UK Spouse Resident in Ireland Pre-Brexit - US citizen (Non EEA) seeking to join him

[ukandusmarried]

Hi,

I have combed through many posts on this forum and read through many policy documents on the Irish Immigration website, and am still confused about what category we fall under.

My spouse is a UK National and has been living in Ireland since 2018, when he moved here due to the birth of his daughter (Irish citizen) from another partner.

I am a US citizen and met my spouse in 2022, and we got married this year (2025). I am seeking to move to Ireland permanently to join him.

Because of Brexit and the Withdrawal agreement, I know that my spouse has retained some EU rights under that agreement, but not all. The new scheme for UK nationals wishing to bring their non-EEA family members to join them clearly states, in bold, on the website and on the policy documents that it only applies to UK Nationals entering Ireland after December 2020. He does not fall into that category.

However, I have read (in one place only) that the EUTR1 application, the application I would have qualified for prior to Brexit, only applies if the relationship was durable before the end of 2020. It was not, as we met in 2022.

I was granted permission at the Dublin Airport border to enter (upon showing them our marriage certificate) and given a 90-day stamp, with instructions to register at Burgh Quay. They confirmed that I did not need to have sought pre-clearance prior to entering due to his pre-Brexit residency status.

Our original plan was to go ahead and submit the EUTR1 application and see what happens, since there is no clear instruction we can find anywhere on which scheme we fall under. Technically, it looks like we fall under neither. But the new scheme only gives instructions on how to get Pre-clearance (USA is a non-visa-required country) to enter prior to coming to Ireland, and clearly states it does not apply to UK Nationals who lived in Ireland pre-Brexit. Since I did not have to get pre-clearance, surely it's not as easy as just registering at Burgh Quay, right?

Any assistance or advice would be greatly appreciated.

Thanks!

[littlerr]

Unfortunately you do not qualify under either the EU Treaty or Withdrawal Agreement, as both policies only cover people who have been a family member of a UK national prior to the end of 2020.

This is confirmed in the EU Commission website. See question 3.12.

https://commission.europa.eu/system/fil ... s_en_0.pdf

[littlerr]

I don’t think the border officer made a correct call there - your UK spouse being in Ireland prior to 2020 alone is not sufficient for you to be exempt from the requirement to apply for pre-clearance.

Border officers make these mistakes all the time and it is usually up to the Minister of Justice (or ISD/INIS in practical term) to make a final decision in such cases.

If they do things by the book, they will reject your EUTR application outright, and you will be asked to submit a residence application to Burgh Quay in writing (although they don’t always do).

[ukandusmarried]

I don’t think the border officer made a correct call there - your UK spouse being in Ireland prior to 2020 alone is not sufficient for you to be exempt from the requirement to apply for pre-clearance.

Border officers make these mistakes all the time and it is usually up to the Minister of Justice (or ISD/INIS in practical term) to make a final decision in such cases.

If they do things by the book, they will reject your EUTR application outright, and you will be asked to submit a residence application to Burgh Quay in writing (although they don’t always do).

Thanks for replying! I can see why I might not be eligible to apply via EUTR, but what doesn't add up to me is the new scheme put in place for UK Nationals who have family members seeking to join them also does not cover our situation. It very clearly states in the new policy documents that it does NOT apply to UK Nationals who were resident in Ireland prior to end of December, 2020. Also, on the immigration website page for "Joining Your UK National Family Member" which outlines the new scheme, at the top of the page it states:

"With effect from 11pm on 31 December 2020 following the end of the Brexit transition period, all non-EEA family members of UK nationals seeking to join, or accompany, their UK national family member in Ireland will need to apply, depending on nationality, through a preclearance or visa scheme.

This scheme applies to both visa required and non-visa required nationals. The Preclearance Scheme only applies when a UK national has come to live in Ireland after 31 December 2020."

Then, directly underneath that under the Withdrawal Agreement heading, it says:
"If a UK national is living in Ireland on or before that date they and their eligible non-EEA family members will be a beneficiary under the Withdrawal Agreement."

I have not found anywhere in the new scheme documents/pages where it discusses our specific situation.

https://www.irishimmigration.ie/coming- ... ber/#part1

So it truly is confusing. Not sure if you had any opinions on the info above?
Do you think it would be worth submitting the EUTR1 application anyway and waiting on them to deny it and give us the proper instructions? We have it ready to send either way. My worry is that if I just schedule an appointment at Burgh Quay (which is booking 3 months out already and very close to my passport stamp expiring) and find out that was the incorrect path, it will be too late at that point to course correct. On the off chance I might hear back on the EUTR application sooner than that, I wonder if that's the most efficient approach.

Also, I wanted to note that I did create an account with ISD and submitted a query online regarding this entire situation, but haven't heard back yet. Not sure if/when I will hear a response.

Thanks for your advice!