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Acquiring UK permant residency through irish citizenship

General UK immigration & work permits; don't post job search or family related topics!

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Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Oct 14, 2007 9:55 pm

rnc312 wrote:Thanks very much! That was the side-by-side comparison I was seeking ...


Regarding the U.K. domestic spouse visa route:

If my wife will have the right to IRL given her Irish citizenship and my son obtains IRL after two years of residency in the U.K., where does that leave me? Will I need to apply for IRL or does being the spouse of an Irish national with settled status in the U.K. render that unnecessary?
No, you have misunderstood things completely. If you choose the domestic spouse visa route, then you and your son must apply for ILR at the 2 year mark.

Regarding the EEA migration route:

Okay, so realization of British citizenship will actually take six years for my son and I.
Five years for your son, as he could be naturalised at the same time as your wife.

You could be naturalised as soon as your wife is British (5 years + around 6 months processing time), or 6 years if that comes sooner.

Prior to the two of us obtaining permanent resident status will my son and I continue to have to right to remain in the U.K. as long as my wife holds employment? What could happen if my wife switches jobs or is unemployed for any particular amount of time? I mean, what guarantees do my son and I have as non-EEA nationals that we won't be forced to leave the country?
In some circumstances EEA family members have a right to remain in the country. But you need to accept that there's a limit to the level of detail you can get from an online forum and if you're not willing to do your own research you need an immigration lawyer.

You can find links to the Immigration Directorate Instructions, the European Casework Instructions and the Nationality Instructions here:
http://www.ind.homeoffice.gov.uk/lawand ... tructions/

yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Post by yankeegirl » Sun Oct 14, 2007 10:01 pm

Here is a link comparing the two immigration paths (UK and EU). It doesn't delve much into citizenship though, but it might be useful for you.
http://www.lawcentreni.org/EoR/immigrat ... ership.htm

rnc312
Junior Member
Posts: 51
Joined: Thu Oct 11, 2007 5:59 am
United States of America

Post by rnc312 » Sun Oct 14, 2007 10:06 pm

"No, you have misunderstood things completely. If you choose the domestic spouse visa route, then you and your son must apply for ILR at the 2 year mark."

(Oops, sorry about that -- I misunderstood you.)

Really? I only have to be resident two years in the U.K. to apply for an IRL? That surprises me, but is good news indeed.

Thanks again for your time.

rnc312
Junior Member
Posts: 51
Joined: Thu Oct 11, 2007 5:59 am
United States of America

Post by rnc312 » Sun Oct 14, 2007 10:08 pm

"In some circumstances EEA family members have a right to remain in the country. But you need to accept that there's a limit to the level of detail you can get from an online forum and if you're not willing to do your own research you need an immigration lawyer."
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Understood. I will visit the link for more insight.

JAJ
Moderator
Posts: 3977
Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun Oct 14, 2007 10:18 pm

yankeegirl wrote:Here is a link comparing the two immigration paths (UK and EU). It doesn't delve much into citizenship though, but it might be useful for you.
http://www.lawcentreni.org/EoR/immigrat ... ership.htm
The comments on this site that the domestic route "can be slow" are not backed up by the experiences of those on this site and others.

If anything, the EEA route seems to be slower.

yankeegirl
Senior Member
Posts: 697
Joined: Thu Nov 09, 2006 7:52 pm
Location: Northern Ireland

Post by yankeegirl » Sun Oct 14, 2007 10:42 pm

Well, I suppose it would depend on the country where the entry clearance application is made. rnc312 would apply from the US (I'm assuming) and there's no difference in the US consulates in the processing times for the family permits or spousal visas.

Once in the UK, applying for ILR after two yearss by post seems to take 4 weeks, give or take. You have the option of making the application at a PEO for same day service at an additional cost.

One obvious downside to making an EEA2 application is the 6 month processing time. There's been quite a bit of antecdotal evidence on various forums though (my own timeline included lol)that if an EEA1 application is made simultaneously, the processing time is decreased dramatically, to about 4-6 weeks.

rnc312
Junior Member
Posts: 51
Joined: Thu Oct 11, 2007 5:59 am
United States of America

Post by rnc312 » Mon Oct 15, 2007 1:22 pm

Yes, I am American, and thanks for the heads-up about that.

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