NiallPP wrote: ↑
Thu Aug 12, 2021 1:06 pm
Bit of an unusual issue this one.
My spouse is a NON-EU citizen here on the Stamp 4 EU-FAM card based on my UK citizenship. He's applied for Irish citizenship in 2020 and we were hoping that this might happen before the end of 2021 to avoid having to make the change with the IRP card. It might still happen but given recent delays it seems maybe not and I believe there is only until the end of the year to put in for the card replacement programme.
So the issue is that the Card replacement application asks for the current passport of the British Citizen the permission is dependent on. While I remain a British Citizen my current passport has expired earlier this year and I wasn't intending to renew it given I now have an Irish passport. Is there any way around having to renew my UK passport to fulfil this criteria?
Alternatively since I am now an Irish passport holder can the permission be changed to a standard Stamp 4? Or would this be more complicated.
Any advice on this issue much appreciated.
The EU Treaty Rights require the person to have an ID that identifies their citizenship. For UK citizens, because there is no national ID, a valid passport is the only acceptable proof. You could attach both the expired British passport and your up-to-date Irish passport, along with a cover letter that explains the situation, but I doubt if they would accept it (as the spouse's permission is dependent on you having a valid British passport).
And yes you can change it to a standard Stamp 4. If you live in Dublin, just create an online renewal application and in the comments section indicate that you are now an Irish citizen and wish to sponsor your spouse under domestic Stamp 4 route. If you live outside of Dublin, call/email your local immigration Garda station to book an appointment.
Keep in mind that a normal Stamp 4 comes with fewer rights and more obligations (e.g. the holder can only stay abroad for 3 instead of 6 months; the holder's sponsor must be able to demonstrate that they have earned 40K over the past 3 years; the holder must renew it every 3 years etc; the holder is always 'dependent' on the sponsor whereas Stamp 4EUFAM holders become independent after 5 years etc).
Of course, if he has already applied for citizenship and he doesn't have anything that may negatively impact his application, go for a normal Stamp 4 is the easier option.