EU Directive 2004/38/C Visa from Pakistan-Confusion C or D?

[adam caan]

Hi All

Please clarify - If a Pakistani Wife wishes to ACCOMPANY her British Citizen Husband to Ireland so that he can exercise his EU Treaty Rights by living and working in the State, which visa should she apply for - "C" or "D"?

My logic gravitates to a "D" visa as the INTENTION is to live there long term. I am being told to apply for a "C" from some quarters and a "D" from others.

Most experienced Forum Members on other Facebook sites regarding advice on EU Directive have stated it should be "D". A few people have called the Irish Embassies/Consulates in various Countries and been told to apply for a "C" visa.

I have emailed SOLVIT to clarify this issue and below is their response -
"The long stay visa is not issued under EU legislation. Article 5.2 of Directive 2004/38/EC refers to a short term visa that is issued for a period of up to three months, and the reason it can be issued on an accelerated basis is because, for only a short term period, evidence of how the citizen will support themselves is not needed. If you are making an application for a long stay visa, this will need to include evidence of how you will support yourself once in Ireland, is likely to require more documentation which will take time to assess."

The above comments from SOLVIT make sense and points to a "C" without mentioning it outright. However, in practice on the ground level, people are applying for a "D" and get a "C" and some people apply for a "C" only.

I am confused?

Can people who have applied and got their visa please reply to confirm which one they applied for and which they got if different so that I can get an idea of what the majority of people are getting after applying. Thanks.

Regards

Adam Caan

[Davmck70]

I do not know much about this and would thus advice you read this thread before you read my comments

http://www.immigrationboards.com/viewtopic.php?t=114867

I can relate it to other topics. Normally a non-EEA national married to EEA national can apply for a FP from anywhere in the world to join or accompany EEA national to any EU country. They get 6 months during which period they would have been partially resident at least registered for work, have a bank account, proof of address etc and can thereafter apply for a Residence card if needed/necessary so long the EEA national is exercising treaty rights via 1. Employment 2. Self- Employment 3. Self sufficiency 4. Student

[saalman]

Hi All

Please clarify - If a Pakistani Wife wishes to ACCOMPANY her British Citizen Husband to Ireland so that he can exercise his EU Treaty Rights by living and working in the State, which visa should she apply for - "C" or "D"?

My logic gravitates to a "D" visa as the INTENTION is to live there long term. I am being told to apply for a "C" from some quarters and a "D" from others.

Most experienced Forum Members on other Facebook sites regarding advice on EU Directive have stated it should be "D". A few people have called the Irish Embassies/Consulates in various Countries and been told to apply for a "C" visa.

I have emailed SOLVIT to clarify this issue and below is their response -
"The long stay visa is not issued under EU legislation. Article 5.2 of Directive 2004/38/EC refers to a short term visa that is issued for a period of up to three months, and the reason it can be issued on an accelerated basis is because, for only a short term period, evidence of how the citizen will support themselves is not needed. If you are making an application for a long stay visa, this will need to include evidence of how you will support yourself once in Ireland, is likely to require more documentation which will take time to assess."

The above comments from SOLVIT make sense and points to a "C" without mentioning it outright. However, in practice on the ground level, people are applying for a "D" and get a "C" and some people apply for a "C" only.

I am confused?

Can people who have applied and got their visa please reply to confirm which one they applied for and which they got if different so that I can get an idea of what the majority of people are getting after applying. Thanks.

Regards

Adam Caan

The Visa you should apply to accompany EU Spouse is a C type short stay Visa (validity 3 months) and the purpose of stay should state that you intend to accompany your spouse during her/his visit to the specific country. I am sure about it.

[Jambo]

For Ireland related matters better to check the Ireland section of the forums. This section is for the UK.

As a general rule, you just need type C visa. You only need a visa to allow you to enter the country as your rights to stay in the country under the Directive derive from the activities of the EEA national and not from the type of visa you hold.

[adam caan]

Thank you Jambo, Saalman and Davmck70. I will now apply for the C visa. Thanks again.

[CalvinKlien]

@ adam caan

Apply "C" category, the visa would be issued for 3 months and once ur wife is in Ireland, she need to apply for a 5 years residence card on form EU1. you can get this form from here: http://www.inis.gov.ie/en/INIS/Form%20E ... %20EU1.pdf

This process will take six months and you have to show that you are exercising EU treaty rights in the form of work/business/study or self sufficient....

You can get more info from this link: http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

[adam caan]

Thank you so much CalvinKlien

[CalvinKlien]

No pb

[New App]

a C visa is a short term and a D is long term.
visas also state the purpose for trave such as RESIDE, VISIT, EMPLOYMENT, etc


It is strange that a C would be issued for a person to live in Ireland so the embassy or visa office may have made a mistake.

It is very very VERY unlikely that the immigration police in Ireland would refuse you and not register you. Remember a visa is only to allow you to travel to Ireland it is then up to the immigration bureau to grant you the permission to stay in Ireland

[de_vip]

Please can you advice me what documents will be required to apply for Irish entry visa under directive 2004/38/ec

[CalvinKlien]

I would recommend to send an email to your local Irish embassy and they will send you a list of required documents. Make sure you write a detailed email to them and specifically ask them about the visa type you are going to apply.

Good Luck