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confusing /conflicting advice from visa lawyer in uk


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thai woman in uk is on an EEA permit residing obviously in uk ( belfast ) she has 10 year permanent residence. she wishes to fly from dublin ( eire ) to bkk.

i called law centre uk on her behalf to see if she was allowed out of northern ireland / uk to fly from dublin to bangkok law centre told me that she would need a schengen visa to enter ireland. ok fair enough

then i have been talking to one of her friends who is on exactly same visa as her eea permit with permanent residence in uk. her friend has flown 3 times from dublin to bangkok in past year.

my wife does not want to risk buying a ticket for her and children to fly from dublin only to be told by the airline that she cannot fly.

can someone advise please.

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The first, and most important, thing this law centre has got wrong is that Eire is not part of Schengen, they have their own visa regime, this calls into question the advice you have been given.

I'm not sure about the regulations for EU permit holders, but whilst Eire isn't in Schengen they are in the EU and those rules should apply, maybe Donutz can advise, but I'm pretty sure that an EU permit holder doesn't need a visa.

How is this lady travelling to Dublin?

If by air then some nationals need a transit visa, Thailand isn't one of those nationals, if by road there are no border checks, but I assume she would be concerned about the return trip.

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If she has an EEA permit it should read " family member of an EU/EEA citzen" not? Inwhich case she'd have visa free access.

Will she just be changing planes at Dublin's airport, not passing through immigration? No need for a visa either as their is no transit visa requirement.

If none of the above:

Will she travel by land to/from Dublin? Then I'd get a free visa just to save hassle and questions. Alternatively, be sure to travel with the EU spouse but boardingstaff (especially in BKK) may not know that this entitles them to travel together.

See here for visa info, and then the "Family member of EU citizen" paragraph.

http://www.citizensinformation.ie/en/moving_country/moving_to_ireland/coming_to_live_in_ireland/visa_requirements_for_entering_ireland.html

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

See also 7by7's post. smile.png

Edit: This bit made me laugh:

Holders of document called "Residence card of a family member of a Union citizen"

Family members of an EU citizen who are holders of a document called "Residence card of a family member of a Union citizen" as referred to in Articles 5 (2) and 10 (1) of Directive 2004/38/EC are not subject to an Irish visa requirement.

Please be advised that the Visa Offices /Irish Missions are not in a position to provide guidance or advice as to whether a particular card or document held is sufficient to exempt the person concerned from the visa requirement. It is however, open to the person concerned to contact the appropriate issuing authority of the relevant Member State for guidance or advice as to whether the card or document comes within the definition of the Directive, as implemented by that particular Member State.

In circumstances where a person is in anyway uncertain as to whether or not they are exempt from a visa requirement, then it remains open to the person to apply for a visa. Such an application from a family member of an EU Citizen will be dealt with in an accelerated fashion. Whether or not a visa should be applied for is a matter of choice for the person themselves.

Source: http://www.inis.gov.ie/en/INIS/Pages/Short%20Stay%20Visit%20(Family%20or%20Tourist)#Accompany_/_join_EU_citizen_under_Directive_2004/38/EC_on_the_right_of_citizens_of_the_Union_and_their_family_members_to_move_to_and_reside_freely_within_the_territory_of_the_Member_States

That's the long version, short version " we don't have a clue about Residence Cards issued under the Directive 2004/38/EC" . clap2.gifThai translation: "up to you".

Edited by Donutz
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If she has an EEA permit it should read " family member of an EU/EEA citzen" not? Inwhich case she'd have visa free access.

Unless it's changed very recently, permanent residence cards don't bear the words 'family member'. This creates a good deal of confusion.

Also, I am confused when you say "10 year permanent residence."

She either has permanent residence or 10 year residence; she can't have both.

The cards last 10 years, and I suspect this is the origin of the '10 year' part. However, I'm not sure at what point an absence of more than two years renders a permanent residence card invalid for immigration purposes. It's conceivable that it merely prevents it from being renewed. It's also entirely possible that a more rigorous check of nearly continuous residence will be made at the time of renewal.

