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Visiting Ireland

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Guest lazyphil

the uk isn't pary of the shenagins scheme so any thai with IRL in their passport still needs to apply for a visa to visit european countrys, at least those in the schenagins scheme. they seem to grant only a 3 month visa so repeat applications have to be done per visit, unlike the USA who grant a 10 year visa.

 

maybe all changed now?

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The Schengen agreement, 1985, is not the same as directive 68/360 which was drawn up before the UK joined the EU. The UK is not party to the Schengen agreement that permits visa free travel across all countries who are party to the Schengen agreement. Directive 68/360 may apply or not depending on the individual case.

 

That said there is a lot more to it depending on the nature of the permit the individual holds.

 

As always reference to a competent authority is the only sensible recourse.

 

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Lazyphil then sorry but it seems you have been had

 

http://eur-lex.europa.eu/smartapi/cgi/sga_doc?smartapi!celexplus!prod!CELEXnumdoc&numdoc=61990J0370&lg=en

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http://www.legislation.gov.uk/uksi/2009/1117/schedule/1/made

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Case C-109/01 Secretary of State for the Home Department v Hacene Akrich

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Both rulings have legal effect in all EU countries, including the UK and Ireland.

 

-> We are not talking about Schengen visa, we are talking about the spouse/family member of a UK resident.

 

The OP was: A UK citizen, with his spouse who is a resident in the UK (ILR and most certainly "family member" stamped or written on it)

asking if his wife needs a visa to go visit Ireland.

 

The answer is no.

Same as for your Thai wife is she is a legal resident in the UK (ILR with "family member" marked on it) -> she doesn't need a visa to visit a Schengen state......

 

If a consulate or embassy tells you the contrary then remind them of the various agreements and the ECJ's rulings -> since the UK are subject to the same rules as the Schengen countries about this specific subject...

 

In case you are still not convinced:

Here is the worst case situation -> you travel with your wife to say France, or I travel with my wife to the UK:

 

http://www.bia.homeoffice.gov.uk/policyandlaw/guidance/borderforceoperationsmanual/

 

http://register.consilium.europa.eu/pdf/en/06/st15/st15010.en06.pdf

 

 

In case one wonders why the UK is involved -> thsi is because the UK is part of the EEA

(European Economic Area)

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

3.1 Persons enjoying the Community right of free movement

 

3.1.1 Persons enjoying the Community right of free movement are authorised to cross the border of a Member State on the basis of the following documents, as a general rule:

– EU, EEA, CH citizens: identity card or passport;

– members of the family of EU, EEA, CH citizens who are nationals of a third country: passport. They may also be required to have an entry visa, if they are nationals of a third country subject to the visa obligation, unless they are in possession of a valid residence

permit or card, issued by a Member State (or by EEA countries or CH).

---------

So the OP's case is exactly the one fitting the profile: UK citizen with spouse who is a resident in the UK -> therefore she is entitled to travel to any EU, EEA state without a visa.

(as long as they are travelling together and that she carries documents that can prove her status)

 

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For any British citizen:

http://www.ukvisas.gov.uk/en/howtoapply/infs/inf18eeaswissnationals#23094897

 

 

Edited by Guest

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Guest lazyphil

why then did the austrian embassey tell me to get a schnanagins visa sorted for my a thai national with IRL on calling them......if they say get, you get. no checks crossing into italy though

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Lazyphil -> this is because like most embassies and consulates they don't know much about "specific and seldom encountered cases" such as yours or as mine.

 

Tried to go to another EU country for my medical treatment (I am a resident in another EU country than my home country) and the embassy told us my wife (who is a resident living and working with me, same as your Thai wife with ILR as my wife is also from a "third country")....also needs a Schengen visa....

 

therefore I made a search and then emailed them that, no she dodesn't need a visa...and they admitted they were wrong of course.

 

Now as you are a UK citizen, since the UK abide by the same convention as the Schengen states regarding the "movement of people" you of course have the same rights as me.

(as long as you and your wife are travelling together + as long as she has the ILR/papers proving she is your family member)

 

I am sorry for you to have run into issues like this and a recently as now...there are still embassies and consulates that do not apply the law...which doesn't suprise me given most embassies and consulates don't know shit/are lost when a "specific unusual case" is submitted to them...

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