visa requirement

zaza7625

When I am not EU citizen Do I need visa for entry in Ireland if my wife and children have EU citizenship? (my wife and me legaly married.) and would I have a opportunity to get a job legaly?
thanks in advance

ResearchWill

Well that depends on a number of things. Where are you wife and children currently residing. Which country are you from? Is your intention to come to ireland for a short visit or to stay and work? Will your wife and children be with you or remaing where they are?

If we take one situation, you and your family wish to move to ireland. Then your wife as the EU citizen has a right to exercise treaty rights and move here, she must be coming for work or study or to look for work. Then your children as children of a EU citizen exercising treaty rights have a right to enter and finaly you as her spouse have the right. You will have to apply for a EU Fam 4 remission once you get here and you will get a temp stamp 4 while they make the decision, they must make decision within 6 months and there is a right to a review if the decision is negative (I doubt there would be any problems in your case).

zaza7625

Thanks for quick reply
My wife and my children are with me in Georgia right now. We are planning to come to Ireland to live there a long period of time,one of my child is a Irish citizen and we would like to get him in irish school. my wife and my children will not remain here where they are now, they will be with me in Ireland and so I would intend to find a job there. But we don't want to come to ireland one by one like, we would like to come there together. so in this case would I be required to apply for visa or our marriage certificate and childrens' appostiled birth certificates and their passport would be satisfactory for entering me in state's territory?
thanks

DeLuxy

What EU nationality does your wife have?

Generally, in order to exercise EU rights, it is more important that your wife as the European citizen is economically active i.e. she must be the person looking for a job and earning.

EU rights is firstly about the European citizen being allowed to work in the European Union. Your rights to work and to live in Ireland are secondary and derive firstly from your EU spouse exercising her European right to work.

It is best to contact INIS to obtain the appropriate clarifications and it would also be recommended to obtain proper immigration advice from a properly qualified legal advisor with experience of immigration law.

From the EU1 Form available on:
http://www.inis.gov.ie/en/INIS/Form%20EU1%20Explanatory%20Leaflet.pdf/Files/Form%20EU1%20Explanatory%20Leaflet.pdf


"An EU citizen residing in the State exercises their rights under the Regulations and the Directive by engaging in one of the following activities, as outlined in Regulation 6(2)(a) of the Regulations.

A. Employment: Where the EU citizen is working for an employer in the State. This may include vocational training programmes and some non-proprietary directors of a registered company.

B. Self-employment: Where the EU citizen is a sole trader, in a business partnership, or is a proprietary director of a registered company operating in the State.

C. Study: Where the EU citizen is engaged in a course of study with a qualifying and recognised educational institute or college in the State, while possessing comprehensive sickness/health insurance in respect of them self, their spouse, and any dependants.

D. Involuntary unemployment: Where the EU citizen has been employed in the State for more than one year but has become involuntarily unemployed, and has registered as a job-seeker with a relevant office of the Department of Social Protection and FÁS.

E. Residing with sufficient resources: Where the EU citizen has sufficient resources to maintain themselves and any dependants in the State, while possessing comprehensive sickness/health insurance in respect of them self, their spouse, and any dependants. A person shall be regarded as not having sufficient resources to support them self and any dependants where that person would qualify for assistance under Part 3 of the Social Welfare Consolidation Act 2005 (No. 26 of 2005) if a claim were made by them or on their behalf.

Please note: the EU citizen of whom you are a family member must be engaged in one or more of these activities in order for you to qualify for a residence card under their EU Treaty Rights."

bazzare

all the answers you need to every possible immigration question are here on this excellent forum which deals specifically with all immigration issues pertaining to Ireland

http://www.immigrationboards.com/viewforum.php?f=34&sid=f576fefecb7e7d3f82e51df45ae03915

ResearchWill

zaza7625 wrote: »

Thanks for quick reply
My wife and my children are with me in Georgia right now. We are planning to come to Ireland to live there a long period of time,one of my child is a Irish citizen and we would like to get him in irish school. my wife and my children will not remain here where they are now, they will be with me in Ireland and so I would intend to find a job there. But we don't want to come to ireland one by one like, we would like to come there together. so in this case would I be required to apply for visa or our marriage certificate and childrens' appostiled birth certificates and their passport would be satisfactory for entering me in state's territory?
thanks

You have two possible ways of entering ireland the first is under Zambrano where you want your Irish citizen child brought up and educated in ireland, you are an unusual case there because you, family and Irish citizen child currently outside the EU. So you should do one of the following 1 contact a good immigration solicitor in ireland. 2 contact local Irish embassy for advice 3 contact INIS in Dublin.

