Dual UK/Irish Citizen AND Partner Visa For UK

[GJM2017]

I am in the process of bringing my Russian partner (not married) to the UK. I am from Northern Ireland and hold a british passport. Living in London. Is the visa process for my partner easier if I hold an Irish Passport. I have been told there are differences but I am struggling to find relevant information online.

[CR001]

As a dual citizen, you would only be considered as British. If you only held Irish passport/citizenship, then you could use that route for your partner.

Either route, if not married, you need to prove you have lived together in 'a relationship akin to marriage' for a minimum of 2 years and have the documentary evidence to prove it.

[GJM2017]

Thanks for responding. As it stands I was going to apply for a fiance visa to get my partner to the UK. I already meet all of the financial criteria etc. Part of the reasoning behind my question was that I was told if I went the irish citizen direction my partner would not have to meet the language requirement. Is it fair to say that the dual citizenship is only really of relevance if we are already married?

[CR001]

The dual citizenship is relevant to any way you want to bring her. The UK Immigration Route as a British sponsor is very expensive and has strict criteria.

The Irish citizenship EEA/EU route is cheaper and relatively simpler IF you are married and far less restrictive criteria. There is no 'fiance visa' option on this route, she would have to apply as a durable partner if not married and this will require the 24 months proof of living together. But holding British citizenship will hinder this route for you.

[CR001]

Have you and your partner met in person??

[GJM2017]

Yes, we have met in person on 3 separate ocassions. She has visited me in the UK twice on the same tourist visa and I have visited her. We have an abundance of documentary evidence, photos etc, of these visits. We also have thousand of pages of online conversations and hundreds of hours of call / skype / whatsapp history. The relationship is coming up to one year long and we have only lived together for 5 weeks of that time. Would it be negatively received if I applied for the UK Fiance visa to get her to the UK for 6 months. Then once we are married use my Irish passport to exercise my EEA treaty rights to bring her to the UK as the wife of an EU national?

[CR001]

You cannot get passed the fact that you hold British citizenship. She also cannot switch between two different sets of rules, ie UK immigration rules and the EEA/EU rules.

To use the EEA/EU rules once married, you would likely have to renounced your British citizenship first so that you are ONLY considered Irish.

If she comes on a fiance visa, she can apply within the UK for a spouse visa on FLR(M) once married. This will be granted for 2.5 years.

[GJM2017]

Your information is greatly appreciated. I have one last area of concern around when my partner first visited the UK she did not declare me on her tourist visa. First time was a genuine mistake as we were given wrong advice. Second time her employment status had changed therefore she would not have been able to make such a change to the tourist visa. I have been told by a reputable source that this is not a problem and can be easily explained. He said she would not be refused a fiance visa on these grounds but I have read some different opinions online and on the UK visa site. Can I ask for your opinion in this matter? Is the fact I was not declared on her tourist visa grounds for a refusal or is it relatively easy to explain away?

[CR001]

Yes it could be if the purpose of her tourist visas were specifically to visit you.

[GJM2017]

The purpose of her visa was to see London and she did loads of touristy activity which is documented. I think we will need to make this very clear on the application. Thankyou very much for your information. Very helpful and I hope you have a great evening.

[GJM2017]

Hi, Can I ask for clarification on the required documents. As a UK citizen I thought I could provide a photocopy of my passport along with the relevant pages showing visas of travelling to meet my partner. I have been told I also require my birth certificate. I have a long copy of my birth certificate but can someone clarify if this needs to be certified by an accountant or notary?