UK visa but with Irish passport

[Firebreather]

Hi I am new to this forum so hoping someone can help. I live in Northern Ireland and hold both a British and Irish passport. I am getting married to a Tunisian in May 2025 and he would eventually like to settle with me in NI. I have been advised the easiest process is to apply through UK Embassy but using my Irish passport. I have been on the British Embassy website and I honestly cannot understand which process I need to follow so I am hoping for some guidance please. I looked at the spouse visa but it says we had to be in our relationship before 31 December 2020 which we were not and I am totally not understanding which other avenue to pursue once we are married. My fiancé currently holds a Tunisian passport, a seafarers passport, a schengen visa and is in process of applying for a USA visa as he currently works on a cruise ship but wants to move to live and work in NI with me. I am hoping someone can provide me with some advice or signpost me to the correct process for my situation please. Thanks in advance

[secret.simon]

Do you meet the definition of "People of Northern Ireland" in the Belfast Agreement?

"people born in Northern Ireland to a mother or father (whether or not the parents are married) who, at the time of their birth, was a British citizen, an Irish citizen, or a dual British and Irish citizen or settled (“without any restriction on their residence”) in the UK."

If yes, then your spouse (assuming you are legally married in the country the marriage takes place in) can apply under the much easier post-Brexit Appendix EU, as opposed to the more stringent normal spousal visa route.

Note however, that whichever route you take, your spouse will have restrictions on the amount of time he spends outside the UK (that is the whole of the UK, not just Northern Ireland). And all that absence will also be a factor if your spouse plans to later naturalise as a British citizen. So they may want to start planning ahead to minimise their time outside the UK, due to its implications for future immigration and naturalisation applications.

[Firebreather]

Hi

Yes I meet the definition of "People of Northern Ireland" in the Belfast Agreement? I did not know about the much easier post-Brexit Appendix EU, as opposed to the more stringent normal spousal visa route. I am going to go look it up now.

My fiancés is just about to start anorher 8 month contract at sea but this will be his last contract so when we apply for the visa hopefully by the time that comes around it will not impact too much.

Thanks so much for this helpful information I was totally lost on what process to even atart looking at!

Thanks again

[secret.simon]

When researching online you need to look for terms like "pre-settled status" for your spouse-to-be and not the usual spousal visa.

Essentially the difference is that a regular spousal visa for spouses of British citizens
(a) costs £1500+ and an additional Immigration Health Surcharge of £2000, and
(b) lasts just 2.5 years and then needs to be renewed.

Your spouse-to-be can apply for ILR after five years on this visa, but can only be absent from the UK for two consecutive years before losing that status.

Whereas "pre-settled status" under Appendix EU
(a) is free (to the best of my knowledge. Wait for others to respond on that point) and no IHS, and
(b) is valid for five years, after which they can apply for "settled status" for free too.

Once on settled status, they can be absent from the UK for five consecutive years and still retain their status.

So, as you can see, it is a much more advantageous process and all due to you being born on the island of Ireland (it applies to all Irish citizens born before 2020).

Others would have to advise you on how to apply for that from abroad. i am not sure on that point.

[Firebreather]

Again thank you!

Do you have a link for the application please?

I went through the EU EEA process, did not complete it as when got to the documentation it said the relationship had to be in place before 1 January 2021, which unfortunately does not apply to us after we met after this. I am not sure if this was the same application as being born here.

I am based in NI so I can do the application for my fiancé from the UK I believe. If I can find the right process/application to complete that is.