Quite a complicated one

[Gabriella2305]

Hi Everyone,

I am a South African lady living in the UK with my Irish boyfriend. We have been living together for nearly two years. I am on a student visa.
Is there anyway I can go onto his passport as his spouse without getting married if we move to Ireland? My boyfriend has dual citizenship Irish/South African but has never lived in Ireland.

We don't want to move back to SA. We have considered getting married as we want to be together forever but to be honest we are both still young (me 22, him 25) and want to get married properly not at some registry office and for the sake of me getting onto his passport. Is there no way I can go onto his passport as an unmarried spouse like the UK offers?

If not, are there any other options.

Any advice would be much appreciated.

[JAJ]

Have you thought about staying in the U.K. long enough to get British citizenship? After which you could almost certainly use a British passport to move to Ireland.

[iamwhoever]

Under the current immigration law it isn't possible. I don't think it will be under the new one they are drafting either.

You will either have to join him as a student or on a work permit or green card.

Like JAJ said, you going for British Citizenship may be faster.

[Gabriella2305]

Thanks for your replies guys... I guess I may just have to stick it out.

[scrudu]

As her partner can be deemed to be "exercising his treaty rights" while working in the UK, why couldnt she apply as a partner using the EU Treaty Regulations to join him in Ireland?

[Gabriella2305]

As her partner can be deemed to be "exercising his treaty rights" while working in the UK, why couldnt she apply as a partner using the EU Treaty Regulations to join him in Ireland?

Hi Scrudu,

I am already living in the UK and have been for the past 3 years nearly. Was first on a WHM visa and am now on a student visa that expires end of 2009.
I wonder if I would be able to apply for an unmarried spouse on his Irish Passport once we've lived together for two years.
I only just discovered this and thought it was on the UK who granted unmarried spouse visa to UK citizens only.

[Ben]

As her partner can be deemed to be "exercising his treaty rights" while working in the UK, why couldnt she apply as a partner using the EU Treaty Regulations to join him in Ireland?

This is correct.

Gabriella2305, your Irish boyfriend is exercising EU Treaty rights in the UK if he works there, studies there, or is of independent means there.

As his unmarried partner, providing that you are in a relationship of (controversially) at least 2 years, you have the same rights as he does in the UK. That is, you have the right to reside and work (or study) in the UK. You do not need a work permit of any kind. For a UK Residence Card confirming your right of residence, you should apply to the Home Office using form EEA2.

Should you both wish to move from the UK to Ireland, your right of residence (and work, study), would be the same as in the UK. For an Irish Residence Card, apply (once in Ireland), to the Department of Justice using form EU1.