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SolicitorRM
SolicitorRM, Solicitor
Category: Law
Satisfied Customers: 2752
Experience:  Director and Principal Solicitor. UK
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Jo Assistant: Where is this? It matters because laws vary by

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Hi Jo
Assistant: Where is this? It matters because laws vary by location.
Customer: I'm a Ukrainian citizen with a UK issued eea family member residence card based on retained right of residence and I also had a pre settled status trying to travel to Ireland and getting refused by the airline based on the fact that I'm not travelling with or joining a partner even though he's my ex husband and the card is issued on that basis
Assistant: What steps have you taken? Have you filed any paperwork with the UK government? What country do you live in? What is your citizenship?
Customer: I'm in the UK
Assistant: Have you talked to a lawyer about this?
Customer: I'm trying to now
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Customer: replied 11 days ago.
Is there any evidence I can provide quickly to reassure them

Hi thank you for your enquiry and your patience. I am reviewing the information now for you

Customer: replied 11 days ago.
Thank you!
Customer: replied 11 days ago.
Tho boarding is soon so I'd really appreciate some advice :)

Regrettably that is one tricky situation with the retained right of residence. It is only applicable to you to live in the EEA country that granted it to you and in your case England, Wales and N.Ireland. The Republic of Ireland will want you to be travelling with the EEA family national or to be joining them in Ireland. You simply have to appeal to their understanding and to explain that you are no longer together and cannot travel together but whether they let you on flight wiill depend solely on their discretion. I am really sorry I do not have good new but i have to give you accurate guidance otherwise they let you in and you are deported at the port of entry when you get to ireland which is worse.

Customer: replied 11 days ago.
Thank you so are you'd saying in legal terms I'm not allowed to enter Ireland for a visit and the airline is correct?

The position is that if you are not an EEA national you must have a valid visa to enter a specific country. If you are a family member of an EEA national you ought to travel with them or to joing them. The Irish department of justice confirms that with your residence card or confirmation in a member state you may use it to accompany or join your family member in Ireland. so the airline is correct i am afraid in this case. I am sorry

Customer: replied 11 days ago.
Thank you, and is my EU pre settled status not helpful either?
Customer: replied 11 days ago.
Thank you for your help!

It doesnt sorry because that is a national scheme for England, Wales and Scotland and N.Ireland which is a policy decision to facilitate settlement of eea nationals and their families after Brexit. It is not an EEA wide policy and Ireland will not have an obligation to recognise it. The only way you will not need to travel with the EEA family member is if after your settled status you acquire british citizenship.

SolicitorRM and other Law Specialists are ready to help you

No worries at all, I am glad I could help. If it is not too much trouble I would be grateful if you can rate my assistance by clicking on the row of stars at the top as that is the only feedback the JA system can pick up automatocally.