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British citizen living in Ireland visting UK with non-EU spouse

Forum to discuss all things Blarney | Ireland immigration

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mrworld9
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British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 9:11 am

Hi all,

I am a British citizen living in Ireland with non-EU spouse who has a permanent residence through the Withdrawal Agreement. We are planning to visit UK during the Easter period and I'm wondering if she needs a UK visa before we can travel together.

Please note that we travelled to the UK in 2018 without her needing a visa but I'm wondering if anything has changed since BREXIT.

I read only that the CTA (Common Travel Agreement) which British citizens still enjoy even after BREXIT does not cover their non-EU spouses. Based on that information, I applied for a 6-month visa for her yesterday and also booked an appointment with the Visa Application Center (TLS). Btw, those TLS people can rip you off!!

However, I stil would like to be enlightened by the knowledgeable people in the house if it was right for her to apply for UK visa OR if she can still travel to the UK without visa, especially when we will be travelling together. I would appreciate any official links that corroborate the facts.

Thank you in anticipation of your advice.

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alterhase58
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by alterhase58 » Sat Mar 18, 2023 9:22 am

mrworld9 wrote:
Sat Mar 18, 2023 9:11 am
non-EU spouse who has a permanent residence through the Withdrawal Agreement.
What is this exactly? EU Settled Status in the UK?
If she hold a valid EUSS under UK immigration rules then no visa required.
If not .... UK is now a 3rd country in relation to the EU and visa nationals need a visitor visa to enter the UK.
CTA is for British and Irish nationals only.
This is just my opinion as a member of this forum and does not constitute immigration advice.
Please do not send me private messages asking for advice.

alan1973
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by alan1973 » Sat Mar 18, 2023 9:33 am

mrworld9 wrote:
Sat Mar 18, 2023 9:11 am
Hi all,

I am a British citizen living in Ireland with non-EU spouse who has a permanent residence through the Withdrawal Agreement. We are planning to visit UK during the Easter period and I'm wondering if she needs a UK visa before we can travel together.

Please note that we travelled to the UK in 2018 without her needing a visa but I'm wondering if anything has changed since BREXIT.

I read only that the CTA (Common Travel Agreement) which British citizens still enjoy even after BREXIT does not cover their non-EU spouses. Based on that information, I applied for a 6-month visa for her yesterday and also booked an appointment with the Visa Application Center (TLS). Btw, those TLS people can rip you off!!

However, I stil would like to be enlightened by the knowledgeable people in the house if it was right for her to apply for UK visa OR if she can still travel to the UK without visa, especially when we will be travelling together. I would appreciate any official links that corroborate the facts.

Thank you in anticipation of your advice.
No, you don't need UK visa.
I was in same situation as you are before, as long as she|(he) goes with you (british citizen), custom has to let you go. this was confirmed by Irish immigration officer and UK border control.
One time i was stopped by UK border and I was told I must go with my british wife, anyway they let me cross the border finnaly.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 10:06 am

Thanks @alan1973.

Was this post BREXIT? Thank you.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 10:13 am

alterhase58 wrote:
Sat Mar 18, 2023 9:22 am
mrworld9 wrote:
Sat Mar 18, 2023 9:11 am
non-EU spouse who has a permanent residence through the Withdrawal Agreement.
What is this exactly? EU Settled Status in the UK?
If she hold a valid EUSS under UK immigration rules then no visa required.
If not .... UK is now a 3rd country in relation to the EU and visa nationals need a visitor visa to enter the UK.
CTA is for British and Irish nationals only.

Thanks @alterhase58.

We live in Ireland and my wife is on the EU Spouse Status under the Withdrawal Agreement. I hope this explains our situation better.

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CR001
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by CR001 » Sat Mar 18, 2023 10:17 am

Based on your previous posts, your spouse/child are Nigerian?

They need a visa to visit the UK.

Please always bear in mind that the UK and Rep of Ireland share immigration information.
Char (CR001 not Casa)
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Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 10:27 am

CR001 wrote:
Sat Mar 18, 2023 10:17 am
Based on your previous posts, your spouse/child are Nigerian?

They need a visa to visit the UK.

Please always bear in mind that the UK and Rep of Ireland share immigration information.
You are correct! But I believe the same thing should apply to all non-EU spouses regardless of the country of nationality.

Like I mentioned earlier, we travelled together in 2018 without her needing a UK visa. Did this change after BREXIT? Thank you.

