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Irish passport holder in NI married to non-EEA citizen
Posted: Wed May 25, 2016 11:38 am
by skagbhoy
I am an Irish passport holder currently living in Australia on a temporary visa. My fiancee is a Filipino national, and we have plans to get married at the end of the year. I would be grateful if someone could help me with regard to my options for moving home afterward.
I was born in Northern Ireland and, apart from the past two years, have lived in Northern Ireland my entire life. I hold an Irish passport and consider myself an Irish citizen. I have never held a British passport. I understand that in order to bring her to the UK as a British citizen I would need over £18,000 and be in employment for six months, etc. I am also aware of the Surinder Singh route, and understand that we could both live in another EEA country for six months before moving to the UK.
My question is, as an Irish citizen with an Irish passport, am I eligible to bring my wife to the UK on an EEA family permit, or do the same restrictions apply? If they do, can I bring her to the Republic of Ireland freely, or am I kind of caught in limbo here too?
I have researched the issue online and am having trouble finding a definitive answer. Any help is much appreciated. Thank you!
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Wed May 25, 2016 11:43 am
by LilyLalilu
You need to find out whether you are also a British Citizen - if you are, then the salary requirements apply as the UK government would treat you as a British citizen, not an EEA national in this case. You could be British (depending on the circumstances of your birth), even if you never held a British passport.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Wed May 25, 2016 11:50 am
by skagbhoy
LilyLalilu wrote:You need to find out whether you are also a British Citizen - if you are, then the salary requirements apply. You could be British (depending on the circumstances of your birth), even if you never held a British passport.
How would I go about doing that? My Father and Mother were both born in Northern Ireland. My Da has an Irish passport, my Ma a British one.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Wed May 25, 2016 12:06 pm
by LilyLalilu
If you were born after 1983, you are automatically British by birth as you were born in the UK to a British mother. If born before 1983 you are also automatically British by virtue of birth in the UK. Wait for seniors to confirm this but that's what I think.
In this case you'd either need to go down the Surinder Singh route or else meet the earning requirements to bring her to the UK.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Wed May 25, 2016 3:34 pm
by LilyLalilu
Or you could of course always renounce your British Citizenship to solely rely on your Irish citizenship to bring her into the UK under the EEA rules. I believe some people on this forum have done this before.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Thu May 26, 2016 11:02 pm
by chaoclive
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Fri May 27, 2016 9:30 am
by skagbhoy
What are the potential implications of giving up my British citizenship if I wish to continue living in the UK? Will it have any effect on benefits such as prescriptions, etc. or pension, etc?
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Fri May 27, 2016 12:22 pm
by LilyLalilu
Could only cause issues in case of a Brexit but otherwise there should be no issues as Irish citizens are deemed settled on arrival.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Fri May 27, 2016 10:03 pm
by chaoclive
skagbhoy wrote:
What are the potential implications of giving up my British citizenship if I wish to continue living in the UK? Will it have any effect on benefits such as prescriptions, etc. or pension, etc?
I've had nothing. I'm from Northern Ireland and haven't had any changes at all. The only potential worry is that the rules that allow Irish citizens to enjoy the exact same privileges as British citizens in the UK may change at some point in the future. That's not on the card at the moment though. It's another string to your bow though. Something to consider. Read through that thread. You will see lots of people discussing this option.
Re: Irish passport holder in NI married to non-EEA citizen
Posted: Sat May 28, 2016 2:33 am
by Richard W
LilyLalilu wrote:Could only cause issues in case of a Brexit but otherwise there should be no issues as Irish citizens are deemed settled on arrival.
However, if there is no Brexit, the family permit route for immigration from outside the EEA is to be closed, possibly by the end of the year. Basically, the Metock judgement is to be reversed, and we don't know what the collateral effects of the mechanism for reversing it will be.