EEA FM Manditory?

[Samj008]

Hi There,

I apologies if this has been asked before, however...

I am the non-EEA spouse of an Irish national residing in Northern Ireland, applying for Irish citizenship based on my marriage. I know you are thinking this is in the wrong section but wait, there is more. I previously held an ancestry visa for the UK, but that expired within the last month whilst my Irish application was being processed. The Irish immigration department has now asked me for my current right to reside in the UK, here is my question.
As the non-EEA spouse of a qualified person (Irish national working in the UK) do I need to apply with the EEA FM form in order to be legal, or am I legal under EU law?

Regards,
Sam

[secret.simon]

Provided your spouse is purely an Irish citizen and not a dual British-Irish citizen, your right to reside in Northern Ireland is automatic under EU law.

Where was your spouse born? If s/he was born in the UK (including Northern Ireland), s/he is automatically a British citizen and hence would be a dual British/Irish citizen. If that is the case, you would not have an automatic right to reside in Northern Ireland under EU law.

[Samj008]

No she was born in Dublin. So my right to be here is all good.

[secret.simon]

No she was born in Dublin.

And hopefully neither of her parents was born in the UK as currently constituted.