Do we need visa to enter Ireland?

[ewe9]

Hi guys!
I have a question. I am from Poland and my husband is non eu. We got married 2 years ago and applied for stamp 4 for him. Our application was refused. But we still live here in Ireland ( he's here illegal). We decided to apply for resident card in Poland and we got it! So the question is: if we go to Poland and after we want to come to Ireland, do he need visa to entry Ireland if he hold polish resident card? I know he can travel in Schengen Area without visa but what about Ireland and UK? In theory Directive 2004/38/EC says that he can travel with me without visa in all EU but how is it in practice? And one more question- can he travel in Shengen Area without me as well?

[knapps]

hey there, yeah he still needs a entry visa to come to ireland...but u can apply again in ireland as i dont know on what basis it was refused if marriage of convinience than u know urself...but doj is asking the couple whos applications were turned down because the spouse hasn't lived before another eu state if so, send a letter back to them get information from www.inis.gov.ie

[ewe9]

Our applications was turned down because the spouse hasn't lived before in another eu state. That's why we wanted to go to Poland just to satisfy them. Now things changed but we still want to go and after come back. If we apply for visa in the embassy it might take long. So what about Directive 2004/38/EC it says:
"Family members who are not nationals of a Member State shall only be required to have an entry visa in accordance with Regulation (EC) No 539/2001 or, where appropriate, with national law. For the purposes of this Directive, possession of the valid residence card referred to in Article 10 shall exempt such family members from the visa requirement"?

[ewe9]

Anybody can tell me something more?

[robby1]

ewe , your hasband definately need visa to entre ireland, he can apply one and will get easily on the basis of spouse of e.u citizen if u are travelling with him, after entering ireland he should apply for e.u family member residence card witch he will get in six months ,weather he was refused earlier , coz the existing law is changed now, no one can stop e.u family member to live with e.u citizen in ireland or any other e.u state according to d european court of justice.

[ewe9]

Thanks for reply. I know that we can apply for visa in the embassy but i am worry that it will take time and i have work here. I read on the embassy side that it should take 6-8 weeks(this is even long for me),but I read the story when, it took them 48 days to receive the application from the embassy and start processing it! Are You sure that he will get visa without any problem if he was here illegal and he will not notify them that he's going? Do we have to after apply again for resident card or our old applications for an EU FAM residence card will be reviewed? (like they write here:
http://www.inis.gov.ie/en/INIS/Pages/EU ... y%20Rights

[robby1]

ewe , your existing application will be reviwed and you get response from DOJ let them know if you have change your address they will be in touch in 3-4 months check with ur republic of ireland address, they will notyfy u on this address and both of u should be present there..