Return flight necessary for non-EU spouse?

[toaster]

I am a dual Irish-Australian citizen, with a non-EU (Australian) spouse. We're currently living together in Canada. We are planning to fly into Ireland, dropping some things off with family/friends, then going cycle touring around Europe for 3 months or so before settling and finding work in the EU (most likely either in the UK or Ireland). I assume I will be ok entering Ireland without a return ticket, however I was wondering if my spouse will require a return ticket, or whether it's ok for him to travel with a one-way as well?

[Directive/2004/38/EC]

Since you are Irish, you and your spouse will be entering Ireland on the basis of Irish law (for which you may need a ticket but I am not sure). When you enter any other EU country, you will be doing so on the basis of EU law (in which case you would NOT need a ticket to leave the country).

If you need to, just book a super cheap one way ticket out of Ireland on Ryanair. Midweek you should be able to get something for about £10 per nose. You likely want to take a ferry out if you have bikes though - Ryanair will want a lot of money to carry bikes and associated gear.

Welcome to Europe and do not forget to travel with your marriage certificate if your wife wishes to work.

[cantaro]

I am a dual Irish-Australian citizen, with a non-EU (Australian) spouse. We're currently living together in Canada. We are planning to fly into Ireland, dropping some things off with family/friends, then going cycle touring around Europe for 3 months or so before settling and finding work in the EU (most likely either in the UK or Ireland). I assume I will be ok entering Ireland without a return ticket, however I was wondering if my spouse will require a return ticket, or whether it's ok for him to travel with a one-way as well?

While your spouse may be entitled to enter Ireland without any special provisions, the airlines usually make a fuzz about it if he doesn't have a visa. Therefore he should present himself either with a visa to enter Ireland as a non-tourist or have a ticket out of the country (it doesn't need to be a return ticket, can be to anywhere outside of Ireland). You should shop around for a flight that can be cancelled without a big financial loss.

[archigabe]

If he's from a visa waiver country, will they check for a return ticket at the airport immigration?

[yankeegirl]

They might. When I came to Ireland in 2004, all i got was a "welcome to Ireland" and the 3 month stamp. They never even asked about a return ticket. I was chatting to a friend of mine recently, whose mother was visiting from the US. She flew into Dublin, had to show them the return flight and the stamp was valid up until her departure date, not the full 3 months. I have not flown into Dublin in ages, so i don't know if the experience my friend's mom had was a one-off or if they've implemented new procedures.

[toaster]

Thanks for the advice - he's from a visa waiver country, but it sounds like it will be a good idea to shop around for a cheap (or easily refundable) hop out of Ireland, just in case the person we deal with decides to be overly officious.

[Directive/2004/38/EC]

The other way out of Ireland is by land to northern Ireland or by ferry to the UK or France. I personally would not be too worried about it.

[cantaro]

If he's from a visa waiver country, will they check for a return ticket at the airport immigration?

In my (limited) experience, Immigration do not check whether someone has a return ticket. The airlines already do that because they face a fine if they fly someone that is not entitled to enter the destination country, plus they would have to fly him back free of charge. Therefore you will need to present a (non-tourist) visa or a ticket away from your destination at the airline check-in.

Two anecdotes regarding this issue: In 2003 I went to Argentina. I arrived at the check-in desk with my one-way flight, and even though I would not need a visa to enter Argentina as a tourist, I had to go and purchase a ticket from Buenos Aires to Santiago de Chile as evidence of my intention to leave the country and thus count as a tourist. I later returned the ticket for a refund.

Five months ago I came to Ireland with my wife. Even though she was accompanying me as per Directive 2004/38/EC, she was requested to have either a visa or a flight out of the country. So again I had to purchase a ticket, this time from Dublin to London, and return it afterwards for a refund.

[Ben]

My family member was due to fly in from Singapore once, on a one-way ticket. He was joining my wife and I, to live.

The check-in desk at Singapore airport refused to let him board the plane, even though he had documents proving that he is legally entitled to reside in Ireland, as per EU regulations.

Of course, EU regulations don't mean anything to Singapore check-in agents. All they saw was a one-way ticket and refused to check him in. His flight was non-refundable so he lost around €500 there.

If only Ireland had an equivalent to the UK's EEA Family Permit visa, non-EU family members would not have to enter the country posing as tourists, on a return ticket that will be going to waste.

EDIT: Incidentally, my family member is now in Ireland and has Stamp 4. But jees, did we waste time and money getting him here.

