Non-EEA family member travel to Ireland

PAVA10 · Post by **PAVA10** » Mon May 27, 2013 9:40 pm

My Peruvian wife has lived with me in the UK for 5 years 9 months. She is classified as a 'spouse of an EEA citizen' on the basis of my irish nationality (I hold dual british / irish nationality).

The residence card in my wife's passport expires on 10th June. I understand that my wife will automatically have Permanent Residence from that time.

Question: whilst I understand that my wife can apply for naturalisation I appreciate that this may take some time (months). Prior to her applying for naturalisation could we both travel to the republic of Ireland without any issues (despite the fact that her residence card will have expired?)

Post by **Obie** » Mon May 27, 2013 9:56 pm

The question is whether or not you have been exercising treaty rights over this 5 years period. Your wife would be fine to enter Ireland because u have a community law right.

PAVA10 · Post by **PAVA10** » Mon May 27, 2013 10:03 pm

Both my wife and I have been working for the last 5 years - so yes I have been exercising treaty rights.

I'm just concerned as to whether or not these rules are generally understood by immigration officials at the border an EXPIRED residence card could suggest NON ELIGIBILITY to travel on my wife's part for those who don't understand the rules in detail).

We may also travel to France before she applies for naturalisation - are there typically issues travelling from UK to France for people in my wife's circumstance?

Post by **EUsmileWEallsmile** » Tue May 28, 2013 8:05 pm

PAVA10 wrote: We may also travel to France before she applies for naturalisation - are there typically issues travelling from UK to France for people in my wife's circumstance?

Travelling to France by air may give problems. If one makes it to a border, one could show entitlement by other means.

PAVA10 · Post by **PAVA10** » Tue May 28, 2013 8:41 pm

Thanks.

Do you suggest travel to Ireland should ideally be by any route other than by air? Also what do you imply by showing entitlement by other means?

Should my wife decide to apply for naturalisation asap does anybody know the current average time taken to deal with applications?

Regards

Post by **EUsmileWEallsmile** » Tue May 28, 2013 8:49 pm

Travelling to Ireland may be less of an issue due to common travel area and depending on how you chose to travel. In any case it is always less hassle to be fully documented.

One can avail of article 5.4 of directive 2004/38/EC - proof by other means.

http://eur-lex.europa.eu/LexUriServ/Lex ... 123:en:PDF

British citizenship timelines are available in that forum section.

PAVA10 · Post by **PAVA10** » Tue May 28, 2013 8:59 pm

Thanks. I presume that the terms "fully documented" and "proof by other means" would include (i) our marriage certificate and (ii) evidence that I have been exercising treaty rights in the UK for 5 years?

Post by **EUsmileWEallsmile** » Wed May 29, 2013 9:45 pm

PAVA10 wrote:Thanks. I presume that the terms "fully documented" and "proof by other means" would include (i) our marriage certificate and (ii) evidence that I have been exercising treaty rights in the UK for 5 years?

What I'd meant is to have passport, visas, etc where required.

What you propose would be proof by other means.

onlineamiga · Post by **onlineamiga** » Thu May 30, 2013 2:53 pm

I assume youre in the UK now. Well considering Ireland is part of the Common Travel Area, I very much doubt you'll have a problem, considering the lax of any border controls. This is especially true if you happen to go to Northern Ireland and drive down to the Republic.

France is a different situation as you'd be entering Schengen world.

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Non-EEA family member travel to Ireland

Non-EEA family member travel to Ireland