The other way to enter is through your EU wife's rights, but she must be coming to seek work or work or study or have sufficient funds to support the whole family. Again if you are coming that way contact any or all of the above.

zaza7625

My family consists of 6 members including me and all of them are EU citizens except me. One of my child is irish citizen,rest of all are Latvian citizens. we live in Georgia right now. we plan to go to Ireland. Just wondering, would I be allowed to go through Dublin airport showing authorities our marriage certificate and birth certificates of my children?

Thanks

MagicSean

zaza7625 wrote: »

My family consists of 6 members including me and all of them are EU citizens except me. One of my child is irish citizen,rest of all are Latvian citizens. we live in Georgia right now. we plan to go to Ireland. Just wondering, would I be allowed to go through Dublin airport showing authorities our marriage certificate and birth certificates of my children?

Thanks

You'd probably be better off contacting the immigration office.

ResearchWill

zaza7625 wrote: »

My family consists of 6 members including me and all of them are EU citizens except me. One of my child is irish citizen,rest of all are Latvian citizens. we live in Georgia right now. we plan to go to Ireland. Just wondering, would I be allowed to go through Dublin airport showing authorities our marriage certificate and birth certificates of my children?

Thanks

Do you really think you can travel with a marriage cert and birth certs. Each of your children will need their passport no ifs buts or maybe, if I remember your wife is EU she will need her passport and as you will want to enter with her you will need your passport.

zaza7625

ResearchWill wrote: »

Do you really think you can travel with a marriage cert and birth certs. Each of your children will need their passport no ifs buts or maybe, if I remember your wife is EU she will need her passport and as you will want to enter with her you will need your passport.

Everyone of my family members hold EU passport so they wouldn't have only birth certificates and I have non EU passport. So at the european parlament decision notes that family member of EU citizen can travel with her/him if contracted legal marriage.

ResearchWill

zaza7625 wrote: »

Everyone of my family members hold EU passport so they wouldn't have only birth certificates and I have non EU passport. So at the european parlament decision notes that family member of EU citizen can travel with her/him if contracted legal marriage.

As each of your children have EU passports they can enter without a problem, as your wife has a EU passport so can she once you have a passport and proof of marriage so can you. Then once here apply for EU Fam 4 card, decision must be made within 6 months, and you must be given a temp stamp 4 while waiting.

zaza7625

ResearchWill wrote: »

As each of your children have EU passports they can enter without a problem, as your wife has a EU passport so can she once you have a passport and proof of marriage so can you. Then once here apply for EU Fam 4 card, decision must be made within 6 months, and you must be given a temp stamp 4 while waiting.

Thanks for reply. so as far as I understand the authorities will allow me to enter in Ireland showing them our passports and our marriage certificate.

zaza7625

while my case, so cold stamp4 would be under consideration and my case would be pending will I be permitted to look after the children, family and find a job legally whatsoever?
Thanks

zaza7625

In case if I and my irish citizen child will reach to dublin airport ( i am not eu citizen, and in my child's irish birth certificate is my name and surname) would I be allowed to enter in state with him or he would be separated from me and I would be subject of deportation?

Thanks

ResearchWill

zaza7625 wrote: »

In case if I and my irish citizen child will reach to dublin airport ( i am not eu citizen, and in my child's irish birth certificate is my name and surname) would I be allowed to enter in state with him or he would be separated from me and I would be subject of deportation?

Thanks

In those circumstances you will need a visa to enter Ireland. I really have answered your questions a few times but to make it clear.