It's also claimed that Ireland respects the 2004/38/EC Article 5(2) right of entry, for which a family member with a residence permit from one member state doesn't need to be accompanied by the relevant EEA national when entering another member state.

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If she has an EEA permit it should read " family member of an EU/EEA citzen" not? Inwhich case she'd have visa free access.

Unless it's changed very recently, permanent residence cards don't bear the words 'family member'. This creates a good deal of confusion.

Also, I am confused when you say "10 year permanent residence."

She either has permanent residence or 10 year residence; she can't have both.

The cards last 10 years, and I suspect this is the origin of the '10 year' part. However, I'm not sure at what point an absence of more than two years renders a permanent residence card invalid for immigration purposes. It's conceivable that it merely prevents it from being renewed. It's also entirely possible that a more rigorous check of nearly continuous residence will be made at the time of renewal.

It's also claimed that Ireland respects the 2004/38/EC Article 5(2) right of entry, for which a family member with a residence permit from one member state doesn't need to be accompanied by the relevant EEA national when entering another member state.

Sorry but my wife got her's last year in August from Munich, says

Residence Card of a Family Member of a Union Citizen

Edited by beano2274
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If she has an EEA permit it should read " family member of an EU/EEA citzen" not? Inwhich case she'd have visa free access.

Unless it's changed very recently, permanent residence cards don't bear the words 'family member'. This creates a good deal of confusion.

The cards last 10 years, and I suspect this is the origin of the '10 year' part. However, I'm not sure at what point an absence of more than two years renders a permanent residence card invalid for immigration purposes. It's conceivable that it merely prevents it from being renewed. It's also entirely possible that a more rigorous check of nearly continuous residence will be made at the time of renewal.

It's also claimed that Ireland respects the 2004/38/EC Article 5(2) right of entry, for which a family member with a residence permit from one member state doesn't need to be accompanied by the relevant EEA national when entering another member state.

I ofcourse meant "Residence Card" (issued under Directove 2004/38/EC, article 10). But atleast it seems likely that the OP was trying to indicate that this woman has such a card. Seems rather silly though -but I've read about it here before- that the UK does not state the "family member ofa Union citizen" on the card when you change your temporary one (which bears such text) for a permanent (indefinite?) one... Error, oversight, some evil master plan of UK authorities? tongue.png

Article 5.2 is confusing though, to the best of my knowledge the non-EU national who has an article 10 RC still needs a visa if they are not traveling with or going to join the EU/EEA national.

Sample story Spouse needs to obtain a visa when travelling alone

Brian, a South African national, resides in France with his Slovakian wife. Brian holds an EU family member’s residence card issued by France. As his wife is busy, Brian intends to visit his friends in Cyprus alone. As he will travel by himself, Brian needs to apply for a visa to travel to Cyprus.

Source: http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm

Which would be due to article 3.1:

This Directive shall apply 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 as defined in point 2 of Article 2

who accompany or join them
Edited by Donutz
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If she has an EEA permit it should read " family member of an EU/EEA citzen" not? Inwhich case she'd have visa free access.

Unless it's changed very recently, permanent residence cards don't bear the words 'family member'. This creates a good deal of confusion.

The cards last 10 years, and I suspect this is the origin of the '10 year' part. However, I'm not sure at what point an absence of more than two years renders a permanent residence card invalid for immigration purposes. It's conceivable that it merely prevents it from being renewed. It's also entirely possible that a more rigorous check of nearly continuous residence will be made at the time of renewal.

I ofcourse meant "Residence Card" (issued under Directove 2004/38/EC, article 10). But atleast it seems likely that the OP was trying to indicate that this woman has such a card. Seems rather silly though -but I've read about it here before- that the UK does not state the "family member of a Union citizen" on the card when you change your temporary one (which bears such text) for a permanent (indefinite?) one... Error, oversight, some evil master plan of UK authorities? tongue.png

Never attribute to malice that which is adequately explained by stupidity.

