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UK Visa for Non-EU spouse of Irish Citizen

  • 07-12-2013 1:23pm
    #1
    Registered Users, Registered Users 2 Posts: 5


    Hi,

    I am a Non-EU Citizen in Ireland. My husband and my child both are EU (Irish) Citizen.
    I wish to apply for UK visa? Can anyone please help as in how long does it take for Visa process. As I have only 2 weeks before my intended travel.


Comments

  • Registered Users, Registered Users 2 Posts: 2,678 ✭✭✭jjbrien


    You will need to make an appointment at the British Embassy 2 weeks could be tight


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    Visa for what? To live or to visit? If you are travelling as a family unit, you should not need a visa to enter the UK with your EU spouse as he is exercising his freedom of movement.


  • Registered Users, Registered Users 2 Posts: 2,678 ✭✭✭jjbrien


    Marcusm wrote: »
    Visa for what? To live or to visit? If you are travelling as a family unit, you should not need a visa to enter the UK with your EU spouse as he is exercising his freedom of movement.

    Its a non-EU spouse depending on which country the OP's other half is from they may well require a visa to enter the UK. The OP didnt indicate what nationality thier other half is.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    jjbrien wrote: »
    Its a non-EU spouse depending on which country the OP's other half is from they may well require a visa to enter the UK. The OP didnt indicate what nationality thier other half is.

    The husband was identified as an Irish citizen!

    Unless the non EU spouse can be classed as a danger to the public (an extreme categorisation), they will not need a visa to entenr the UK (or any other EU state) provided they turn up with their passports and a copy of the marriage certificate evidencing the family relationship. If they have a Residence Permit for a Family then that should be accepted as prima facie proof. Visa required nationals get additional entry rights when married to EU nationals.

    This is not some bizarre UK thing by the way, the Irish equivalent entered into law as si 146/2011.

    In any event, if entering the UK through a major airport from Ireland he/she won't even have the opportunity to have this discussion with UK BA.


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    Spouses of Irish citizens don't get to do exercise EU treaty rights. Spouse of Irish nationals don't have an EU fam stamp 4 so can't go down that route. AFAIK you need to apply for a visa at the British embassy. Two weeks is cutting it fine, especially at this time of year. All I can suggest is appealing to their better nature and hope they accommodate you as an urgent case.


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  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    I'm sorry but that is not correct; Irish nationals and their families do not ave reduced rights in the UK. The relevant law governing entry into the UK for and EEA national and non EEA spouse is regulation 11 of The Immigration (European Economic Area) Regulations 2006. Stamp 4 EUFam not being recognised as a Residence Card of a Family Member merely means that the non EEA national spouse has to prove that they are a "family ember" through production f a marriage certificate and gets their passport stamped - a code 1A stamp which even permits them to work if they want and which is valid for 6 months which is the UK's max permissible time to issue the EEA Family Permit which is valid fr 5 years but which is irrelevant in this case as only a visit is involved.

    The OP has presumably made their plans at this stage.

    The


  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    I'm not disagreeing with you that spouse of Irish national should have the same rights, but in reality no one wants to have to argue the toss with an immigration official. When we wanted to transit through Belfast we were strongly advised to get a visa. I have known about couple who didn't get a visa and just brought proof of marriage and were delayed for hours at the UK border and let's be honest no one wants that to be the start of a trip.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    It will be very tight. Too tight possibly. My asian niece was going on a school trip to the Uk, we had to make an appointment on line and then turn up with all the documents. Her passport came back the day before she left, and it was so tight that they left it in security at the Embassy for her. She had to then race across town to get a re-entry visa.

    The application form had to be filled out online and printed, and you then made an appointment online. All documents had to be original. The place was like Fort Knox.

    I wouldn't wait around to apply.


  • Registered Users, Registered Users 2 Posts: 10,633 ✭✭✭✭Marcusm


    I'm not disagreeing with you that spouse of Irish national should have the same rights, but in reality no one wants to have to argue the toss with an immigration official. When we wanted to transit through Belfast we were strongly advised to get a visa. I have known about couple who didn't get a visa and just brought proof of marriage and were delayed for hours at the UK border and let's be honest no one wants that to be the start of a trip.

    That's hardly the same situation; the entitlement to entry is there and on a trip to the UK from Ireland, it is almost impossible to find a border agent when you go looking for them not to mind encounter one accidentally. In fact, the British embassy in Dublin regularly instruct non nationals who obtain visas in Ireland (e.g. Chinese student who applies to a UK university and gets a student visa) that they are not to go directly to Ireland but should transit through another country simply because they cannot get their visa stamped (which commences it validity) due to the absence of border controls.

