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Uk/Irish National and US Citizen Residency application.

Forum to discuss all things Blarney | Ireland immigration

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Cyurs87
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Joined: Wed Dec 24, 2014 10:21 pm

Uk/Irish National and US Citizen Residency application.

Post by Cyurs87 » Wed Dec 24, 2014 10:45 pm

So I am a UK Citizen and Resident, but I hold dual citizenship with Ireland due to being Born in Northern Ireland. I currently hold both UK and Irish Passports.

Myself and my Fiancee are planning on moving and settling in Ireland. We already have a house, and plans for income. We are getting married in Northern Ireland in March and intend for her to apply for her one year residency once we have tied the knot.

The process is a little confusing as stated on the INIS website and could do with a little clarification.

It states there are 2 ways to apply:

"A). If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain in the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration office with the following documentation:
Your original marriage/civil partnership certificate
Your original passport
Your Irish spouse’s/civil partner’s original passport
Evidence of your joint address
"

Which as far as I understand means that whilst we are there on the 3 month visa waiver we can apply in person at the "Garda National Immigration Bureau" with only 4 documents? Which seems like a much less complicated option than Option B:

"B). If you do not have current permission to remain in the State a written application must be made to the following address:

Spouse of Irish National Unit, Residence Division,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.

The following original documentation should be included with your application:
Cover note signed by the applicant and Irish spouse/civil partner (sponsor) applying for residency in the State arising from marriage/civil partnership to an Irish national
Details of your immigration history in this State
Your current legal status
Your original marriage/civil partnership certificate
Detailed information regarding your relationship history and the context in which your marriage/civil partnership took place
Evidence of your current address of your joint habitual residence
Your original passport and birth certificate
Your Irish spouse’s/civil partner’s original passport and birth certificate
Divorce papers from applicant (if applicable)
Other supporting documentation – photograph
Evidence of Private Medical Insurance in respect of non EEA national
Evidence showing that Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of "Policy Document on Non-EEA Family Reunification" available on INIS website www.inis.gov.ie (e.g. P60s for last 3 years, financial statements, P21 Revenue Commissioner statements, pay slips, financial accounts, etc – this list is not exhaustive)
Accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer (if applicable) or Tax Credit form from the Revenue Commissioners
"

This is more what I would expect from a residency application? So what I need really is clarification as to whether we will indeed only need to do Option A, or am I misreading and we do indeed need to apply via option B? or even A and B?

My other concern is if Option A is a viable application option is she will only have 90 days in Ireland...and the website states it can take up to 12 months for an application do be processed, is this a massive over estimation or is it simply that she must leave the country as she waits for her application to go through?

She does not have an employer as she has plenty of money to sustain herself.

Thanks, this is a very confusing application. Any clarification would be appreciated.

atkin
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Posts: 23
Joined: Fri Jul 10, 2009 1:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by atkin » Sun Jan 18, 2015 10:54 am

Hi,
I am in a similar position . I tried the Immigrant Council and INIS for info on this and it is all very vague .I doubt if an Immigrant solicitor would be able to provide some clarity either . I do not like the idea of posting all the documents and passports as they suggest in option B ! I have a feeling they could deport .
What is annoying is that a refugee or leave to remain has more rights . This could be be made a political issue with a local TD or a Judicial Review but it would cost unless you could get free legal aid .

mumairsharif
Newbie
Posts: 33
Joined: Sat Nov 01, 2014 11:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by mumairsharif » Sun Jan 18, 2015 1:39 pm

It's depends on your fiancée nationality & visa status.

atkin
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Posts: 23
Joined: Fri Jul 10, 2009 1:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by atkin » Sun Jan 18, 2015 2:00 pm

My Partner is a Filipino national non EU and has a visa for a civil partnership in the UK.

mumairsharif
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Posts: 33
Joined: Sat Nov 01, 2014 11:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by mumairsharif » Sun Jan 18, 2015 2:35 pm

The law is simple & you don't need an immigration lawyer to interpret it.
If she has permission to stay in Ireland, then you can go to garda station & get her passport stamped.
If she don't then you have to apply with all these documents.

Permission to stay doesn't mean visit visa (c category visa )

atkin
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Posts: 23
Joined: Fri Jul 10, 2009 1:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by atkin » Sun Jan 18, 2015 3:38 pm

The real question is what happens if you send all the documents to INIS as is stated on their website.

mumairsharif
Newbie
Posts: 33
Joined: Sat Nov 01, 2014 11:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by mumairsharif » Sun Jan 18, 2015 11:00 pm

You have to apply while from UK/Northern Ireland & not from Republic of Ireland.

atkin
Newly Registered
Posts: 23
Joined: Fri Jul 10, 2009 1:54 pm

Re: Uk/Irish National and US Citizen Residency application.

Post by atkin » Mon Jan 19, 2015 9:31 am

I guess it would be the safer option.

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