I've reread the directive, and I can't find any evidence that the rights evidenced by a "residence card", valid for up to 5 years and required by Article 10, are evidenced by a "permanent residence card", valid for 10 years and required by Article 20. I think this is an accidental omission. The ladies in the original post have cards with some '10 year' property, so I think they are permanent residence cards, not resident cards. I've heard of an airline check-in denying boarding because the word 'family member' was missing from a permanent residence card - the destination country subsequently confirmed that the airline was wrong.

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It's also claimed that Ireland respects the 2004/38/EC Article 5(2) right of entry, for which a family member with a residence permit from one member state doesn't need to be accompanied by the relevant EEA national when entering another member state.

Article 5.2 is confusing though, to the best of my knowledge the non-EU national who has an article 10 RC still needs a visa if they are not traveling with or going to join the EU/EEA national.

Sample story Spouse needs to obtain a visa when travelling alone

Brian, a South African national, resides in France with his Slovakian wife. Brian holds an EU family members residence card issued by France. As his wife is busy, Brian intends to visit his friends in Cyprus alone. As he will travel by himself, Brian needs to apply for a visa to travel to Cyprus.

Source: http://europa.eu/youreurope/citizens/travel/entry-exit/non-eu-family/index_en.htm
This site seems to be intended to be statement of current fact (a useful goal) rather than current law. For example, it says, "Residence permits issued by countries outside the Schengen area do not allow non-EU family members to travel visa-free to a Schengen area country". This may be largely true, but it is only the legal position in so far as national law is taken to be superior to EU directives.

However, I accept your correction.

Donutz claimed this would be due to article 3.1:

This Directive shall apply 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 as defined in point 2 of Article 2 who accompany or join them

I don't think this works as a direct limitation. For example, ex-family members frequently retain rights under the directive. Article 6(2) gives a right of residence for up to three months "to family members in possession of a valid passport who are not nationals of a Member State, accompanying or joining the Union citizen". Without Article 6(2), Article 5(2) need only give a useless right of residence for 5 milliseconds. I think it is Article 6(2) that requires the accompanying or joining of the relevant EU national for visa-free entry of non-EU family members.
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Hi

She is my wife. She is underr eea. She has got permanent residence stamp which is valid untill 2023. She is residing in belfast/uk. She wants to fly from dublin eire. She does not want to pay for tickets for her and child only to be turned away from flight.

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Well, Immigration Act 2004 (Visas) Order 2012 Section 3© says

[it is hereby declared that the following classes of non-nationals are specified as classes the members of which are not required to be in possession of a valid Irish visa when landing in the State:]

non-nationals who are family members of a Union citizen and holders of a document called Residence card of a family member of a Union citizen, as referred to in Article 10 of the Directive of 2004

On the basis of this I would say she does not need to drag you along.

There are two caveats:

  • The general view is that there is no requirement on Ireland to offer such a concession.
  • This assumes that the "permanent residence card" of a family member of a union citizen (issued under Article 20) is a residence card of a family member of a Union citizen.
In support of the assumption that Irish government regulations mean what they say, I offer this public service information quote from the Citizens Information Board

Who else can land in Ireland without a visa?

You do not need a visa to land in Ireland if:

  • You hold a valid travel document issued by one of the following countries in accordance with Article 28 of the Geneva Convention: Belgium, Czech Republic, Denmark, Finland, Germany, Iceland, Italy, Liechtenstein, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Romania, Slovak Republic, Spain, Sweden, or Switzerland.
  • You hold either a valid residence card 4 EU FAM or a valid permanent residence card 4 EU FAM issued by the Garda National Immigration Bureau under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (SI 656/2006).
  • You are a family member of an EU citizen and you hold a document called "Residence card of a family member of a Union citizen" as referred to in article 10 of Directive 2004/38/EC (pdf).