    I know someone who had this problem and sought out a UKBA officer at the airport to be told that they still would not stamp it as they were in the CTA zone. The advice was to get a same day Eurostar return to Paris to commence the student visa (the example was not of a visa requried national).

    THe OP is not visa required for UK as she is travelling with her husband and is highly unlikely to have to justify their position to UKBA but should bring the relevant documents. If they have time to go to British embassy, of course, I would not suggest taking any other action. That seems fairly unlikely at this stage.


  • Registered Users, Registered Users 2 Posts: 1 yaryna


    If you are married to Irish citizen and if you are travelling with them by idea you do not need UK visa. BUT this is not a clear EU law, and UK still requests you to have a visa. However if you are travelling together with your Irish spouse it will be free for you. How to apply: you should go to their website and apply for an EEA family permit. Only this type of visa will be free for you.I think they give a multi visa for 6 months.
    If you will choose any other types of visa it will not be free for you.
    During the process of applying be sure to save your application form regularly as a window might pop out after a while giving you an option to log out in 30 seconds or keep you logged in, and for me personally when I pressed the option "keep me logged in" and went on to complete that, page the information did not save!!! And I had to re-do it all.
    The application form does take a long time in my opinion.
    They say usually the visa takes about 10 days.

    Hope it helps.


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  • Registered Users, Registered Users 2 Posts: 74 ✭✭m_hunter


    EEA family permit thing helps a lot!

    Many thanks!!!


  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    I have checked the website and now when i apply for a Family Member of an EEA National type of Visa, I am required to input an EEA National Registration Certificate number for the EEA National!!

    In order to obtain this EEA National Registration Certificate number for the EEA National I need to apply a separate application and pay 65£ fee!

    is this something new they decided to add or am i missing something??


  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    anyone ?


  • Registered Users, Registered Users 2 Posts: 737 ✭✭✭Chimichangas


    try a new thread?

    This one is a little old, july 2014.


  • Closed Accounts Posts: 74 ✭✭druidstone


    I am an Australian Citizen living in Ireland with my Irish husband, I have the Irish Residence Visa Stamp 4 and GNIB card.

    I flew over on my own to the UK for 1 week holiday to visit friends back in April 2015, without the need for any UK visa. My husband did not travel with me.

    I was required to show the officials my GNIB card along with my Aussie passport at the passport control at the UK Airport and once they saw my GNIB card, they stamped my passport and let me straight through, no problems at all.



  • Registered Users, Registered Users 2 Posts: 5,178 ✭✭✭killbillvol2


    druidstone wrote: »
    I am an Australian Citizen living in Ireland with my Irish husband, I have the Irish Residence Visa Stamp 4 and GNIB card.

    I flew over on my own to the UK for 1 week holiday to visit friends back in April 2015, without the need for any UK visa. My husband did not travel with me.

    I was required to show the officials my GNIB card along with my Aussie passport at the passport control at the UK Airport and once they saw my GNIB card, they stamped my passport and let me straight through, no problems at all.


    But you didn't need a visa to enter the UK as an Australian citizen in the first place?


  • Closed Accounts Posts: 74 ✭✭druidstone


    The UK immigration told me that I needed a visa as I've been to the UK more than twice in the same 12 month period.
    However, on producing my GNIB card, there were no more questions.

    The fact is, until I showed them my GNIB card, they were not going to let me through passport control when I landed in the UK, regardless of my Australian Citizenship.

    The point of my comment was not my citizenship, but my GNIB card and Stamp 4 which allowed me unrestricted entry and re-entry to the UK as the spouse of an Irish Citizen living in Ireland.


  • Registered Users, Registered Users 2 Posts: 9,208 ✭✭✭keithclancy


    druidstone wrote: »
    I am an Australian Citizen living in Ireland with my Irish husband, I have the Irish Residence Visa Stamp 4 and GNIB card.

    I flew over on my own to the UK for 1 week holiday to visit friends back in April 2015, without the need for any UK visa. My husband did not travel with me.

    I was required to show the officials my GNIB card along with my Aussie passport at the passport control at the UK Airport and once they saw my GNIB card, they stamped my passport and let me straight through, no problems at all.


    They should not have Stamped your passport when traveling on Stamp 4.

    Next time tell them not to stamp it, it just confuses immigration.

    Also, just show your INIS Card, that should be enough.


  • Closed Accounts Posts: 74 ✭✭druidstone


    OK thanks for the tip!

