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Travelling up North??

Forum to discuss all things Blarney | Ireland immigration

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mauritania
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Travelling up North??

Post by mauritania » Fri Feb 15, 2013 1:14 am

My hubby has recently found a friend from his home country is living up North and he'd love to go up and visit him for a weekend.
Hubby has stamp 4 residency.
Does he need a visa to cross the border? Or can he just head up? Any ideas?

IQU
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Post by IQU » Fri Feb 15, 2013 1:56 am


jeupsy
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Post by jeupsy » Fri Feb 15, 2013 7:50 am

If he is citizen of a country whose nationals are visa required for the UK, yes he does need one. This is a bit stupid as with the common travel area there is no border control - but the way of the British government are not always easy to understand.

The good news is that they seem to be issuing 6 months multi entry visas fairly easily.

moro1
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Post by moro1 » Fri Feb 15, 2013 8:44 am

Technically he does but there is no border check and no hassle into travelling between the north and south I am sure most of visa required nationals living in Ireland visit Belfast withouth an issue

IntegratedMigrant
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Re: Travelling up North??

Post by IntegratedMigrant » Fri Feb 15, 2013 9:19 am

mauritania wrote:My hubby has recently found a friend from his home country is living up North and he'd love to go up and visit him for a weekend.
Hubby has stamp 4 residency.
Does he need a visa to cross the border? Or can he just head up? Any ideas?
He could visit North without a visa but that is at his own risk as he does require a visa to travel to the UK.

He needs to think dearly before making an decisions that may come to hunt him in future, because if caught traveling without visa, his citizenship application in future will be complex if he's ever gonna apply for it.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

jeupsy
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Re: Travelling up North??

Post by jeupsy » Fri Feb 15, 2013 9:43 am

IntegratedMigrant wrote:He needs to think dearly before making an decisions that may come to hunt him in future, because if caught traveling without visa, his citizenship application in future will be complex if he's ever gonna apply for it.
Exactly.

He can probably easily get a visa in a few weeks and with paying a small fee (and my understanding is that the first time they give 6 months but then you can get longer ones). Is it really worth taking the chance of going there illegally to go a few weeks earlier and save a few euros?

It is true there is no border control and he would be able to easily enter Northern Ireland without a visa. But nonetheless he would be there illegally. It is unlikely to happen but if he is unlucky and gets checked by the police there and they find out he doesn't have a visa, he will get kicked out and have a record of illegally entering the UK. This would be a pain every time he needs to apply for a visa in the future (for sure with UK visas, but possibly with other countries as well or immigration/citizenship paperworks as mentioned by IntegratedMigrant).

He can balance the two option and what makes the most sense to him - but personally unless there is an absolute emergency I would definitely play it safe and apply for a visa.

EUsmileWEallsmile
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Re: Travelling up North??

Post by EUsmileWEallsmile » Fri Feb 15, 2013 8:07 pm

mauritania wrote:My hubby has recently found a friend from his home country is living up North and he'd love to go up and visit him for a weekend.
Hubby has stamp 4 residency.
Does he need a visa to cross the border? Or can he just head up? Any ideas?
What nationality do you hold and will you be travelling together?

wiggsy
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Re: Travelling up North??

Post by wiggsy » Sat Feb 16, 2013 1:45 am

jeupsy wrote:
He can probably easily get a visa in a few weeks and with paying a small fee
all visas for EEA national family members should / must be free... :) - no fee payable therefore GET THE VISA.

if you are travelling with him, he still needs a visa. UK does not accept any family RC other than those issued by UKBA

Malika
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Re: Travelling up North??

Post by Malika » Sun Feb 24, 2013 12:05 pm

all visas for EEA national family members should / must be free... :) - no fee payable therefore GET THE VISA.
This would depend on whether the residency is issued under EU or Irish Immigration Law. that is, if the GNIB card is endorsed with either EU Fam or just Stamp 4. The Op has mentioned previously the difficulty in getting her spouse residency. I seem to remember the OP is an Irish National. When going to other embassies, I think visa fee is charged.
if you are travelling with him, he still needs a visa. UK does not accept any family RC other than those issued by UKBA
^ This...................just ask yourself(in reference to the OP), is he a Visa-Required National, if so, then apply for it.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

frei
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Re: Travelling up North??

Post by frei » Sun Feb 24, 2013 1:03 pm

Malika wrote:
all visas for EEA national family members should / must be free... :) - no fee payable therefore GET THE VISA.
This would depend on whether the residency is issued under EU or Irish Immigration Law. that is, if the GNIB card is endorsed with either EU Fam or just Stamp 4. The Op has mentioned previously the difficulty in getting her spouse residency. I seem to remember the OP is an Irish National. When going to other embassies, I think visa fee is charged.
if you are travelling with him, he still needs a visa. UK does not accept any family RC other than those issued by UKBA
^ This...................just ask yourself(in reference to the OP), is he a Visa-Required National, if so, then apply for it.

