Non-EEA Spouse of an Irish Citizen in the UK

[darrenoc3]

Hi, I have been living in the UK for 18 months, and due to my Irish citizenship I have automatic settled status in the UK. I hold only an Irish passport.

Does that allow me to sponsor my American wife's EEA Family Permit application under the 'permanent right of residence' category regardless of whether I'm availing of my treaty rights? Since I do indeed have permanent right to remain in the UK. I have not, however, applied for a UK residence permit.

[secret.simon]

No.

You are correct that Irish citizens are considered settled on arrival in the UK. But that is under UK domestic law. While it is the equivalent of Permanent Residence in the UK, it is not a status granted or recognised by EU law.

For your American spouse to qualify for a Family Permit/Residence Card, you will need to either be exercising treaty rights or have PR under EU law.

[wgf]

Hi,
i am Irish citizen living in uk. My non eea wife has five year residency card (EEA family member) expires in 2021). Can she, or when should she, apply for ILR (as spouse of settled person) before this expires?