pls i want to know if a person married to Uk citizen can go to dublin without getting a visit visa traveling frm Nigeria and have Uk expire visa on my passport will be going with my spouse and hold our marriage certificate

bolame: pls i want to know if a person married to Uk citizen can go to dublin without getting a visit visa traveling frm Nigeria and have Uk expire visa on my passport will be going with my spouse and hold our marriage certificate

Ha, Bolame, have you given up on the republic of Georgia and Turkish airlines enquiries?
Well, to answer your question: The UK Visa is only valid for the United Kingdom of Great Britain and Northern Ireland, therefore, a visitor needs a visa issued by the Republic Or Ireland in order to enter Ireland. And though, there is often no border control between the UK and Ireland, but it is a crime to be caught crossing the border without the entitlement. Precisely, a UK visa holder can't enter into Ireland except holding a valid Irish visa

Yes you are allowed to travel to Ireland without a Visa by law, however you must be in possession of a valid travel document and your marriage certificate together with your spouse, but in practice it is more difficult to achieve, firstly no Airlines will be willing to accept you on board their plane without a current visa or equivalent to your final destination, secondly you will face serious scrutiny at the border post especially as you will be coming from Nigeria.
It is always advisable to have visa to your final destination despite being a family member of an EU citizen.

@noso Thanks for your resonable and sensible reply, i guess as mush that i can travel with my partner as Eu family member without a visa to ireland but dont know how practical dis is and have not known anyone that have done that before with thier patner, just want to be sure before we make the trip

noso_2004: Yes you are allowed to travel to Ireland without a Visa by law, however you must be in possession of a valid travel document and your marriage certificate together with your spouse, but in practice it is more difficult to achieve, firstly no Airlines will be willing to accept you on board their plane without a current visa or equivalent to your final destination, secondly you will face serious scrutiny at the border post especially as you will be coming from Nigeria.
It is always advisable to have visa to your final destination despite being a family member of an EU citizen.

Accurate: Well said, but still you would be issued a visa as a stamp in your passport at the port of entry (that is if travelling with an EU spouse)

@ vicjustice don't start a wahala you wll not be able to end n pls i don't need your advise keep it to yourself

You are welcome, people have tried it in Ireland, there was this case in 2010/2011 Raducan & Anor -v- MJELR where a moldovan spouse of romanian national came to Ireland without visa, the moldovan spouse was detained in prison and the case was referred to the Irish High court to determine the legality of the detention, the judgement by justice H hogan upheld the right of the spouse to not having the necessary visa so long as she showed them the marriage certificate and was together with the spouse. I think the lady was awarded compensation for unlawful detention around 7 thousand euros not certain now, you can read up the case if you are interested.

Please bolame try not be abusive as that might put off other people who are willing to contribute to your thread. at Vicj that is why I said she must be in possession of a valid travel document ( Passport or equivalent)so that when the immigration officers are satisfied that the she is indeed spouse of an EU citizen they would proceed to issue the entry permit on the valid travel document.

Thanks noso for your reply and of course i am not abusing Vicjustice he seems the one trying to step on my tail and make trouble or why was he asking a stupid question whether if have given up on going to Georgia and making enquire about Uk

@noso based on the passport i hold now is a Nigerian passport but bears my husband surname and i have also another one that has my name before(my previous name before i married) with an expire uk visa, and i am little bit confuse and bothered now if they would allow me in Ireland to go for an holiday with my British husband as we are only married few weeks

Yes they should allow you entry if you travel together with your husband, will be easier travelling from the UK, if you will be travelling from Nigeria I suggest you apply at the Irish vfs for an accompany EU spouse visa to Ireland. The visa should and must be issued free of charge and on the basis of an accelerated procedure.

You should bear in mind that the Irish embassy in Lagos will do all in there might to waste time, and not apply the law properly, the embassy in Abuja are notorious at disregarding the EU law, if your aim is to be in the UK with your spouse and you feel you will not qualify for national spouse visa. I will suggest you apply to a schengen country and then if your husband could work at least 3 months in that country you can travel to UK without even needing a visa.

You will be issued an A1 visa at the UK port valid for 6 months, but you have to guard yourself with copies of different case law to exert your rights.

noso_2004: Yes you are allowed to travel to Ireland without a Visa by law, however you must be in possession of a valid travel document and your marriage certificate together with your spouse, but in practice it is more difficult to achieve, firstly no Airlines will be willing to accept you on board their plane without a current visa or equivalent to your final destination, secondly you will face serious scrutiny at the border post especially as you will be coming from Nigeria.
It is always advisable to have visa to your final destination despite being a family member of an EU citizen.

By law he/she will require visa to visit any country in EU even if he is accompanying by his/her EU spouse provided he is a visa required national. He/she will not require visa only if he/she posses a residency card from any EU country and is accompanying by his/her EU spouse.

Thanks you very mush Noso, God will bless you

.

Hmmm juzme.. Can you explain more better what is the residency card, tho i could hv make research online about that but am too busy now

bolame: Hmmm juzme.. Can you explain more better what is the residency card, tho i could hv make research online about that but am too busy now

Juzme is right.Unfortunately you will need an Irish visa to travel to Ireland even if you are traveling with your spouse.The only exception is if you have a valid residency card of an EU member state based on your marriage to an EU citizen from any EU member country except from the country of your spouse and the residence card should clearly state that you are a family member of an EU national.

So in your case,your husband is UK national,you can travel visa free to Ireland only if you have a valid residence permit issued by any of the Eu member country except UK.

Please guy learn to give accurate information, if you do not know please do not post and mislead people, I cited a case law by the Irish High court, spouses of EU citizens can travel without visa to EU countries provided they are with their spouse, this was clear in the judgement of the ECJ now called (CJEU) Court of justice of the European Union MRAX VS Belgium. see also The http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:C:2002:233:0003:0003:EN:PDF for full text.

