U.K. Permanent residence/ILR via marriage, family etc

[Mark AJ]

Hi all and thanks in advance for any help.

My Australian wife has been living in Northern Ireland with me and our children aged three and twelve for twelve years with the most part facilitated with an eea 5yr, and more recently 10 yr, RP having relied on me as a dual Irish/British national having claimed exercise of treaty rights in uk based on Irish passport. This proved tricky recently but eventually we availed of the 2012 transitional arrangements and long residence that proved her right hence approval.

However, Brexit appears to have scuppered any long term benefits of this which brings me to my question.

Being unfamiliar with British route for applications has anybody any advice on how I should proceed to secure permanent residence or ILR in the uk for my wife. Ie. What form or route should we be taking?

I have considered obtaining Irish citizenship for her in the hope that the whole north south Irish relationship will probably remain allowing Irish citizens to work and live normally in Northern Ireland as is currently the case.

Note, we had a few refusals under eea route until kind contributors to this forum highlighted the transitional arrangement and right of long residence but, although all above board, my wife's visa history has periods of no right to remain but this was only because applications or appeals were pending but technically she had the right to stay here whilst these were being processed.

Thanks

Mark

[noajthan]

As you are British, your wife (who already has PR) should be able apply for citizenship now if she meets all other requirements for a s. 6(2) application.
That includes 3 years residence and proof of being physically present in UK 3 years before date of application.

Good luck.

[Mark AJ]

Noajthon,

Thanks for your reply and although I don't feel under as much pressure as per previous eea application predicament I now find myself researching a way forward with my wife and our quest for real permanent authority to live freely in uk.

I have read pieces surrounding the 6(2) process and although the jargon makes heavy reading I am trying to understand the processes of this route.

I note the easily understandable fee of over £1200 and as such want to ensure this is the best way forward.

To be clear my wife has a 'Residence Permit' qualified as type 'Permanent Residence' with the card also stating 'Residence card of a family member of a union citizen' valid 12/05/16 to 12/05/26. Previously she had a 'Residence Document' valid 22/09/08 to 22/09/13, type 'Residence card of a family member of an eea national'. As you can see there is a gap but we applied for renewal prior to expiry 22/09/13 but didn't anticipate the refusals, appeals, refusals, and then eventual approval some two and a half years later.

I have lightly read the AN application and would ask is this the correct application form? Given my wife's status detailed above and the fact that she easily meets the physical presence in uk not only for the last three years, but can even boast over 12 years continuous physical presence in the uk, with the exception of insignificant three week holidays every two/three years back to aus.

Can you see any other hidden problems with this citizenship route? I assume that the citizenship you suggest is neutralisation?

Any help or advice greatly appreciated as I start my second Bout of application research and submission.

?

[noajthan]

Yes, use AN for 'adult naturalisation'.
The benefit of British spouse (in immigration terms) is no need to have held settled status (eg PR) for 12 months;
in other words wife may apply under section 6(2) asap (or at her leisure) as she has 3 years residence under her belt.

No need for continuity of RCs - that doesn't matter to domestic law (BNA).

Assumes wife has met/can meet all other requirenents:

• LITUK; sound mind; good character; referees; etc etc.

She may be excused English (being Australian).

[Noetic]

If she also qualifies for Irish citizenship I'd later get that too. You just never know when an EU passport will come in handy given where the economy in the UK is potentially heading.

[Mark AJ]

Noajthon & Noetic

Guys thanks for your responses and I guess I will have to sharpen my pencil and make a start with the AN British route sometime soon.

Will let yous know how I get on and I am much obliged for your input.

Mark

[Mark AJ]

Guys

I am just going to paste where I am as detailed under a previous immigration boards members thread and hope that someone can give me some help.

""Hi and thanks in advance for any help or advice that may be offered.

My australian wife has been living with me in the north of Ireland for 15 years and we intend now to apply for her Irish citizenship as Brexit has the potential to render useless her ten year eea residence permission issued two years ago. Upon reading the application I have a few issues. That is, some months prior to her previous 5 year permit expiring we applied to renew under the spouse of an eea national exercising treaty rights but this was refused but after a lengthy battle her current 10 year permission was granted (2 years ago) after learning of and invoking the 'transitional arrangement,. However, due to the length of time taken there is a slight gap in permissions even though we have British home office letters confirming her right to stay during applications.

The Irish application does ask for completion of a residency checker based on stamps and this will show this one particular void. How do we treat this on the application and does this have an adverse affect on our application?

Whilst here I would also raise the following issues on the application that I would appreciate direction on:
1) It states that a PSC card is required but in the North oriel and surely these aren't available?
2) Regarding identification it states a requirement for a PPSN number and again in the North we don't have one?
3) A GNIB/IRP card or registration number is required and again in the north we don't have one?
4) Application details that absences from the state exceeding 6 years must be noted but being from the North we were never resident I the state itself but were and are in the North?

For the record we have veered away from a uk application as there is a fee of in or around £1200 with no guarantees. Furthermore, the application form appears complicated and the only solicitor in the north has quoted between £400 to £700 pounds!

Any advice on how to proceed would be greatly appreciated""

Is there any safety measure for people with eea residency permits being allowed to remain or is a new application required?

Is my fear of the U.K. Route application form complexity maybe unwarranted? If advised to run the uk route and I do could I get help on this board where I identify issues on comple,ting required forms? To be clear I really do fear being refused under the uk route unjustly and losing the best part of £2k.

Mark