[toaster]

A belated further inquiry regarding this... we are now planning to fly into Ireland, drop some things off with a friend, then go off cycle touring round Europe for 4-5 months. And I just realised that my spouse's Australian passport will only let him travel as a visa-waiver in the Schengen zone for 3 months. Will the fact that he's my spouse give him free travel throughout the Schengen zone beyond 3 months?

[Christophe]

I think the others are right: the lack of evidence of a ticket out of Ireland is more likely to be a problem at the check-in desk before departure rather than at the immigration counter after arrival.

You would need, I think, to check with the airline about its policy before you arrive at the airport (you could argue the toss at the airport, of course, but the last laugh is on you, really, if you are forced to miss your flight or to buy an expensive one-way ticket out of Ireland at that stage). And be prepared to get the answer you don't want to hear and to deal with people who have no concept of immigration matters beyond what it says in their manual or what they have had drilled into their heads. (Sorry if that sounds rude to airline employees, some of whom I'm sure are intelligent people — but even if they are, they can't really go against their airline's policy, to be fair.)

[toaster]

Hi - thanks for the reply Christophe. But I've already settled the return flight question, as I'll have onward travel booked.

I just want to confirm whether my spouse's Australian passport, combined with my Irish passport and a marriage certificate will be enough to allow him more than 3 months travel (just recreational cycle touring) throughout the Schengen zone. From what I've read plenty of Australians and US backpackers get away with illegally breaking the 3 month limitation, but we really don't want to do that, particularly as we're hoping to settle and start working once we're done cycling!

[Christophe]

Hi - thanks for the reply Christophe. But I've already settled the return flight question, as I'll have onward travel booked.

I just want to confirm whether my spouse's Australian passport, combined with my Irish passport and a marriage certificate will be enough to allow him more than 3 months travel (just recreational cycle touring) throughout the Schengen zone. From what I've read plenty of Australians and US backpackers get away with illegally breaking the 3 month limitation, but we really don't want to do that, particularly as we're hoping to settle and start working once we're done cycling!

Yes, sorry, I replied before I read your later post!

I'll leave it to others to reply to your question more definitively. I suppose technically it must hinge on whether going on a cycling holiday is exercising your treaty rights...

Don't forget that the UK is outside the Schengen area (together with Ireland) and the Switzerland is too, at the moment at least (they talk about joining it towards the end of 2008 though).

You're right, as a non-visa national your husband might well get away with it anyway, but you're also right to say that that is not a good (or sensible) way to approach it... Equally, too, he might not: stamped in/stamped out...

[esharknz]

Although this is for New Zealand, it's likely to also apply to Australians - http://www.nzherald.co.nz/section/1/sto ... d=10483450.

A much earlier proposal from a group of mainly continental European countries - known as the Schengen zone - several of them not in the EU, would also have severely curbed travel by New Zealanders and other non-EU visitors in 15 countries.

After representations by New Zealand authorities, plans to restrict Kiwis to just three months total travel time within the Schengen group of countries have not currently been implemented.

This means New Zealanders can continue to spend up to three months in each country.

The spokesman cautioned however that the Schengen proposal to restrict non-EU tourist travel, as far as New Zealand is concerned, is not yet dead.


New Zealand has reciprocal agreements with each individual country in the schengen zone, and these still stand. In practice, though, I have no idea how to 'legalise' status in each country

[Directive/2004/38/EC]

I'll leave it to others to reply to your question more definitively. I suppose technically it must hinge on whether going on a cycling holiday is exercising your treaty rights...

...

You're right, as a non-visa national your husband might well get away with it anyway, but you're also right to say that that is not a good (or sensible) way to approach it... Equally, too, he might not: stamped in/stamped out...

The right of the spouse of the EU citizen is governed only by Directive 2004/38/EC and by ECJ case law. Each country you visit, both people have the right to stay for up to 90 days without any additional formalities. It is only if they want to stay for longer than 90 days in one country that they should be exercising treaty rights.

I do not see any reason the 90 day Schengen limit would apply in this case of somebody married to an EU citizen and doing a bike tour through multiple countries.

[iamwhoever]

Like your spouse, I am from a country that can travel visa free. I've travelled to Ireland twice before settling here without a return ticket, buying a ticket to leave while in the country. I was never asked for a return ticket or anything, and stayed the entire 90 days.

[toaster]

Excellent, that makes sense and is reassuring!