    Sometimes they like to make up their own rules LOL.


  • Registered Users, Registered Users 2 Posts: 1 JP 2015


    Maybe it is a bit old but it is very relevant as this is the latest complication invented by the UK visa people for an Irish citizen with a non - EEA family.

    4real - did you get any further in finding out about this - I've been scanning UK gov and other websites with absolutely no success on finding what this is about........

    Any info would be welcome or if there is another thread please let me know


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  • Closed Accounts Posts: 74 ✭✭druidstone


    They should not have Stamped your passport when traveling on Stamp 4.

    Next time tell them not to stamp it, it just confuses immigration.

    Also, just show your INIS Card, that should be enough.

    Hi Keith, apparently they are required to stamp my Aussie passport, because the number of days I remain outside of Ireland is relevant in calculating the date when I'll be eligible to apply for Irish Citizenship. It's a bit dumb though, because I can travel to the UK on the ferry at any time and my passport wouldn't be stamped at all.


  • Registered Users, Registered Users 2 Posts: 25 eskimo_undercov


    Hi all,

    The more I read, the more I'm confused.

    I'm non-Irish EU national, my wife is non-EU national and normally needs a visa to enter UK. We both reside permanently in Ireland.

    Does she need to apply for a visa if we want to go to UK for holidays? Or is producing her Stamp 4 GNIB card and Marriage Cert enough?

    Some sources, like europa.eu page, say that she will need a visa period. But forums like this is full of stories of non-EU nationals getting into UK without a visa. I wanted to call UK embassy and ask but there is no way to contact any UK visa authorities to ask questions. Or is there?

    Many thanks.


  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    Hi all,

    The more I read, the more I'm confused.

    I'm non-Irish EU national, my wife is non-EU national and normally needs a visa to enter UK. We both reside permanently in Ireland.

    Does she need to apply for a visa if we want to go to UK for holidays? Or is producing her Stamp 4 GNIB card and Marriage Cert enough?

    Some sources, like europa.eu page, say that she will need a visa period. But forums like this is full of stories of non-EU nationals getting into UK without a visa. I wanted to call UK embassy and ask but there is no way to contact any UK visa authorities to ask questions. Or is there?

    Many thanks.

    A Non-EU national married to EU national needs a EEA Family Permit - It is free but they need to apply for it in the embassy. My Non-EU Spouse is going for her appointment soon to apply for the visa.

    this is from the UK visa website:
    "An EEA family permit makes it easier and quicker to enter the UK. You might not get a boarding pass and could experience major delays without one.

    You may be refused entry into the UK if you don’t have an EEA family permit."

    More info: https://www.gov.uk/family-permit/overview


  • Registered Users, Registered Users 2 Posts: 2 oluwaloseyi


    Hello Guys,

    Please a friend of mine is really sick of his immigration situation at the moment and i chosed
    to help him by post on board.ie.

    He's a non EEA and married to an Irish citizen and they have 2 kids together which are Irish and British citizen,
    he has no Irish residence permit and they have decide to move to the United Kingdom.

    Please is he eligible to apply for EEA family permit/visa while he has no Irish residence permit in Ireland?
    Can he legally live in the UK with his family while he entered the UK without Visa?
    Can he also apply for a EU residence card in the UK? and won't be denied base on his entry procedure without a visa to the UK?

    Your response will be highly appreciated and thanks a million.


  • Registered Users, Registered Users 2 Posts: 2 oluwaloseyi


    Hello Guys,

    Please a friend of mine is really sick of his immigration situation at the moment and i chosed
    to help him by post on board.ie.

    He's a non EEA and married to an Irish citizen and they have 2 kids together which are Irish and British citizen,
    he has no Irish residence permit and they have decide to move to the United Kingdom.

    Please is he eligible to apply for EEA family permit/visa while he has no Irish residence permit in Ireland?
    Can he legally live in the UK with his family while he entered the UK without Visa?
    Can he also apply for a EU residence card in the UK? and won't be denied base on his entry procedure without a visa to the UK?

    Your response will be highly appreciated and thanks a million.


  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    Hello Guys,

    Please a friend of mine is really sick of his immigration situation at the moment and i chosed
    to help him by post on board.ie.

    He's a non EEA and married to an Irish citizen and they have 2 kids together which are Irish and British citizen,
    he has no Irish residence permit and they have decide to move to the United Kingdom.

    Please is he eligible to apply for EEA family permit/visa while he has no Irish residence permit in Ireland?
    Can he legally live in the UK with his family while he entered the UK without Visa?
    Can he also apply for a EU residence card in the UK? and won't be denied base on his entry procedure without a visa to the UK?

