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UK dad, Irish child, Irish mother - their rights in UK

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

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desperatedad
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UK dad, Irish child, Irish mother - their rights in UK

Post by desperatedad » Fri Dec 14, 2007 7:06 pm

Me a UK dad. Son and his mother both US/Irish citizens. All currently in US but discussing moving to London so I can live and work. Mum and me not married.

- Do they have residency rights automatically? Any need to register, demonstrate available funds for support etc.?
- Are they entitled to NHS treatment? How easy to arrange?
- She can work, but how easy for her to register for tax and national insurance?
- Any other entitlements/obligations/pitfalls?
- Where else should I go for information?

All help massively appreciated!

yankeegirl
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Location: Northern Ireland

Post by yankeegirl » Fri Dec 14, 2007 7:32 pm

As Irish citizens, your partner and son can live in the UK with no problems. No need to register anywhere, or do anything. You all can simply get on a plan and come over. (Have them enter the UK on their Irish passports).

Yes, they are able to use the NHS. Simply register at the local GP wherever you move.

As far as NI number, just check out the local job center to make an appointment. They usually want proof of ID, proof of address and proof of job or looking for work.

desperatedad
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Post by desperatedad » Fri Dec 14, 2007 8:02 pm

Thanks Yankeegirl - I hoped it was as easy as that!

Do you know where I can get confirmation of all this from official websites for others' reassurance?

Dawie
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Location: Down the corridor, two doors to the left

Post by Dawie » Fri Dec 14, 2007 8:20 pm

http://www.bia.homeoffice.gov.uk/applyi ... unationals
Do I have a right to live in the United Kingdom?

European Community law gives EEA nationals a right to live and work in the United Kingdom. This is known as a right of residence and you have a right of residence if you are exercising Treaty rights in the United Kingdom. Treaty rights include: employment, self-employment, study or economic self-sufficiency, i.e. you have sufficient funds to support yourself without recourse to public funds (including Income Support, Housing Benefit and Council Tax benefit).
In a few years time we'll look back on immigration control like we look back on American prohibition in the thirties - futile and counter-productive.

desperatedad
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Post by desperatedad » Fri Dec 14, 2007 8:48 pm

Thanks Dawie, though this article suggest it's even simpler for Irish nationals than for other EEA citizens because of special arrangements between the UK and the Republic of Ireland, i.e. they have an unconditional right to live and work in the UK on a par with UK citizens regardless of available funds:

http://en.wikipedia.org/wiki/Right_of_abode

desperatedad
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Post by desperatedad » Fri Dec 14, 2007 8:53 pm


Christophe
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Post by Christophe » Sat Dec 15, 2007 4:42 am

desperatedad wrote:Thanks Dawie, though this article suggest it's even simpler for Irish nationals than for other EEA citizens because of special arrangements between the UK and the Republic of Ireland, i.e. they have an unconditional right to live and work in the UK on a par with UK citizens regardless of available funds:

http://en.wikipedia.org/wiki/Right_of_abode
Yes, although Irish citizens do not have the right of abode in the UK, they do have more rights than other EU/EEA citizens. For practical purposes, it probably doesn't amount to much in terms of your actual arrival and initial settling in the UK. But, for example:
- any child born to you in the UK will be a British citizen at birth
- you are entitled to vote in UK general elections as well as in local and devolved elections (and you are required to register to vote); equally, you can be called up for jury duty
- your rights to live and settle in the UK derive from British law not European law and, as such, are more deeply enshrined, less likely to change and, as noted above, give you more rights than other EU/EEA citizens

JAJ
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Re: UK dad, Irish child, Irish mother - their rights in UK

Post by JAJ » Sat Dec 15, 2007 8:26 am

desperatedad wrote:Me a UK dad. Son and his mother both US/Irish citizens. All currently in US but discussing moving to London so I can live and work. Mum and me not married.

- Do they have residency rights automatically? Any need to register, demonstrate available funds for support etc.?
- Are they entitled to NHS treatment? How easy to arrange?
- She can work, but how easy for her to register for tax and national insurance?
- Any other entitlements/obligations/pitfalls?
- Where else should I go for information?
You've already been advised that your son is an Irish citizen. As for whether he is a British citizen or if he is eligible for registration - when was he born?

Also if you have a green card in the United States are you aware you will likely lose this if you move to live in the U.K.?

Your Irish partner will be able to become a British citizen by naturalisation after 5 years in the U.K. If you get married it will be 3 years.

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