Identity Card & EU Citizens

It is important if you are a Non-European Economic Area passport holder, who is also an EU citizen, to bring with you your EU member state national Identity Card to produce to the Immigration Officer when arriving in Ireland.

Identity Card & EU Citizens

If such a person does not have an Identity Card, it can lead to confusion at immigration control.

An Immigration Officer has the power to refuse entry into the state under S.4 of the Immigration Act 2004 and there is an onus on the person to assert his/her rights to establish their identity and nationality.

Permission to enter can be refused, for example, if the immigration officer believes the non-national intends to enter the state for a purpose other than explained by the non-national.

The state authorities can arrest and detain a person under Section 5 of the Immigration Act 2003 who has been refused permission to enter the state under S. 4 above-mentioned.

Applying for the Identify Card before you leave for Ireland can assist you when you have to produce documents for immigration services.

If the state intended to remove the person from the state, interim injunction legal proceedings may be appropriate.

If the person was a citizen of France, for example, the French embassy in Dublin may need to be contacted to confirm the person’s citizenship, but if the person had the EU member state Identity Card this would not be necessary.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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