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Somebody help!!

Forum to discuss all things Blarney | Ireland immigration

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Cheema123
Newly Registered
Posts: 11
Joined: Sun Oct 06, 2013 6:37 pm

Somebody help!!

Post by Cheema123 » Mon Oct 07, 2013 11:35 pm

Hii guys i need ur opinion about a matter
This is about my friend he is non eu national living in portugal with his portuguese national girl friend they had a baby this june.who is eu national
. on the basis of his baby he applied for residence card which he got from immigration with validity of one year but it doesnt say he is family member of eu national and it just says residence card with some article number regarding basis of his application
His question is

Can he travel to ireland on the basis of residence card with his gf and baby and baby birth certificate with id as his card isnt of eu national member?his gf wants to exercise her treaty rights .will he have a problem at airport?
As he is not married or registred in partnership
thanks in anticipation

Love211
Junior Member
Posts: 69
Joined: Tue Feb 12, 2013 12:28 pm

Re: Somebody help!!

Post by Love211 » Tue Oct 08, 2013 1:43 am

if he not married and have no irish baby he cant get easy any card from irish immigration. about to come in ireland he must need a visa for non eu and even he have eufm card from there he still need visa to come over.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Oct 08, 2013 9:51 am

--

Cheema123
Newly Registered
Posts: 11
Joined: Sun Oct 06, 2013 6:37 pm

Re: Somebody help!!

Post by Cheema123 » Tue Oct 08, 2013 11:07 am

Love211 wrote:if he not married and have no irish baby he cant get easy any card from irish immigration. about to come in ireland he must need a visa for non eu and even he have eufm card from there he still need visa to come over.
I am not understanding what are u trying to say as i had eu family member card from portugal and i had no problem coming here with my wife in ireland.

jeupsy
Senior Member
Posts: 622
Joined: Wed Nov 23, 2011 11:12 am

Post by jeupsy » Tue Oct 08, 2013 12:12 pm

There are 2 issues:
- the card has to be a residence card issued under directive 2004/38 to grand visa free access (Portugal would probably not issue this to family members of a Portuguese citizen unless in specific circumstances and should be valid for 5 years, so I don't this it is what your friend has)
- you can also enter visa free if you are traveling with your EU spouse. This worked for you because you are married but won't for your friend

One thing I am not sure of is whether the fact of travel with his EU citizen child can grant visa free entry or not under directive 2004/38.

In any case it should be easy enough for him to get a visa and residence card for Ireland based in the directive since he has a child with his EU partner. If they can prove more than 2 yeasts of relationship he is pretty much guaranteed to get one.

dub007
Member
Posts: 109
Joined: Sun Sep 02, 2012 2:09 pm
Location: DUBLIN

Re: Somebody help!!

Post by dub007 » Tue Oct 08, 2013 12:16 pm

In order to travel to any EU country he can travel if he is MARRIED to Eu National and traveling with his partner and at the airport Immigration officer can ask for the proof of Marriage/Partnership.
Cheema123 wrote:
Love211 wrote:if he not married and have no irish baby he cant get easy any card from irish immigration. about to come in ireland he must need a visa for non eu and even he have eufm card from there he still need visa to come over.
I am not understanding what are u trying to say as i had eu family member card from portugal and i had no problem coming here with my wife in ireland.

Cheema123
Newly Registered
Posts: 11
Joined: Sun Oct 06, 2013 6:37 pm

@dub007

Post by Cheema123 » Tue Oct 08, 2013 1:10 pm

@dub007
He is not married but he says he can provide a certificate from council in portugal that they are living togather in that address for more than two years
Will this help?

Cheema123
Newly Registered
Posts: 11
Joined: Sun Oct 06, 2013 6:37 pm

Rc

Post by Cheema123 » Tue Oct 08, 2013 1:15 pm

@jeupsy
U are right about the fact that portugal shouldnt be giving residence card saying family member of eu national but thats not the case my wife is portuguese and we registered marriage there and when i applied for rc i was given th application form for family member of eu national and eventually i got family member of eu rc validity of 5 years
On airport they didnt even ask me my marriage certificate which they ask in most cases and u would be surprised to know io didnt even open my residence card and just ask are u on vacations here i said no we want to establish our lives and he let us go it took less than 60 sec all togather

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