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Which category ? Pleas advise

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

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Which category ? Pleas advise

Post by New on forum » Fri Apr 23, 2021 9:29 pm

Dear sirs ,
I married my spouse in April 2016 and she is a relevant person of Northern Ireland but currently holds only Irish citizenship and renounced British one in February 2020.
I currently hold pre settled status (as spouse of EEA )valid till 2025.
I am looking to apply for settled status in a week time but I am confused what sub category I should apply under ,
Family member of an EEA national or,
Family member of relevant person of Northern Ireland ?

Please advise .

Thanks

Br28016
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Re: Which category ? Pleas advise

Post by Br28016 » Sat Apr 24, 2021 6:40 am

As spouse has renounced British citizenship then I believe you would have freedom to choose either. If not done then relevant person of Northern Ireland would have been only option.

Personally I would go with relevant person of Northern Ireland as easier to understand status and not changed by renouncing British citizenship. Only issue is that will need evidence of spouse's parents right to live in Northern Ireland when spouse was born - their birth certificate normally mets that requirement although passport information page helps as well.

That said as you used the relevant EU citizen option there is an argument for remaining consistent this time round.

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Re: Which category ? Pleas advise

Post by New on forum » Sat Apr 24, 2021 9:59 am

Br28016 wrote:
Sat Apr 24, 2021 6:40 am
As spouse has renounced British citizenship then I believe you would have freedom to choose either. If not done then relevant person of Northern Ireland would have been only option.

Personally I would go with relevant person of Northern Ireland as easier to understand status and not changed by renouncing British citizenship. Only issue is that will need evidence of spouse's parents right to live in Northern Ireland when spouse was born - their birth certificate normally mets that requirement although passport information page helps as well.

That said as you used the relevant EU citizen option there is an argument for remaining consistent this time round.
Thanks for your time.
At the time the relevant person option wasn't available .
Personal I would prefer to apply same EEA but I am worried about meeting the requirements as my spouse wasn't the EEA citizen for the entirety of the 5 year period instead was a dual British/ Irish citizen.
I have mother in laws birth certificate she was born in Northern Ireland in 1957 I believe should suffice .

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Re: Which category ? Pleas advise

Post by New on forum » Sun Apr 25, 2021 3:45 am

Any opinion regarding eligibility please ,
Do I still qualify even if I apply under the category of EEA family member rather than family member of relevant person of Northern Ireland ?
I request for respectable members to share their opinion please .
Thanks

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