Residential stay in Ireland

[beckhamwest]

I am British citizen currently in United Kingdom with my wife and we are making plans for residential stay in Ireland.

Basically she is from a "visa nation" and she doesn't hold a residence card issued for family members by an EU country. However we want
to travel together although she doesn't have the required visa. But we understand that non-EU family members
of EU citizens can travel together with their Eu citizen within the Eu countries even if they do not have the required visa. if we can produce my passport,her passport and our marriage certificate.

Upon our arrival I will be exercising my EU treaty right as a student or get an employment to enable her apply for a residence card.

Please these are the things we want to clarify before embarking on this journey:

Firstly, will entering Ireland without the required visa be considered illegal entry and ruin her chance of applying for a residence card?

Secondly, she had a criminal conviction for the use of forge document to gain a full time employment when her document only
allowed her to work part-time, and this ruined her immigration chance here in United Kingdom even as a spouse of a British citizen. Will
this criminal conviction also affect her in Ireland since they (Ireland and United Kingdom) share the same common travel area?

I appreciate your response

[dublin3]

I am British citizen currently in United Kingdom with my wife and we are making plans for residential stay in Ireland.

Basically she is from a "visa nation" and she doesn't hold a residence card issued for family members by an EU country. However we want
to travel together although she doesn't have the required visa. But we understand that non-EU family members
of EU citizens can travel together with their Eu citizen within the Eu countries even if they do not have the required visa. if we can produce my passport,her passport and our marriage certificate.

Upon our arrival I will be exercising my EU treaty right as a student or get an employment to enable her apply for a residence card.

Please these are the things we want to clarify before embarking on this journey:

Firstly, will entering Ireland without the required visa be considered illegal entry and ruin her chance of applying for a residence card?

Secondly, she had a criminal conviction for the use of forge document to gain a full time employment when her document only
allowed her to work part-time, and this ruined her immigration chance here in United Kingdom even as a spouse of a British citizen. Will
this criminal conviction also affect her in Ireland since they (Ireland and United Kingdom) share the same common travel area?

I appreciate your response

If you are married you can apply for an Irish visa in Irish embassy London and once you get the visa you can come to Ireland and apply for a residence card here.
2nd option is you can enter Ireland via Belfast and once you are in Ireland you can exercise your EU Treaty rights and apply for a residence card for your wife.
How long she was sentenced for ?

[beckhamwest]

Thanks for your honest reply! Basically she can't apply for a visa at the Irish Embassy at the moment because she has no status presently, and she was sentence for 9 months.

[Babz]

I am British citizen currently in United Kingdom with my wife and we are making plans for residential stay in Ireland.

Basically she is from a "visa nation" and she doesn't hold a residence card issued for family members by an EU country. However we want
to travel together although she doesn't have the required visa. But we understand that non-EU family members
of EU citizens can travel together with their Eu citizen within the Eu countries even if they do not have the required visa. if we can produce my passport,her passport and our marriage certificate.

Upon our arrival I will be exercising my EU treaty right as a student or get an employment to enable her apply for a residence card.

Please these are the things we want to clarify before embarking on this journey:

Firstly, will entering Ireland without the required visa be considered illegal entry and ruin her chance of applying for a residence card?

Secondly, she had a criminal conviction for the use of forge document to gain a full time employment when her document only
allowed her to work part-time, and this ruined her immigration chance here in United Kingdom even as a spouse of a British citizen. Will
this criminal conviction also affect her in Ireland since they (Ireland and United Kingdom) share the same common travel area?

I appreciate your response

Your wife can apply for DLR in the UK if you guys have kid(s). And in case your spouse was able to make it to Ireland,there's no point disclosing to them about her convictions in the UK.

[Babz]

I am British citizen currently in United Kingdom with my wife and we are making plans for residential stay in Ireland.

Basically she is from a "visa nation" and she doesn't hold a residence card issued for family members by an EU country. However we want
to travel together although she doesn't have the required visa. But we understand that non-EU family members
of EU citizens can travel together with their Eu citizen within the Eu countries even if they do not have the required visa. if we can produce my passport,her passport and our marriage certificate.

Upon our arrival I will be exercising my EU treaty right as a student or get an employment to enable her apply for a residence card.

Please these are the things we want to clarify before embarking on this journey:

Firstly, will entering Ireland without the required visa be considered illegal entry and ruin her chance of applying for a residence card?

Secondly, she had a criminal conviction for the use of forge document to gain a full time employment when her document only
allowed her to work part-time, and this ruined her immigration chance here in United Kingdom even as a spouse of a British citizen. Will
this criminal conviction also affect her in Ireland since they (Ireland and United Kingdom) share the same common travel area?