    Your response will be highly appreciated and thanks a million.

    First he must apply for a Stamp 4 GNIB card here in Dublin by taking an appointment in with INIS and then take his Irish Spouse with him, once he is registered then he can apply for a UK visa which will be granted to him free of cost, then they can travel to UK and when they arrive he can apply for UK Immigration and as a result he will receive a EUFAM card which means he can live and work freely in UK and also visit anywhere in EU on that card without any visa restrictions.


  • Registered Users, Registered Users 2 Posts: 10 Alibutt


    Miracle123 wrote: »
    Hi,

    I am a Non-EU Citizen in Ireland. My husband and my child both are EU (Irish) Citizen.
    I wish to apply for UK visa? Can anyone please help as in how long does it take for Visa process. As I have only 2 weeks before my intended travel.

    Hi just i want ask quick question did you visit uk with your family , beacuse i m getting through same problem just 2 weeks left to travel was it ok without visa to travel uk with irish citizens


  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    Alibutt wrote: »
    Hi just i want ask quick question did you visit uk with your family , beacuse i m getting through same problem just 2 weeks left to travel was it ok without visa to travel uk with irish citizens

    if you are flying into UK you could face problems as immigration will look for a visa for non-eu citizen at the airport even though you are travelling with Irish citizen.


  • Registered Users, Registered Users 2 Posts: 10 Alibutt


    Miracle123 wrote: »
    Hi,

    I am a Non-EU Citizen in Ireland. My husband and my child both are EU (Irish) Citizen.
    I wish to apply for UK visa? Can anyone please help as in how long does it take for Visa process. As I have only 2 weeks before my intended travel.
    What you reckin shall cancel my trip beacause i booked 2 days ago on ryan air they wont let me go through into country


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  • Registered Users, Registered Users 2 Posts: 961 ✭✭✭4real


    Alibutt wrote: »
    What you reckin shall cancel my trip beacause i booked 2 days ago on ryan air they wont let me go through into country

    its your decision, if you are going then carry your marriage certificate or proof of relationship with Irish citizen and then hope for the best.


  • Registered Users, Registered Users 2 Posts: 10 Alibutt


    Alibutt wrote: »
    Hi just i want ask quick question did you visit uk with your family , beacuse i m getting through same problem just 2 weeks left to travel was it ok without visa to travel uk with irish citizens

    I m not married with irish citizen i have got birth cirtificate of my irish citizen child , and both parents name mentioned on it , i was over stayed in uk aswell


  • Registered Users, Registered Users 2 Posts: 473 ✭✭lollsangel


    Alibutt wrote: »
    I m not married with irish citizen i have got birth cirtificate of my irish citizen child , and both parents name mentioned on it , i was over stayed in uk aswell

    If you were caught by immigration there i wouldnt chance it as they have you on record


  • Registered Users, Registered Users 2 Posts: 10 Alibutt


    4real wrote: »
    if you are flying into UK you could face problems as immigration will look for a visa for non-eu citizen at the airport even though you are travelling with Irish citizen.

    We are not married i have got irish child birth cirtificate and our both parents name mentioned on it other thing i was over stay in uk aswell would anything effect me ? Have you got any idea ?


  • Moderators, Science, Health & Environment Moderators Posts: 4,644 Mod ✭✭✭✭Daisies


    Alibutt wrote: »
    We are not married i have got irish child birth cirtificate and our both parents name mentioned on it other thing i was over stay in uk aswell would anything effect me ? Have you got any idea ?

    If you are not married and require a visa for the UK under normal circumstances then you will not be allowed into the UK now. What visa are you on in Ireland?


  • Registered Users, Registered Users 2 Posts: 10 Alibutt


    4real wrote: »
    if you are flying into UK you could face problems as immigration will look for a visa for non-eu citizen at the airport even though you are travelling with Irish citizen.

    I never got caught never been deported just i was over stayed and move to ireland i have stamp 4 irish resident permit basis of my irish citizen child


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  • Registered Users, Registered Users 2 Posts: 473 ✭✭lollsangel


    Alibutt wrote: »
    I never got caught never been deported just i was over stayed and move to ireland i have stamp 4 irish resident permit basis of my irish citizen child

    My partner got stopped a few years back over not havung a transit visa goung through one terminal to another. Interrogated over it and a rip near the photo on his passport. He was warned officially not to do it again.. if it was me id be getting the right paperwork sorted befire i go


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