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Visiting Ireland

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Hi

I was enquiring if anyone could tell me.If my Thai wife who as been living in the UK for over 5 Years.She as a indefinite visa can she visit Ireland or will we have to get a visa to go on holiday for a week

Cheers

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I have no idea if she will need a visa for the Irish Republic but you could fly into Belfast and travel south from there. There are no border check points between Northern Ireland and the south.

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A Thai friend of mine who had indefinate leave (now has UK passport) travelled to Holland without any problems so pretty sure ROI is fine.

 

If she has been living in the UK for 5 years why doesn't she apply for a British passport ?

 

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Depends:

 

If she has an ILR: She would normally need a Schengen visa except if on her ILR is mentioned something like "family member of.."

 

In any case, best to email the embassy or consulate of the EU country you wish to visit.

 

-> always best to make sure

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Hello to be more clear: Your wife will never need a visa to travel to any EU country since UK is under the same EU directive as the EU countries.

-> thus you can travel as much as you want together

 

For a visa to be issued on the basis of Directive 2004/38/EC, only the following three requirements need to be satisfied:

 

the visa applicant is a family member of an EU citizen (or one of a specific other set of relationships)

the visa applicant will be traveling with the EU citizen

all travelers require a passport (or a national ID card for the EU citizen)

 

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Excuse me Lazyphil?

If she is shown as a family member on the ILR then the EU convention applies to her as well to any country in the EU.

Or did the UK recently decide to reject the EU convention?

 

If a consulate or an embassy told you the contrary -> then they were wrong and by simply reminding them of the 2004/38/EC you should be able to solve the issue

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1. On a proper construction of Article 3 of Council Directive 68/360/EEC of 15 October 1968 on the abolition of restrictions on movement and residence within the Community for workers of Member States and their families, Article 3 of Council Directive 73/148/EEC of 21 May 1973 on the abolition of restrictions on movement and residence within the Community for nationals of Member States with regard to establishment and the provision of services and Council Regulation (EC) No 2317/95 of 25 September 1995 determining the third countries whose nationals must be in possession of visas when crossing the external borders of the Member States, read in the light of the principle of proportionality, a Member State may not send back at the border a third country national who is married to a national of a Member State and attempts to enter its territory without being in possession of a valid identity card or passport or, if necessary, a visa, where he is able to prove his identity and the conjugal ties and there is no evidence to establish that he represents a risk to the requirements of public policy, public security or public health within the meaning of Article 10 of Directive 68/360 and Article 8 of Directive 73/148.

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In the specific case of a UK national married with a third country national (who was also a resident in the UK, ILR showing "family member".

 

-> initially the French embassy (they wanted to visit a EU country and in this case France) told them his wife needed a visa...to which he objected pointing the embassy didn't respect the

2004/38/EC -> here is the French embassy's reply.

 

Of course these days -> there are still some embassies and consulates that will tell you that you need a visa...which has been ruled out by the highest EU court of justice.

 

If you do wonder -> I have been working hard on this topic since I am a EU citizen living in a EU country other than my home country with my wife who is a third country national...

 

---------------------

Dear Sir,

 

I refer to your letter of the 22nd of April in which you question the implementation of the Directive 2004/38/EC by the French Authorities.

 

I can confirm that if your spouse holds a British resident permit with the endorsement ‘Family member of an EEA national’ and travels with you, she does not need a visa to travel to France.

 

Yours faithfully,

Patrick Poinsot

Deputy Consul.

 

 

 

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In short, provided that:

1: you are a EU citizen resident in one of the EU countries (including UK which is part of these agreements/conventions/treaties)

2: your third country wife/spouse/children is a resident in a EU country (including UK with its ILR showing she is one of your "family member")

 

Then you are entitled to travel: Without visa + your spouse is of course entitled to become a resident should you decide to emigrate to another EU country......

Edited by Guest

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