The Short Stay Visit in Ireland for a family member of an EEA Citizen on the basis of the EU directive protects the rights of family member of EEA Citizen. Contact Visa Online Assistance at www.visaonlineassistance.com for your visa assistance to Ireland for more information.

1. Non- EEA family member of
EEA Citizen on the basis
Directive 2004/38/EC (Free Movement
Directive)
www.visaonlineassistance.com

2.  A client from the Philippines is married to an Irish
Citizen for a year and would want to join his husband
in Ireland, but due to the financial requirements of
17.2 of the eligibility of the sponsorship criteria of the
family reunification policy document 2013. As stated
the sponsor must over a three year period prior to
application have earned a cumulative gross income
over and above any State benefit of not less than
40,000 Euro, but due to the previous circumstances
of the sponsor where he has not able to earn and
provide evidence of such documents of earning either
as employed or self employed and never access any
social benefit in the State by that time, therefore it
would a been difficult for him to meet such eligibility
for him to sponsor his immediate family member
(spouse) to join him in Ireland under the prevailing
Ireland national visa laws as such above.

3.  In addition to this, because he is also a British
Citizen and he had exercise his Euro Treaty
Rights for living in Bulgaria and the UK for a
while and now returning to Ireland, pursuant to
the directive - The Directive applies to all Union
citizens who move to or reside in a Member
State other than that of which they are a
national, and to their family members who
accompany or join them. (Article 3 of Directive
2004/38/EC). The wife may apply for a single
journey short-stay C visa which will permit her
to enter and reside in the State for up to 3
months (or more), and apply for the residence
card of a family member of a Union Citizen upon
entering into the state, on which the residence
card may be issued in less than 6 months upon
filing the application with supporting documents.

4.  It should be noted that when the spouse applies for the
short stay “C” visa, in considering for the type of visa when
applying, an applicant would essentially state in the
application clearly that he/she is a family member of an EU
citizen who wants to exercise the free movement rights
under the directive. Also, please note the merits of the
application will not be subject to an excessive demand of
ruling when assessing the application i.e., social, economic,
or professional ties of her/his country of residence, as again
we refer to the context of Regulations Directive 2004/38/C
as outlined in Articles 5(2) and 10(1), as below;
 (2). Family members who are not nationals of Member
State shall only be required to have an entry visa in
accordance with Regulation (EC) No 539/2001 or, where
appropriate, with national law. For the purpose of this
Directive, possession of the valid

5.  residence card referred to in Article 10 shall exempt such
family members from the visa requirement.
 (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” no later than
six months from the date on which they submit the
application. A certificate of application for the residence
card shall be issued immediately.
 However, application for this type of visa will be assessed
on an individual basis, circumstances and evidentiary
documents pursuant to the European Communities (Free
Movement of Persons) (No. 2) Regulations 2006, for the
permission for permitted family members of Union citizens
to enter the State. The Application may also subject for the
refusal on the following grounds;

6.  (4) Without prejudice to any rights or entitlements which a permitted family member may have, on an
individual basis, under these Regulations, a permitted family
member may not be refused permission to enter the State unless –
 (a) following the examination referred to in paragraph (2), the
Minister is not satisfied that the person concerned is a permitted
family member,
 (b) he or she is suffering from a disease specified in Schedule 1, or
 (c) his or her personal conduct has been such that it would be
contrary to public policy or would endanger public security to grant
him or her permission to enter the State.
 (5) Where the Minister refuses permission to enter the State
pursuant to paragraph (4), he or she shall notify the person
concerned of the reasons for such refusal.
 Source: INIS