I appreciate your response

If you are married you can apply for an Irish visa in Irish embassy London and once you get the visa you can come to Ireland and apply for a residence card here.
2nd option is you can enter Ireland via Belfast and once you are in Ireland you can exercise your EU Treaty rights and apply for a residence card for your wife.
How long she was sentenced for ?

Yes,you are right she can apply for RC in Ireland if she can find her way to Ireland.But,I'll advice you think twice about going through Belfast.I've once been stopped by UKBA at Belfast airport.Again,I've also been stopped by Irish immigration while on a bus from Belfast to Dublin.I was taken to Dundalk. So,I'm talking from experience because i know the risks involved.

[dublin3]

Thanks for your honest reply! Basically she can't apply for a visa at the Irish Embassy at the moment because she has no status presently, and she was sentence for 9 months.

If you are applying for EEA family permit for UK then under EU rules you don't have to have the immigration status in any country or you don't have to go back to your country to apply for EEA family permit. I am sure this apply to Ireland also but I hope any other member with more knowledge will explain you.

[jeupsy]

I don't think Ireland will ask for a proof of legal status as part of the residence card application.

But I would agree with Babz that there is a risk in terms of entering Ireland. If for some reason they get checked by a border control officer in the UK at departure, I am not sure what they would do since she is not legal, and leaving the country but to Ireland which is in the same travel area and from where coming back to the UK would be easy.

And as far as I remember when you fly into Dublin from the UK, you still have to go through immigration in Dublin (and if you get a bus or train from NI you might get checked). I am not sure what kind of information the UK and Ireland are sharing, but I wouldn't be surprised if the UK was feeding Ireland with immigration related information in order to protect itself from illegal entries to the UK through Ireland. I think in theory if you are carrying the marriage certificate and both passports, the Irish immigration officer should let you through even though he gets a UK warning on the computer (unless it is deemed to be a security threat in which case he is allowed to turn you back). But if for some reason he doesn't ... Then the situation will be tricky as going back to the UK might be difficult.

[beckhamwest]

Thanks guys for your concern,I really appreciate. Please what are the procedures we will follow when get to Ireland- start up procedures?

[adlexy]

I am British citizen currently in United Kingdom with my wife and we are making plans for residential stay in Ireland.

Basically she is from a "visa nation" and she doesn't hold a residence card issued for family members by an EU country. However we want
to travel together although she doesn't have the required visa. But we understand that non-EU family members
of EU citizens can travel together with their Eu citizen within the Eu countries even if they do not have the required visa. if we can produce my passport,her passport and our marriage certificate.

Upon our arrival I will be exercising my EU treaty right as a student or get an employment to enable her apply for a residence card.

Please these are the things we want to clarify before embarking on this journey:

Firstly, will entering Ireland without the required visa be considered illegal entry and ruin her chance of applying for a residence card?

Secondly, she had a criminal conviction for the use of forge document to gain a full time employment when her document only
allowed her to work part-time, and this ruined her immigration chance here in United Kingdom even as a spouse of a British citizen. Will
this criminal conviction also affect her in Ireland since they (Ireland and United Kingdom) share the same common travel area?

I appreciate your response

Beckhamwest,

1. It does not matter how you and your spouse get into Ireland. According to the EU Directive 2004/38/EC, the Irish authority have an obligation to issue your spouse with a RC at the minimum for the first 3months. In the 3 months, you can then choose to start exercising your EUTR by being a student, working or showing proof that you are of independent means

2. According to the EU Directive 2004/38/EC, it does not matter how you present yourself or manage to get into Ireland. The ONLY proof required is that she is a family member of an EU citizen and this will require your genuine marriage certificate (English translation) if in another language.

3. Belfast or Dublin airport under "normal" condition should not matter if you have the time to slug it out with whoever stops you or delay you unnecessarily. However, your "special" circumstances will mean that you be careful with how far you want to stretch them and reduce contact before you submit an application.

4. You are probably better off travelling through Belfast as what she needs to get to Belfast city airport is a driver's licence and or other photo ID. Since you are still within the UK there is less pressure to prove a lot. Especially since both of you will be travelling together there should be minimal pressure.

5. If you are concerned about being stopped on the Bus or Train, why not rent a car in Belfast and drive to Dublin? It is very unlikely that the UKBA or Garda will be looking to stop every car on the M1. And even if they do, you have not committed any offense yet; you are only travelling with a family member of an EU citizen according to EU Directive 2004/38/EC

According to the EU Directive 2004/38/EC, none of the above option is illegal best as I know - I am not an immigration lawyer.

Do you by any chance have any children?

All the best

[beckhamwest]

Thanks a lot for your prompt response.I am confused with the issue
of not disclosing to them(Ireland) about her convictions in the Uk.
since they (Ireland and United Kingdom) share the same common travel area, most likely they
share some basic information as well and if they get to find out! Please what will happen guys?

[lordron]

that sounds confusing indeed, did not know about this.