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.

DIRECTIVE 2004/38/EC OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL
of 29 April 2004

Directive 2004/38/EC
Chapter II — Right of exit and entry
Article 5 — Right of entry
4. Where a Union citizen, or a family member who is not a national of a Member State, does not have the necessary travel documents or, if required, the necessary visas, the Member State concerned shall, before turning them back, give such persons every reasonable opportunity to obtain the necessary documents or have them brought to them within a reasonable period of time or to corroborate or prove by other means that they are covered by the right of free movement and residence.

I am a personal experience of all these laws as my living in Europe is bound by it so please do not say anything that contradicts those directives.

juzme:

By law he/she will require visa to visit any country in EU even if he is accompanying by his/her EU spouse provided he is a visa required national. He/she will not require visa only if he/she posses a residency card from any EU country and is accompanying by his/her EU spouse.

Could you be kind enough to cite the case law that says spouses of EU citizen without visa should be turned back at the border post? I will start taking you seriously at that point

Davedavy:

Juzme is right.Unfortunately you will need an Irish visa to travel to Ireland even if you are traveling with your spouse.The only exception is if you have a valid residency card of an EU member state based on your marriage to an EU citizen from any EU member country except from the country of your spouse and the residence card should clearly state that you are a family member of an EU national.

So in your case,your husband is UK national,you can travel visa free to Ireland only if you have a valid residence permit issued by any of the Eu member country except UK.

The same goes to you, I cited a case law if you have wanted to provide genuine and valid information to the OP, and not an hearsay you would have at least read that case law and take it from there. The information you gave is incorrect.

Although it is always advisable to have the necessary visa to your final destination despite being a family member, but if for any reason you cannot apply for the necessary visa, you must be allowed in so long the spouse do not pose a serious threat to the security of the state, and also serious health issues

Oh, why have you modified this insult post

bolame: @ vicjustice why are you acting like a confused someone or is something wrong with your foolish brain? ... and you are saying someone else is accurate

To this one?

bolame: @ vicjustice don't start a wahala you wll not be able to end n pls i don't need your advise keep it to yourself

Please, you don't need to do that. I'm OK with insults from people like you. Cool

noso_2004:

The same goes to you, I cited a case law if you have wanted to provide genuine and valid information to the OP, and not an hearsay you would have at least read that case law and take it from there. The information you gave is incorrect.

Although it is always advisable to have the necessary visa to your final destination despite being a family member, but if for any reason you cannot apply for the necessary visa, you must be allowed in so long the spouse do not pose a serious threat to the security of the state, and also serious health issues

I am aware of this directive,Unfortunately this directive is not known to many embassies, airline staff and even immigration officials and also every country has their own implementation of 2004/38/EC,so a lot of countries do not implement it or implement it in a different way. it is almost impossible to apply the directive.I must say you are very lucky if indeed you traveled from Nigeria to Europe without visa using this directive.
On the other hand,Directive 2004/38/EC<<, Articles 5 and 10 is well known and well implemented.

Article 5
Right of entry
1. (...)
2. ... 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.
Quote:
Article 10
Issue of residence cards
1. The right of residence of family members of a Union
citizen who are not nationals of a Member State shall be
evidenced by the issuing of a document called 'Residence card
of a family member of a Union citizen' (...)

So i will advice the OP to mail the Irish embassy,quote the relevant directives and inquire if he is allowed to travel with his spouse visa free to Ireland.

This is a letter from German embassy,to a non eu member of a UK citizen who wants to travel to to Germany visa free.

This is another reply from French embassy to another person,copied from immigrationboards forum.

"From: TLScontact Date: 2012-05-30 16:16:33
Dear Applicant,


If your British residency card states "Family Member of an EEA national", this family member is not a French or UK citizen, you have official documentation to prove this relationship and you are either travelling together with this person or going to meet them in France, you do not require a visa to travel. However, if you fail to meet any of these criteria, you do require a visa to travel. Please note the the exact words "Family Member of an EEA national" [/b]must be written on your residency card and that [b]the quality of simply "being" a family member of an EEA national does not remove the passport holder's requirement to obtain a visa for travel.


Kind regards,

TLScontact Team "

You still dont get it, It is not a requirement that family member should not be in possession of a valid entry visa or equivalent, I am saying in case they happen not to have one then they would be allowed in, I have read different testimonies of more than 20 different people who have done this, even to the Almighty UK, and Ireland inclusive.

No European country would advice you not to have a visa to enter there country of course they will discourage it but, that doesn't when the spouse found themselves at the border the law will not be implemented. if (they) the border guards fail to implement it the court will decide what is lawful or not.

noso_2004: You still dont get it, It is not a requirement that family member should not be in possession of a valid entry visa or equivalent, I am saying in case they happen not to have one then they would be allowed in, I have read different testimonies of more than 20 different people who have done this, even to the Almighty UK, and Ireland inclusive.

No European country would advice you not to have a visa to enter there country of course they will discourage it but, that doesn't when the spouse found themselves at the border the law will not be implemented. if (they) the border guards fail to implement it the court will decide what is lawful or not.

Okay Noso.i understand what you are trying to say.You are correct from the legal point of view .

If you have a residence card with RESIDENCE CARD OF FAMILY MEMBER OF UNION CITIZEN written on it the u do not require a visa to enter ireland.
Though they started it last year july

@llbhuds Thanks, you are great

Information is power

hello guys my name is presley from nigeria,i used to live in spain where i met my british fiance from scotland to be precise,i want to move to Ireland,please is there any possibility of us being able to get married over there? please any suggestions/