I also tried the public interface to the IATA Timatic database, describing the card once as a 'residence card' and the second time as 'permanent residence'. I described the passenger as a resident of the UK. They both indicated that she would be allowed to fly from Thailand to Ireland for a 1-day visit, which should be enough to get home from Dublin. There was no hint that her travelling companions were relevant. If you try the interface for yourself, don't try to log in as a VIP member unless you become one.

I'm sorry I can't be more helpful.

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you are very helpfull richard thankyou, but im still left confused, according to eire immigration rules she can fly ? but if airline is not aware of the laws etc what course of action does my wife have to get refund from airline if she is refused to board ?

can anyone clear this up please. thanks

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<snip>

if airline is not aware of the laws etc what course of action does my wife have to get refund from airline if she is refused to board ?

can anyone clear this up please. thanks

Depends on the particular airline's conditions of carriage; most (all?) airlines' say that it is the passenger's responsibility to ensure they have all the necessary visas etc.

So if your wife is refused boarding in Bangkok because she does not have an Irish visa she/you may have a long fight on your hands before you get any compensation.

Plus, of course, your wife will be stuck in Bangkok until the earlier of her finding an airline which will carry her without an Irish visa or her obtaining one!

So I reiterate my previous advice; I think she should get an Irish visa to be 100% sure.

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you are very helpfull richard thankyou, but im still left confused, according to eire immigration rules she can fly ? but if airline is not aware of the laws etc what course of action does my wife have to get refund from airline if she is refused to board ?

According to the wording of the rules both as stated by the Irish government and as advised to airlines by their trade association, IATA, a residence card for an EU family member issued by the UK will suffice. I went to the trouble of finding the IATA database because, for boarding, it is the IATA database that primarily matters. I recommend that you advise your wife to try this interface out under your watchful eye. Make her understand the key inputs. There are two things that could foul it up:
  • An unexpressed statement that the holder of a foreign resident permit must be accompanied by the relevant EU national (not sure how they would check in the case of a stepchild)
  • not accepting a permanent residence card for a family member as a residence card for a family member.
I know people have come unstuck on the second issue even when EU national and spouse are travelling together. Therefore I can't fault 7by7's note of caution. One thing that gives me some confidence in the public interface to the Timatic database is that it does say that a Thai holder of a family member's residence card issued by Italy would need either 1) an ordinary visa or 2) an EEA Family Permit issued by the UK and then to be travelling with or joining the EEA or Swiss national. On the other hand, the EEA documentation requirement if the residence card were issued by Germany is:

"Holders of a "Family Member" Residence Permit marked (Permanent) Residence Card of a Family Member of a Union Citizen" issued by Germany to family members of an EEA national or national of Switzerland, if traveling with or traveling to join the EEA national or national of Switzerland.

I am not sure of the process for suing the airline. There seems to be an accelerated process that is available in some cases, but it might only apply for travel within the EU.
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Depends on the particular airline's conditions of carriage; most (all?) airlines' say that it is the passenger's responsibility to ensure they have all the necessary visas etc.

So if your wife is refused boarding in Bangkok because she does not have an Irish visa she/you may have a long fight on your hands before you get any compensation.

Or access the Timatic database before and after such a disaster strikes to ensure that there is no requirement for an Irish visa. Unfortunately, dirtycash's wife has a permanent residence card, which might not be a residence card for a family member! A card issued under Article 10 should not be valid for more than 5 years! Check the wording carefully! Edited by Richard W
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In theory, the OP's wife should not have a problem; even if not travelling with him.

Outbound, she is unlikely to have her passport checked en route from Belfast to Dublin. So, even though her UK residence permit does not entitle her to enter the RoI without a visa unless travelling with or to join her husband (the CTA only applies to UK or Irish nationals and the Irish visa waiver programme only applies to those who hold a UK visa valid for 6 months or less) she is unlikely to have a problem. If she is travelling with the OP then she definitely should not have a problem provided she can satisfy Irish immigration, if required, that she is his wife and is travelling with or to join him.

