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Unmarried partner visa - dual nationality

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kiwi98
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Posts: 1
Joined: Sat Apr 09, 2016 11:25 pm

Unmarried partner visa - dual nationality

Post by kiwi98 » Sat Apr 09, 2016 11:32 pm

Hi,

I am hoping to sponsor my partner via unmarried partner visa. I was born and bred in Northern Ireland, but have only ever had an Irish passport.

I have the right to dual nationality and the right to have a British passport.

Do you know if I need a british passport to apply? Or can I provide evidence that I have dual citizenship (my birth cert, parents birth cert, their marriage certificate.)

Many thanks

secret.simon
Moderator
Posts: 11551
Joined: Thu Feb 21, 2013 9:29 pm

Re: Unmarried partner visa - dual nationality

Post by secret.simon » Sun Apr 10, 2016 2:09 pm

I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice. E&OE. Please do not PM me for advice.

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Unmarried partner visa - dual nationality

Post by Obie » Sun Apr 10, 2016 7:25 pm

Under section 2 the Republic of Ireland Act 1949, you are not considered as a foreign person in the United Kingdom. You are therefore entitled to use your Irish passport to sponsor your partner under the rules, even if it was the case, that your only nationality is Irish.
Smooth seas do not make skilful sailors

Richard W
- thin ice -
Posts: 1950
Joined: Wed Oct 17, 2012 4:25 am
Location: Stevenage
England

Re: Unmarried partner visa - dual nationality

Post by Richard W » Sun Apr 24, 2016 2:26 pm

Obie wrote:Under section 2 the Republic of Ireland Act 1949, you are not considered as a foreign person in the United Kingdom. You are therefore entitled to use your Irish passport to sponsor your partner under the rules, even if it was the case, that your only nationality is Irish.
What's not being 'foreign' got to do with it? So far as I am aware, Canadians are not foreign, but they can't sponsor anyone unless they are 'settled'. Moreover, there are plenty of British nationals with no right to reside in the UK. While I would expect the Irish passport to work, I believe in theory it will only work if his most recent entry to the UK or the British Islands is from the Republic of Ireland. If he's old enough, the OP's Irish passport might be prima facie evidence that he is British by birth.

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