Regards,
That is not quite correct, it does not matter if their spouse have residency or not, visa at all times must be issued free of charge to anyone married to an EU citizen regardless of their location too.

If op is Irish and spouse is a visa national, spouse can indeed enter the UK legally without visa if accompanied by the Irish spouse.

Malika
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Re: Travelling up North??

Post by Malika » Sun Feb 24, 2013 1:23 pm

That is not quite correct, it does not matter if their spouse have residency or not, visa at all times must be issued free of charge to anyone married to an EU citizen regardless of their location too.

If op is Irish and spouse is a visa national, spouse can indeed enter the UK legally without visa if accompanied by the Irish spouse.
Residency under Irish Law

Vs

Residency under EU law (with all the extras that come with it!)

Perhaps the OP can clarify the type of GNIB card. Waiting for this clarification before I can comment.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

frei
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Post by frei » Sun Feb 24, 2013 1:48 pm

It does not matter under what rules OP's spouse has obtained residency, even if OP's spouse is yet to be issued residency in the state, so long he is married to an Irish citizen their visa has to be issued free of charge.

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 3:48 pm

Can I remind you all that a Spouse of an Irish National who presumably has Stamp 4 can only be issued a free visa IF S/he can prove that they are traveling with their Irish Spouse.

A spouse of an Irish national can only obtain free visa if they can prove that they are traveling with their Irish spouse and that is showing flight tickets of an Irish national.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 3:51 pm

frei wrote:It does not matter under what rules OP's spouse has obtained residency, even if OP's spouse is yet to be issued residency in the state, so long he is married to an Irish citizen their visa has to be issued free of charge.
This information is not correct. Marriage to an Irish national does not give you automatic right to free visa. You must prove that you're Irish partner is traveling with you and thats only when a free visa will be issued.

If you cannot prove that you' re traveling with you Irish Spouse then you must pay visa fee like anyone else.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

frei
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Post by frei » Sun Feb 24, 2013 4:01 pm

Not worth getting into. You have said nothing differently.

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 4:05 pm

frei wrote:Not worth getting into. You have said nothing differently.
The initial post by mauritania
mauritania wrote:My hubby has recently found a friend from his home country is living up North and he'd love to go up and visit him for a weekend.
Hubby has stamp 4 residency.
Does he need a visa to cross the border? Or can he just head up? Any ideas?
In this case, his husband must pay the visa fee as he is not traveling with his wife who is an Irish Citizen.

I also corrected your statement that "so long he is married to an Irish citizen their visa has to be issued free of charge." as it is not a correct information.

Hope that helps
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frei
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Post by frei » Sun Feb 24, 2013 4:12 pm

You are getting confused simply because you do not know about these rules. Documentations, visas, et al issued on the basis of freedom of movement rules , Directive 2004/38/EC will be effective/ valid only if the holder travel with the EU citizen.

Laying emphasis on it is rather pointless as the holder of such documents will already know. I am not surprised at you trying to boost your little ego.

Like I said you have said nothing differently, if only you read all of the comments you will understand.

Passing comment just for the sake of it again.

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 4:25 pm

frei wrote:You are getting confused simply because you do not know about these rules. Documentations, visas, et al issued on the basis of freedom of movement rules , Directive 2004/38/EC will be effective/ valid only if the holder travel with the EU citizen.

Laying emphasis on it is rather pointless as the holder of such documents will already know. I am not surprised at you trying to boost your little ego.

Like I said you have said nothing differently, if only you read all of the comments you will understand.

Passing comment just for the sake of it again.
I dont know what you're trying to say and what you are referring to as it does not make sense whatsoever.
frei wrote:It does not matter under what rules OP's spouse has obtained residency, even if OP's spouse is yet to be issued residency in the state, so long he is married to an Irish citizen their visa has to be issued free of charge.
This is 100% a wrong information and I have pointed out the reason why.

Please stop given out wrong information especially if you cant even accept your mistakes.
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Post by frei » Sun Feb 24, 2013 4:32 pm

IntegratedMigrant wrote:
I dont know what you're trying to say and what you are referring to as it does not make sense whatsoever. [/quote]

This is 100% a wrong information and I have pointed out the reason why.
Please stop given out wrong information especially if you cant even accept your mistakes.

I know you do not what I am trying to say, a quick google look up will help you, just as well passing comment for the sake of it, you'd be shocked at the low standard.

Am not wasting my own time lecturing you. www.google.ie and then look up Directive 2004/38/EC

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 5:07 pm

frei wrote:I know you do not what I am trying to say, a quick google look up will help you, just as well passing comment for the sake of it, you'd be shocked at the low standard.

Am not wasting my own time lecturing you. www.google.ie and then look up Directive 2004/38/EC
When I said that I dont know what you are trying to say, I never meant your post as it is simply wrong!. I meant you referring to my ego and all which has nothing to do with the post. I have told you time and time again to attack the post not the poster.
Stop acting like a child!