On her return, even if he is not with her she will be travelling to join her husband, so should not have a problem as she has a residence permit which allows her entry to the UK and the EEA regulations will allow her entry to the RoI in order to continue her journey (I think!).

Except the OP has not told us his nationality. If he is Irish then the EEA regulations don't apply to her entering the RoI, she would come under the Irish immigration rules. Unless Surinder Singh may come into play, which I'm not sure it would as she and her husband live in the UK and her husband is not entering the Republic with her.

As can be seen, the more one thinks about this, the more complicated it becomes!

It could become even more complicated if her husband has dual British/Irish nationality and used his Irish nationality to obtain the EEA family permit for her to live in the UK! (No longer possible following a change to the EEA regulations.)

So, I recommend her getting an Irish visa; but if her husband, the OP, is Irish she may have to pay for it.

One further thought.

Is she flying Belfast to Dublin to Bangkok and vice versa on her return? If so, is she just transiting through Dublin and remaining airside throughout, i.e. not passing through Irish immigration?

If yes; no problem; as she will not be entering the Republic she does not need a visa.

Edited by 7by7
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Is she flying Belfast to Dublin to Bangkok and vice versa on her return? If so, is she just transiting through Dublin and remaining airside throughout, i.e. not passing through Irish immigration?

If yes; no problem; as she will not be entering the Republic she does not need a visa.

There are no direct flights between Belfast and Dublin so she has to enter and leave the airport and travel by road.

Etihad fly from Dublin to BKK for £419 return which I assume is the reason for wanting to route via Dublin.

However they offer the same flight at £519 from Belfast changing at Manchester.

Is the £100 saving worth the hassle of the drive to Dublin and back? Certainly not if you have to obtain a visa.

Edited by Jay Sata
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UPDATE.

just found this info on irish immigration website, might be helpfull for future cases.

https://www.dfa.ie/irish-embassy/great- ... -national/

Worth printing out a copy along with the airline tickets to avoid hassle checking in at Bangkok. I see no problems leaving Dublin as the airport is relaxed and easy going compared to the ridiculous procedures in the UK.

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Mr Sata,

As myself and others tried to get through to you the last time this subject came up; it is not leaving Dublin for Bangkok where any potential problems may arise; it is leaving Bangkok for Dublin!

Dirtycash, as your link sort of says, if uncertain then obtain a visa.

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The link sort of says the same as the link I provided. Some paragraphs are exactly the same. It too refers to RC's which state that one is a family member of an EU/EEA national. Which The UK has or isn't issueing to those with permanent residency... So it's the UK that is at fault here, creating room for confussion and misinterpretation by applicants, checkin staff and border staff. Most unfortunate. I'd still seriously condiser getting a free visa OR if that is complicated, carry a copy of the EU directive 2004/38 plus a copy of the marriage certificate (official documentation to show that you are married). That way staff at BKK could ring Irish borderguards and ask to confirm if the wife could pass through immigration.

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Mr Sata,

As myself and others tried to get through to you the last time this subject came up; it is not leaving Dublin for Bangkok where any potential problems may arise; it is leaving Bangkok for Dublin!

Dirtycash, as your link sort of says, if uncertain then obtain a visa.

You were suggesting she could stay airside however that is not possible as there are no direct flights to Belfast from Dublin.

It cannot be too difficult to contact Etihad to discover their policy on the situation as this is a popular route for those living in Northern Ireland. It is one of the few airlines offering a route to Bangkok avoiding a transit through the UK or Europe.

The confusion on this issue of free movement for spouses also applies to whether is necessary to obtain a Schenghen visa for EU countries.

See http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF

Dirtycash were the friends you mentioned using the Etihad flight? If so it appears the issue must arise on a regular basis checking back in at Bangkok for Dublin.

Edited by Jay Sata
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Mr Sata,

I asked if the OP's wife was transiting via Dublin and staying airside; you corrected me by stating that there are no direct flights between Belfast and Dublin; I checked and to my surprise found you were correct. So left it at that.

But what that has to do with the later post of mine which you quoted, only you know.

