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Ireland travel with EU registered partner

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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snooziedoozie
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India

Ireland travel with EU registered partner

Post by snooziedoozie » Sat Jun 17, 2023 12:18 pm

Hey all,

First time poster here and I didn't find answers to my questions while exploring the existing posts so creating a new one.

I am an Indian passport holder but I reside and work in the Netherlands. I am in a registered partnership and am in possession of a Dutch residence permit as a family member of my registered partner.

My partner and I plan to visit Ireland for a short visit (2 weeks) to visit friends and travel. Generally, Indian nationals are obliged to apply for an Irish visa, however, by invoking Article 10 of Directive 2004/38/EC, I think I can travel visa free to Ireland under the 'Free Movement Directive' accompanied by my partner. I contacted the Irish embassy in the Netherlands to confirm that; they did and they were kind enough to reply with more information and that is when questions arose.

They sent me a sample residence permit that they deem acceptable but which differs from mine. Specifically, the samples sent explicitly mention the type of permit as "FamilieID EU/EER" and say "Residence Card of Family Member of EU Citizen" in the remarks category. My permit has the type "I" but it does say "Family member of {my partner's name}". My questions:
- Do different EU states implement the permits differently and that implementation may change with time within the same state?
- Or does my residence permit not conform to Article 10 of Directive 2004/38/EC and is not of the type connected to family member (which seems weird as it says on the back)?

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CR001
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Re: Ireland travel with EU registered partner

Post by CR001 » Sat Jun 17, 2023 12:29 pm

What is the nationality of your partner??

Is your partner Dutch and that is the basis of your residence permit/visa in the Netherlands, immigration under Dutch domestic immigration??
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

littlerr
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Re: Ireland travel with EU registered partner

Post by littlerr » Sat Jun 17, 2023 1:19 pm

Sounds like your residence is based on marriage with a Dutch national. You will need a visa if that’s the case.

You said it says ‘Article 10 of Directive 2004/38/EC’ on the back of your card?

meself2
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Ireland

Re: Ireland travel with EU registered partner

Post by meself2 » Sat Jun 17, 2023 5:15 pm

The caveat here is the nationality of your registered partner. If they're Dutch (which seems to be the case), you need a visa, as your relationship is governed by Dutch laws and Directive isn't invoked.

It's the same in Ireland - you get Stamp 4 if your parner is Irish (since it's handled by domestic laws) and 4EUFam if another EU citizen (the Directive).
littlerr wrote:
Sat Jun 17, 2023 1:19 pm
You said it says ‘Article 10 of Directive 2004/38/EC’ on the back of your card?
I read the following
snooziedoozie wrote:
Sat Jun 17, 2023 12:18 pm
Or does my residence permit not conform to Article 10 of Directive 2004/38/EC and is not of the type connected to family member (which seems weird as it says on the back)?
as a statement that it says about a family member on the back, not mentioning Article 10.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

snooziedoozie
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India

Re: Ireland travel with EU registered partner

Post by snooziedoozie » Mon Jun 19, 2023 12:18 am

CR001 wrote:
Sat Jun 17, 2023 12:29 pm
What is the nationality of your partner??

Is your partner Dutch and that is the basis of your residence permit/visa in the Netherlands, immigration under Dutch domestic immigration??
Yes - my partner is Dutch and that is how I got my residence permit

snooziedoozie
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India

Re: Ireland travel with EU registered partner

Post by snooziedoozie » Mon Jun 19, 2023 12:22 am

littlerr wrote:
Sat Jun 17, 2023 1:19 pm
Sounds like your residence is based on marriage with a Dutch national. You will need a visa if that’s the case.

You said it says ‘Article 10 of Directive 2004/38/EC’ on the back of your card?
Yes - my residence is based on my partnership with my Dutch partner.
To clarify, I don't have any mention of the ‘Article 10 of Directive 2004/38/EC’ on my card. The sample residence permit that Irish embassy sent me have the directives explicitly mentioned in the remarks category.

snooziedoozie
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Joined: Sat Jun 17, 2023 10:02 am
India

Re: Ireland travel with EU registered partner

Post by snooziedoozie » Mon Jun 19, 2023 1:15 am

meself2 wrote:
Sat Jun 17, 2023 5:15 pm
The caveat here is the nationality of your registered partner. If they're Dutch (which seems to be the case), you need a visa, as your relationship is governed by Dutch laws and Directive isn't invoked.

It's the same in Ireland - you get Stamp 4 if your parner is Irish (since it's handled by domestic laws) and 4EUFam if another EU citizen (the Directive).
'
Thanks for that clarification! My partner is indeed Dutch and I see why the directive isn't invoked here.

While exploring this https://europa.eu/youreurope/citizens/t ... chengen-1 I arrived at the same end result (aka a visa is needed).

At the same url, I discovered that my visa application (non EU family members) should be processed rather quickly, free of charge, and only requires a fraction of documents (comparing with the situation if I apply as just an Indian national and would be required to submit travel itinerary, employment info, proof of funds, plan of the trip, invitation letters etc - almost like writing a master's thesis :D ).

meself2
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Ireland

Re: Ireland travel with EU registered partner

Post by meself2 » Mon Jun 19, 2023 10:21 am

Yes, that's the benefit of being a family member of EU citizen.
On the bright side, I think Ireland is the only exemption from your ability to travel around EU as a tourist without a visa - other Schengen states will be satisfied with your current residence permit to confirm your right to travel.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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