@Frei
frei wrote:It does not matter under what rules OP's spouse has obtained residency, even if OP's spouse is yet to be issued residency in the state, so long he is married to an Irish citizen their visa has to be issued free of charge.
This is 100% wrong as long as you're married to an Irish citizen and as far as im concerned. I don't need Google to tell me that.

Best of luck with you "high" standard information.

Users beware! This user is clueless!
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

acme4242
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Post by acme4242 » Sun Feb 24, 2013 5:22 pm

Here is one answer to a Freedom of Information request to UK Border Agency

https://www.whatdotheyknow.com/request/ ... mber_entry
https://acme.posterous.com/129065688
[url=http://www.whatdotheyknow.com/request/79871/response/199571/attach/3/Carthy%20EEA%20national%20Family%20member.pdf]Freedom of Information reply[/url] wrote: Travelling from Ireland would make matters slightly more complicated in that there is no routine immigration control between there and the UK, due to what is called the common travel area (CTA). The CTA operates on the principle that once a person has been granted leave to enter in one part of it, they will not normally require leave to enter another part of it whilst that leave is still valid and provided that they do not leave it. Consequently, so long as you are subject to one of the exceptions to this general principle (excluded, previously deported etc.), you would not need to anything further in order to travel here from there for a visit.

Anita Sikka

UK Immigration Officer
Last edited by acme4242 on Sun Feb 24, 2013 5:30 pm, edited 1 time in total.

frei
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Post by frei » Sun Feb 24, 2013 5:29 pm

acme4242 wrote:Here is one answer to a Freedom of Information request to UK Border Agency

https://www.whatdotheyknow.com/request/ ... mber_entry
https://acme.posterous.com/129065688
Travelling from Ireland would make matters slightly more complicated in that there is no routine immigration control between there and the UK, due to what is called the common travel area (CTA). The CTA operates on the principle that once a person has been granted leave to enter in one part of it, they will not normally require leave to enter another part of it whilst that leave is still valid and provided that they do not leave it. Consequently, so long as you are subject to one of the exceptions to this general principle (excluded, previously deported etc.), you would not need to anything further in order to travel here from there for a visit.

Anita Sikka

UK Immigration Officer
Bingo!!

Malika
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Post by Malika » Sun Feb 24, 2013 5:31 pm

I know you do not what I am trying to say, a quick google look up will help you, just as well passing comment for the sake of it, you'd be shocked at the low standard.

Am not wasting my own time lecturing you. www.google.ie and then look up Directive 2004/38/EC
Does this not apply to someone who is resident in another EU country i.e exercising Treaty Rights? As far as I can deduce, the OP is an Irish citizen resident Ireland with a non EEA national.

The Directive applies to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (Article 3 of Directive 2004/38/EC)

http://www.inis.gov.ie/en/INIS/Pages/EU ... aty_Rights?


For those who have been on this forum for long, you might remember a poster named Monifé who had both Irish and British passports, tried to get her partner residency through exercising treaty rights as British National but was refused, She eventually got residency under Irish Law.

Anyway, my point is, things are not straight forward when dealing with immigration officials, better to be on the safe side than sorry.

Regards,
'If you compare yourself to others,you may become vain and bitter; for always there will be greater and lesser persons than yourself'............DESIDERATA

IntegratedMigrant
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Post by IntegratedMigrant » Sun Feb 24, 2013 5:41 pm

frei wrote:I know you do not what I am trying to say, a quick google look up will help you, just as well passing comment for the sake of it, you'd be shocked at the low standard.

Am not wasting my own time lecturing you. www.google.ie and then look up Directive 2004/38/EC
Malika wrote:Does this not apply to someone who is resident in another EU country i.e exercising Treaty Rights? As far as I can deduce, the OP is an Irish citizen resident Ireland with a non EEA national.

The Directive applies to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (Article 3 of Directive 2004/38/EC)

http://www.inis.gov.ie/en/INIS/Pages/EU ... aty_Rights?


For those who have been on this forum for long, you might remember a poster named Monifé who had both Irish and British passports, tried to get her partner residency through exercising treaty rights as British National but was refused, She eventually got residency under Irish Law.

Anyway, my point is, things are not straight forward when dealing with immigration officials, better to be on the safe side than sorry.

Regards,
Did you get that @Frei? Did you? I tried correcting you and you started acting like a child that you are!.

I state facts not Google! And im matured enough to correct someone appropriately and not act like a child like you always do!.

Learn to talk and get your posts right!. Maybe you need to "Google" more in your case before given out information!
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

frei
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Post by frei » Sun Feb 24, 2013 5:41 pm

Malika, the OP is clearly an Irish citizen. so IF op travels to NI with the spouse they will be legally entering NI.

monife has dual citizenship, Irish/British hence the reason for the refusal. It was indeed a valid rejection. That is a different arrest by the CJEU which is not relevant to this thread

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