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Irish National, living in Spain, UK visa for Non EU wife

Posted: Sun Dec 04, 2011 8:06 am
by johncar
I have dual British and Irish Nationality.

My wife is Filipino with permanent residence status in Spain where we live.

As an Irish National, what do I need to do to get a visa for my wife to visit UK and/or to visit Gibraltar?

Thanks

Posted: Sun Dec 04, 2011 3:38 pm
by Mr Rusty
As an Irish National (or even a UK national who has been living in another EU country) you can get your wife an EEA Family Permit to visit the UK - see this page and follow the links to get all the info:-

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

As far as visiting Gibraltar is concerned, try this page, probably best to phone them to be sure:-

http://www.gibraltar.com/gibraltar-gene ... ation.html

Posted: Sun Dec 04, 2011 6:59 pm
by Obie
I believe you have 2 options, use Surinder singh as a British national, or use you Irish nationality and apply as spouse of Irish national.

I believe your wife can enter gibraltar as a Permanent residence of Spain, who hold such a document attesting to this.

Gibraltar is part of the European Union so the directive is applicable to them aswell.

I will be transferring this thread to the EEA application section.

Posted: Sun Dec 04, 2011 7:32 pm
by johncar
Obie wrote:I believe you have 2 options, use Surinder singh as a British national, or use you Irish nationality and apply as spouse of Irish national.

I believe your wife can enter gibraltar as a Permanent residence of Spain, who hold such a document attesting to this.

Gibraltar is part of the European Union so the directive is applicable to them aswell.

I will be transferring this thread to the EEA application section.
Re Gib.

No a residencia is not sufficient. As a spouse of a UK National, my wife would need to make an appointment for an interview in Madrid (350 miles away) and then pay 150 euros for a one entry visa.

That was why I was wondering if it would be easier to use my Irish nationality.

Posted: Sun Dec 04, 2011 8:51 pm
by Obie
Please Contact this department for more information.

Gibraltar is part of the European as a UK dependent territory ( One of the only exception). The Surinder Singh principle applies to Gibraltar. As a UK national who has exercised his right of free movement by working in another memberstate, i.e Spain, you have an enforceable community right to enter Gibraltar with your wife, and if the authorities think your wife requires a visa, it would be issued to her their on production of proof of your nationality ( Your Irish or British Passport) and your marriage Certificate.

Alternatively you could show your Irish passport and enter as an Irish national. Either way, i think she will qualify.

Please note that if you enter there as a British national who has exercised free movement rights in another member state, you may need to provide the authorities with proof that you have been working or self-employed during the time you lived in Spain.

Posted: Mon Dec 05, 2011 7:01 am
by Mr Rusty
I think Obie is correct - see this page:

http://www.cab.gi/start/residency-in-gi ... nu-28.html

Which contains this comment:-

The families (whether themselves EEA or non-EEA nationals) of established qualified persons also have the right to reside provided the qualified person has suitable accommodation for them. Family members must also apply for residence documentation after being in Gibraltar for 3 months. The residence documentation to family members will have the same validity as the documentation issued to the qualified person. The non-EEA visa requiring family members of a qualified person will need to obtain an EEA family permit in order to enter Gibraltar.

Non EU nationals who would normally require a visa but who have LTE/LTR in the UK for more than 12 months can visit Gib without a visa, but they don't seem to extend the same facility to those who have long-term residence in Spain or other EU countries.

So you'll have to travel to Madrid or wherever else you can submit a visa application, but at least the Family Permit is FOC.