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CR001
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by CR001 » Sat Mar 18, 2023 10:33 am

But I believe the same thing should apply to all non-EU spouses regardless of the country of nationality.
Not all nationalities require a pre-approved visa. Many get a visa on arrival, ie. New Zealand, Australia, USA etc.
Like I mentioned earlier, we travelled together in 2018 without her needing a UK visa.
That was obviously pre-Brexit when the UK was still part of the EU.
Did this change after BREXIT?

Yes obviously as the UK is no longer part of the EU.
Char (CR001 not Casa)
In life you cannot press the Backspace button!!
Please DO NOT send me a PM for immigration advice. I reserve the right to ignore the PM and not respond.

meself2
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by meself2 » Sat Mar 18, 2023 10:43 am

mrworld9 wrote:
Sat Mar 18, 2023 10:27 am
You are correct! But I believe the same thing should apply to all non-EU spouses regardless of the country of nationality.
The fact that she's a nonEU spouse of a British citizen doesn't play any role on her right to be in the UK on its own, so same thing applies to spouses, just not in the good way. It depends on spouse's personal documents.
Like I mentioned earlier, we travelled together in 2018 without her needing a UK visa. Did this change after BREXIT? Thank you.
Yes.
Before, as a spouse of someone exercising EU treaty rights and accompanying them, she was able to use EU free movement directive and go without a visa. Now it's gone.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 1:20 pm

CR001 wrote:
Sat Mar 18, 2023 10:33 am
But I believe the same thing should apply to all non-EU spouses regardless of the country of nationality.
Not all nationalities require a pre-approved visa. Many get a visa on arrival, ie. New Zealand, Australia, USA etc.
Like I mentioned earlier, we travelled together in 2018 without her needing a UK visa.
That was obviously pre-Brexit when the UK was still part of the EU.
Did this change after BREXIT?

Yes obviously as the UK is no longer part of the EU.

Thanks a million for the detailed explanation, @CR001. Much appreciated.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 1:21 pm

meself2 wrote:
Sat Mar 18, 2023 10:43 am
mrworld9 wrote:
Sat Mar 18, 2023 10:27 am
You are correct! But I believe the same thing should apply to all non-EU spouses regardless of the country of nationality.
The fact that she's a nonEU spouse of a British citizen doesn't play any role on her right to be in the UK on its own, so same thing applies to spouses, just not in the good way. It depends on spouse's personal documents.
Like I mentioned earlier, we travelled together in 2018 without her needing a UK visa. Did this change after BREXIT? Thank you.
Yes.
Before, as a spouse of someone exercising EU treaty rights and accompanying them, she was able to use EU free movement directive and go without a visa. Now it's gone.

Thanks @meself2. We have applied anyway and hope the visa will be ready for the Easter trip. Cheers

alan1973
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by alan1973 » Sat Mar 18, 2023 3:30 pm

mrworld9 wrote:
Sat Mar 18, 2023 10:06 am
Thanks @alan1973.

Was this post BREXIT? Thank you.
yes, after BREXIT.
you may get lots of confusing info around, but they may not true.
i have daughter working in UK, so i travel between offenly. I went to irish immigration office and ask them this question, the answer is very simple: go with your british wife, no problem. go alone, a little bit trouble but as long as good reason given, should be okay but not advised (somebody was deported back from UK before).
As I mentioned, I was stopped before by UK border, a couple of questiones and told me that: you must come to UK with your wife, otherwise they have right to deport me. anyway, they let me pass eventually.
I held a 10 year IRP. ( now irish citizen, so no trouble any more)
Hope this can help.

mrworld9
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Re: British citizen living in Ireland visting UK with non-EU spouse

Post by mrworld9 » Sat Mar 18, 2023 9:11 pm

alan1973 wrote:
Sat Mar 18, 2023 3:30 pm
mrworld9 wrote:
Sat Mar 18, 2023 10:06 am
Thanks @alan1973.

Was this post BREXIT? Thank you.
yes, after BREXIT.
you may get lots of confusing info around, but they may not true.
i have daughter working in UK, so i travel between offenly. I went to irish immigration office and ask them this question, the answer is very simple: go with your british wife, no problem. go alone, a little bit trouble but as long as good reason given, should be okay but not advised (somebody was deported back from UK before).
As I mentioned, I was stopped before by UK border, a couple of questiones and told me that: you must come to UK with your wife, otherwise they have right to deport me. anyway, they let me pass eventually.
I held a 10 year IRP. ( now irish citizen, so no trouble any more)
Hope this can help.

Thank you @alan1973. I realy appreciate your contribution. For the benefit of others in similar situation, I will come back here after the trip to share our experience with the immigration officers. Cheers.

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