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The OP is asking if he is on the right path without it affecting the citizenship of the spouse given himself being a dual national. This has nothing to do whether he suddenly wants to change Stamp because I don’t think that’s the case here.
If UK wont allow eu citizens then simply Ireland will refuse British national too, u think till now they have any solution for Brexit.shpirtshqipe wrote: ↑Thu Mar 28, 2019 11:04 pmThe OP is asking if he is on the right path without it affecting the citizenship of the spouse given himself being a dual national. This has nothing to do whether he suddenly wants to change Stamp because I don’t think that’s the case here.
Recent INIS guidance suggests that irrespective of a Deal or No-deal Brexit scenario the rights of family members of EU Citizens who hold EUFAM through a British Citizen will not be affected. Either way you’re covered so I wouldn’t think it is necessary to change your Stamp at present.
See link:
ireland/new-for-eufam-stamp-holders-of- ... 76947.html
Best Regards
I’m afraid you are confusing the matter here. The link I included with my last reply explains it in black and white. Current applicants or up to the last second the UK is a still officially an EU member the rights of the family members of UK Citizens living in Ireland, exercising Freedom of Movement will not be affected.Finepaddy wrote: ↑Mon Apr 15, 2019 3:05 pmIf UK wont allow eu citizens then simply Ireland will refuse British national too, u think till now they have any solution for Brexit.shpirtshqipe wrote: ↑Thu Mar 28, 2019 11:04 pmThe OP is asking if he is on the right path without it affecting the citizenship of the spouse given himself being a dual national. This has nothing to do whether he suddenly wants to change Stamp because I don’t think that’s the case here.
Recent INIS guidance suggests that irrespective of a Deal or No-deal Brexit scenario the rights of family members of EU Citizens who hold EUFAM through a British Citizen will not be affected. Either way you’re covered so I wouldn’t think it is necessary to change your Stamp at present.
See link:
ireland/new-for-eufam-stamp-holders-of- ... 76947.html
Best Regards
Confuse how ? I m explaining situation after Brexit I didn't say anything about current applications.shpirtshqipe wrote: ↑Mon Apr 15, 2019 9:52 pmI’m afraid you are confusing the matter here. The link I included with my last reply explains it in black and white. Current applicants or up to the last second the UK is a still officially an EU member the rights of the family members of UK Citizens living in Ireland, exercising Freedom of Movement will not be affected.Finepaddy wrote: ↑Mon Apr 15, 2019 3:05 pmIf UK wont allow eu citizens then simply Ireland will refuse British national too, u think till now they have any solution for Brexit.shpirtshqipe wrote: ↑Thu Mar 28, 2019 11:04 pmThe OP is asking if he is on the right path without it affecting the citizenship of the spouse given himself being a dual national. This has nothing to do whether he suddenly wants to change Stamp because I don’t think that’s the case here.
Recent INIS guidance suggests that irrespective of a Deal or No-deal Brexit scenario the rights of family members of EU Citizens who hold EUFAM through a British Citizen will not be affected. Either way you’re covered so I wouldn’t think it is necessary to change your Stamp at present.
See link:
ireland/new-for-eufam-stamp-holders-of- ... 76947.html
Best Regards
Of course once the UK is officially out of the Union (let’s assume for the purpose of this discussion UK leaves in October 2019) any applications thereafter (November 2019 onwards) as a family member of UK Citizen will no longer be eligible to use the Freedom of Movement Rights since they [UK Citizen] will become Non-EU Members.
Best Regards
Very simple.Finepaddy wrote: ↑Tue Apr 16, 2019 2:06 pmConfuse how ? I m explaining situation after Brexit I didn't say anything about current applications.shpirtshqipe wrote: ↑Mon Apr 15, 2019 9:52 pmI’m afraid you are confusing the matter here. The link I included with my last reply explains it in black and white. Current applicants or up to the last second the UK is a still officially an EU member the rights of the family members of UK Citizens living in Ireland, exercising Freedom of Movement will not be affected.Finepaddy wrote: ↑Mon Apr 15, 2019 3:05 pmIf UK wont allow eu citizens then simply Ireland will refuse British national too, u think till now they have any solution for Brexit.shpirtshqipe wrote: ↑Thu Mar 28, 2019 11:04 pm
The OP is asking if he is on the right path without it affecting the citizenship of the spouse given himself being a dual national. This has nothing to do whether he suddenly wants to change Stamp because I don’t think that’s the case here.
Recent INIS guidance suggests that irrespective of a Deal or No-deal Brexit scenario the rights of family members of EU Citizens who hold EUFAM through a British Citizen will not be affected. Either way you’re covered so I wouldn’t think it is necessary to change your Stamp at present.
See link:
ireland/new-for-eufam-stamp-holders-of- ... 76947.html
Best Regards
Of course once the UK is officially out of the Union (let’s assume for the purpose of this discussion UK leaves in October 2019) any applications thereafter (November 2019 onwards) as a family member of UK Citizen will no longer be eligible to use the Freedom of Movement Rights since they [UK Citizen] will become Non-EU Members.
Best Regards
Littler,littlerr wrote: ↑Tue Apr 16, 2019 3:39 pmAnswering the original question that the OP asked, it is not immediately clear whether a spouse who is on 4EUFAM can apply for citizenship 3 years after he/she is married to an Irish resident with dual citizenship.
However, there is a legal case in the UK (McCarthy v Secretary of State, 2011) which may give the OP a few clarifications.
https://eur-lex.europa.eu/legal-content ... 2009CJ0434
To summarise, this case means that a person with dual citizenship (e.g. UK and Ireland) cannot exercise EU Treaty Rights for their spouse in their country of residence.
This is seldom enforced in Ireland (as it is just too much of hassle to check whether an EU person has another citizenship), so in this case the OP's spouse was able to get a Stamp 4EUFAM. There are quite a number of people who have done the same.
However, when this comes to naturalisation, it may get much complicated as they will check everything. How they will interpret that the OP has dual citizenship but the spouse is on 4EUFAM is going to be questionable. There is no legislation preventing a spouse who is on 4EUFAM to apply for naturalisation based on 3 years' reckonable residence, but the Minister will have the final say on this. Also the fact that OP obtained Irish citizenship through FBR is another complicating factor. I suggest that the OP seeks for legal advice from an immigration solicitor.