1 You are a non EU citizen who requires a Visa I assume
2 Your wife is EU, so if she enters ireland to exercise eu treaty rights you have an absolute (some restrictions on public policy and health etc.) right to enter and get stamp EU fam4
3 your children are Irish citizens under zambrano you may have a right to reside with them in Ireland but you will have to apply to the Minister for Justice there I'd a Zambrano unit in immigration

It's simple either apply for s visa, or enter with your wife or make an application under zambrano (pro better to do that after entering legally by one of above)

zaza7625

ResearchWill wrote: »

In those circumstances you will need a visa to enter Ireland. I really have answered your questions a few times but to make it clear.

1 You are a non EU citizen who requires a Visa I assume
2 Your wife is EU, so if she enters ireland to exercise eu treaty rights you have an absolute (some restrictions on public policy and health etc.) right to enter and get stamp EU fam4
3 your children are Irish citizens under zambrano you may have a right to reside with them in Ireland but you will have to apply to the Minister for Justice there I'd a Zambrano unit in immigration

It's simple either apply for s visa, or enter with your wife or make an application under zambrano (pro better to do that after entering legally by one of above)

Many thanks to you.
Just I have no clue what EU treaty means. if you make me clear all about that, I will be grateful once again.

ResearchWill

zaza7625 wrote: »

Many thanks to you.
Just I have no clue what EU treaty means. if you make me clear all about that, I will be grateful once again.

A citizen of the EU has a right under the treaty to travel to another member state but treaty rights are defined as economic rights the right to travel is primary for work, or to search for work, it can also be for study, a person traveling from Spain to ireland to work can enter ireland and work and that person can also bring in their family even though the family do not have to work.

Cushie Butterfield

zaza7625 wrote: »

Many thanks to you.
Just I have no clue what EU treaty means. if you make me clear all about that, I will be grateful once again.

A treaty is legally binding agreement (in this case between EU member states which sets out travel, residence, work & study rights of EU citizens & the rights of their partner/spouse/children).

zaza7625

Cushie Butterfield wrote: »

A treaty is legally binding agreement (in this case between EU member states which sets out travel, residence, work & study rights of EU citizens & the rights of their partner/spouse/children).

thanks

zaza7625

ResearchWill wrote: »

A citizen of the EU has a right under the treaty to travel to another member state but treaty rights are defined as economic rights the right to travel is primary for work, or to search for work, it can also be for study, a person traveling from Spain to ireland to work can enter ireland and work and that person can also bring in their family even though the family do not have to work.

thanks

zaza7625

we are family consisting of 6 members and out of them 5 members of my family are EU citizens.I have a marriage relationship with my wife which is affirmed by our marriage certificate and there is a my surname written on her EU passport due to our marriage.Besides, as I mentioned-above we have 4 EU citizen children together(holding EU passports). Unfortunately I am not an EU citizen and we are planning to move to Ireland together with our children from our residence (Georgia). I am applying for irish visa right now and the process is on but I don't know how it ends.
In case of refusal,would I be able to travel with all my family members without a visa, showing irish authorities all our documents mentioned-above? will I be separated at the border from my family?
thanks

zaza7625

ResearchWill wrote: »

As each of your children have EU passports they can enter without a problem, as your wife has a EU passport so can she once you have a passport and proof of marriage so can you. Then once here apply for EU Fam 4 card, decision must be made within 6 months, and you must be given a temp stamp 4 while waiting.

hi researchWill
I am just curious in case If I buy plane tickets for me and for my family who are EU citizens except me/ they hold EU passports not I, would I be allowed on board to travel to ireland? what does practice show?
Thanks

Dandelion6

Ireland has carrier liability legislation which requires airlines, under threat of a fine, to make sure passengers have the entry documentation they need before they board. If you're a visa required national and you don't have a visa, you most likely won't be allowed on.

Marcusm

Dandelion6 wrote: »

Ireland has carrier liability legislation which requires airlines, under threat of a fine, to make sure passengers have the entry documentation they need before they board. If you're a visa required national and you don't have a visa, you most likely won't be allowed on.

The question is more subtle than that; while he is a national of a country usually requiring a visa to enter Ireland, he is entitled to visa free entry as he is accompanying his EEA national spouse and children.

Frankly, OP, I think this is down to the level of training given to and the diligence applied by the relevant check in and boarding staff. As we don't know the country where you'd board the plane or the name of the airline, I doubt that anyone here can really assist.