BTW, the link to the directive has already been posted by others earlier in the topic; and what Schengen visas have to do with it only you and the law centre mentioned in the OP know!

Now, please don't drag another thread off topic with yet another of your flights of fancy.

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What has Schengen got to do with any of this? (nothing) What matters is that the Thai spouse apparantly has no RC that states she is a family member of an EU/EEA national (allowing visa free travel if joining or traveling with the EU national) and that this needlessly complicates things. Irish borderstaff probably will let her through without much hassle, especially if the coupple can show that they are married and thus fall under the directive. The question is however if the airliner also knows that the wife will be allowed entry on all countries they stop (exit) and thus the carrier won't have to fear a denial at the border and being told to take the passenger back (at the airliners costs, plus a fine for the airliner awell).

Depending on wether the wife gets a (in theory needless) free visa, they may alsow wish to check with the airliner to see if they will let her board on the return trip.

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Thanks for conceding I was correct regarding the lack of flight. Dublin to Belfast. As it only takes two hours to drive it would not make sense to have flights.

I have used the Etihad flight from Dublin to Bangkok quite a few times and appreciate why those from the six counties would want to avoid the hassle of another flight via Manchester or London.

The airline Is the best source of info re check in at Suvarnabhumi for Dublin.

It would be nice if we could put this question to bed with a definable answer once and for all.

Edited by Jay Sata
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Thanks for conceding I was correct regarding the lack of flight. Dublin to Belfast. As it only takes two hours to drive it would not make sense to have flights.

I have used the Etihad flight from Dublin to Bangkok quite a few times and appreciate why those from the six counties would want to avoid the hassle of another flight via Manchester or London.

The airline Is the best source of info re check in at Suvarnabhumi for Dublin.

It would be nice if we could put this question to bed with a definable answer once and for all.

I concur. The definitive question would be:

"There is (in theory!!) no need for a visa, but is the airliner aware of this? did they confirm that they will let her board on the return flight?"

Though the real question is: why does the UK make things so complicated (unclear RC etc.)?! tongue.png

Edited by Donutz
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What has Schengen got to do with any of this?

Simply that Schengen, the British British Isles and the Irish British Isles are the three immigration units that have to wrestle with Article 5(2) of Directive 2004/38/EC. The issues are which cards to accept as substitutes for visas and when.
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What has Schengen got to do with any of this?

Simply that Schengen, the British British Isles and the Irish British Isles are the three immigration units that have to wrestle with Article 5(2) of Directive 2004/38/EC. The issues are which cards to accept as substitutes for visas and when.

You will open another can of worms if you refer to the "Irish British Isles but I take your point Richard.

Eire has taken a typically Irish stance on border control between North and South hence the lack of any

restrictions on road travel between the six counties and the republic creating in effect the same travel freedom as that enjoyed on the continent. As far as I know Etihad are the only major player offering one stop flights between Dublin and Bangkok and at a very competitive price. It stands to reason that this question must arise at Suvarnabhumi frequently.

Can I also point out that it is not airline staff but Thai handling agents who process passengers for the return leg. I have never heard of someone being allowed to fly the outbound leg but denied the return. Immigration in Dublin would process the Thai spouse as long as they had plenty of proof they were resident in Northern. Ireland and married to a UK/ Irish citizen.

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Can I also point out that it is not airline staff but Thai handling agents who process passengers for the return leg. I have never heard of someone being allowed to fly the outbound leg but denied the return.

That nearly happened to my wife once on LHR<->BKK when travelling with Royal Jordanian Airlines, though I don't remember the affiliation of the staff at check-in. At check-in they initially denied her boarding to return to England because her passport had a remaining validity of less than 6 months.

Also, when my wife checked in to fly from London Heathrow to Bangkok on Sunday, she only presented a pristine passport and stated that she resided in Britain. If she presented only that passport on return, I would be deeply impressed if she were properly allowed to board for the return flight. Until check-in, I believe the British government knew nothing of that passport.

Edited by Richard W
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