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Bringing US partner to N.Ireland/ROI via EEA

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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Frostb1te
Newly Registered
Posts: 1
Joined: Thu Jan 15, 2015 6:10 am

Bringing US partner to N.Ireland/ROI via EEA

Post by Frostb1te » Thu Jan 15, 2015 6:58 am

Hello everybody,

I have been on many forums so I know everybody likes new members to do their searching, but trust me, I've lurked for a significant period!

Background:
[*]We met one day after she arrived in Ireland (been together since) on her passport
[*]We have travelled out of the UK together to Portugal (she wasn't supposed to leave, oops! UKBA weren't impressed haha) and back, as well as recently travelling to the United States
[*]At the end of her 6 month stay in the UK, I returned to the U.S.A in December for the first time via the Visa Waiver Program
[*]We want to be situated either in the UK, ROI or USA. We are interested in marrying here in the United States so that I can AOS. I would stay here if I got a green card. McCarthy ruling certainly makes things confusing and awkward (maybe even prejudice)

Her:
[*]U.S Citizen
[*]19 years old
[*]Student
[*]She has a small poodle dog, as much as part of family as us so any benefits to him (if any) in regards to Pet Passports would be interesting to hear of

Me:
[*]I have never applied for an Irish passport and have not exercised my rights as an Irish citizen. I am aware I cannot exercise the EEA treaty without actually having worked in such EU state, which I know I could actually still do at this stage
[*]20 years old
[*]Student

Specific questions I would love some advice on as we have been at eachother this entire night and ain't nobody got time fo dat
1 - Are there any relevant difference in marrying in the U.S, as compared to the UK or Republic of Ireland even, specifically in regards to the EEA Family Permit or similar? E.g Will marrying in the U.S help with my i-485 application we wish to file in the next few weeks? Have worked for a U.S company in the past Cisco Systems Inc.

2 - She can travel TO the EEA state (e.g Republic of Ireland) with me whilst I work and we live together for 3 months, and then exercise my rights in compliance with EEA?

3 - I am considering not mentioning my British passport on the EEA Family Permit application. How will they know otherwise? It is a risk, albeit a cheap one if reapplying is possible. It sounds more convenient than attempting to revoke British Citizenship as I hear that is difficult and time consuming.

4 - Suggestions on countries that would be suitable for a married couple like us, in terms of easier access than some (UK & US)? We have been looking hard at Australia, which seems to be a solid option as my sibling lived there. They are fairly open for immigrants coming to work or study for 1 year.

5 - It is possible to remain in the U.S whilst I wait for the decision of i-485, correct? I am provided a temporary SSN upon approval before the official green card is sent out/collected, correct?

Sorry for the bonus U.S questions but I think it is better here than in another thread :mrgreen:

Kindest regards,
Frostb1te (totally referencing to the little lad that went viral.. N.I/ROI people will understand)

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Re: Bringing US partner to N.Ireland/ROI via EEA

Post by chaoclive » Thu Jan 15, 2015 3:58 pm

Frostb1te wrote:
2 - She can travel TO the EEA state (e.g Republic of Ireland) with me whilst I work and we live together for 3 months, and then exercise my rights in compliance with EEA? YES; THIS IS TRUE; HOWEVER SEE BELOW.

3 - I am considering not mentioning my British passport on the EEA Family Permit application. How will they know otherwise? It is a risk, albeit a cheap one if reapplying is possible. It sounds more convenient than attempting to revoke British Citizenship as I hear that is difficult and time consuming. IF YOU ARE GOING TO EXERCISE YOUR TREATY RIGHTS IN THE UK AS AN IRISH CITIZEN IN THE UK AND HAVE YOUR PARTNER APPLY FOR A RESIDENCE CARD THEN YOU WILL FAIL AS THEY WILL SEE FROM YOUR IRISH PASSPORT THAT YOU WERE BORN IN NI (WHICH NORMALLY MEANS THAT YOU HAVE BRITISH CITIZENSHIP, LIKE IT OR NOT) THEN THEY CAN CHECK YOUR RECORDS AND WILL FIND OUT; YOU DON'T NEED TO TELL THEM. SEE HERE FOR ONE OF MY FOI REQUESTS: https://www.whatdotheyknow.com/request/ ... ment-45902 WHICH STATES THIS CLEARLY)


IF YOU PLAN TO EXERCISE TREATY RIGHTS IN THE ROI AND THEN RETURN TO NI (UK) TO LIVE AND WORK, THIS SHOULD BE FINE AS LONG AS YOU HAVE NEVER ACTIVATED YOUR RIGHT TO IRISH CITIZENSHIP. IRISH CITIZENSHIP CAN'T BE FORCED ON EVERYONE IN NI. IF YOU CHOOSE THIS ROUTE, YOU SHOULD BECOME FAMILIAR WITH SURINDER SINGH.
I haven't read your whole post as a lot of it lies outside my circle of knowledge/experience and I wasn't really clear about what you want to do in terms of exercising treaty rights (e.g. in the UK/in Ireland as British/Irish). This is a UK forum focused on EEA applications. I don't know anything about Oz/US and would suggest that you put those posts in another suitable forum/thread.

BTW: you would not 'revoke' British citizenship; you would 'renounce' and it's not difficult, although it can take about 3 months. I have done this.

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