the consenting parent's passport or national identity card showing the bearer's signature. Where only one parent has total custody, a Court Order bestowing sole custody of this child must be shown.

The bearer of the visa must present to an Immigration Official at an approved port of entry. Please note that a visa only grants the bearer permission to present at an approved port of entry into the State. The decision to allow entry to the State is at the discretion of the Immigration Officer and moreover the visa itself does not imply any entitlements whatsoever as to residency in the State.

[alberto_msr]

Thanks mate! I have seen the example letters in your other posts and they are really going to be helpful! Thanks!