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Dual Pakistani/irish national on skilled worker visa

Only for the UK Skilled Worker visas, formerly known as Tier 2 visa route

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Mshigri
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Joined: Sun Dec 29, 2024 1:15 am
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Dual Pakistani/irish national on skilled worker visa

Post by Mshigri » Sun Dec 29, 2024 2:42 am

Hi All , I will be grateful if someone can help me out. I am a naturalised Irish and by birth Pakistani Citizen with Pakistani dependents. I used my Pakistani passport to obtain skilled worker visa ( health) which exempted my dependents from IHS. Please note my irish naturalization ceremony was scheduled few months after Skilled worker visa application. I have following questions if someone can please help me with or have faced similar situation:

1) How do i update home office regarding my irish citizenship , will it curtail my skilled worker visa and hence my dependents visa ? Or am i allowed in my own right to use Pakistani passport for the purpose of immigration. Is there any law against it?

2) I have a new born baby born in UK after I got irish citizenship is he eligible to both uk and irish nationality? Will me having skilled worker visa status on Pakistani passport in home office records impact newborn british passport application?

3) As an Irish national I just need to spend 5 years in UK to get registered as british citizen as per british irish citizenship act approved in May 2024, No Naturalization required. If i am on SWV on Pakistani passport in home office records can i not use my Irish right for registration? Or I would have to follow ILR and wait another 12 months for citizenship route costing me thousand of GBPs.

I wish i would have attended an earlier irish naturalization ceremony but there was none available. Irish naturalization is taking on average 2-3 years for straightforward application unfortunately ( spent 6 years in ireland and then another 2-3 years for naturalization process) and the job I had got in UK was super important for my career hence i didnt wait for the ceremony and proceeded with Skilled worker visa application.


Any help is greatly appreciated or if anyone knows any immigration solicitor expert in CTA/irish immigration in UK please mention his or her details.

Thanks a million and Happy New Year ☺️

razergd1
Member
Posts: 227
Joined: Tue Oct 18, 2022 10:51 pm
Israel

Re: Dual Pakistani/irish national on skilled worker visa

Post by razergd1 » Sun Dec 29, 2024 6:54 pm

Mshigri wrote:
Sun Dec 29, 2024 2:42 am
Hi All , I will be grateful if someone can help me out. I am a naturalised Irish and by birth Pakistani Citizen with Pakistani dependents. I used my Pakistani passport to obtain skilled worker visa ( health) which exempted my dependents from IHS. Please note my irish naturalization ceremony was scheduled few months after Skilled worker visa application. I have following questions if someone can please help me with or have faced similar situation:

1) How do i update home office regarding my irish citizenship , will it curtail my skilled worker visa and hence my dependents visa ? Or am i allowed in my own right to use Pakistani passport for the purpose of immigration. Is there any law against it?

2) I have a new born baby born in UK after I got irish citizenship is he eligible to both uk and irish nationality? Will me having skilled worker visa status on Pakistani passport in home office records impact newborn british passport application?

3) As an Irish national I just need to spend 5 years in UK to get registered as british citizen as per british irish citizenship act approved in May 2024, No Naturalization required. If i am on SWV on Pakistani passport in home office records can i not use my Irish right for registration? Or I would have to follow ILR and wait another 12 months for citizenship route costing me thousand of GBPs.

I wish i would have attended an earlier irish naturalization ceremony but there was none available. Irish naturalization is taking on average 2-3 years for straightforward application unfortunately ( spent 6 years in ireland and then another 2-3 years for naturalization process) and the job I had got in UK was super important for my career hence i didnt wait for the ceremony and proceeded with Skilled worker visa application.


Any help is greatly appreciated or if anyone knows any immigration solicitor expert in CTA/irish immigration in UK please mention his or her details.

Thanks a million and Happy New Year ☺️
1) you can report via your UKVI account
https://www.gov.uk/change-circumstances-visa-brp
I believe you can still probably continue using the dependent visas BUT as for renewal you might get into a problem there. Once you state that you are Irish any visa application might be rejected as invalid. The rights of Irish citizen in the UK is covered by the immigration act section 3ZA hence, Irish citizens are ineligible for a leave to enter as they do not require one. (Unless excluded, excluded means not allowed to enter the UK at all).
If I were you I would move the dependents to a family route but, maybe try to get advice from a legal expert.

2) no, as an Irish citizen if you live in the UK you are regarded as settled. If your Irish naturalization date predates the birth of the child you can apply for a British passport for the child.

3) if you live in the UK for 5 years and meet the residency requirements you can naturalize as British though if you are Irish I can't see any benefit in it.

You won't get recommendation for a lawyer in this forum. You can find online OISC approved advisors, but your case is extremely unique.
I am not a lawyer or immigration advisor. My statements/comments do not constitute legal advice.
I take no responsibility for following them.

secret.simon
Moderator
Posts: 11369
Joined: Thu Feb 21, 2013 9:29 pm

Re: Dual Pakistani/irish national on skilled worker visa

Post by secret.simon » Sun Dec 29, 2024 10:39 pm

Mshigri wrote:
Sun Dec 29, 2024 2:42 am
will it curtail my skilled worker visa and hence my dependents visa ? Or am i allowed in my own right to use Pakistani passport for the purpose of immigration. Is there any law against it?
Irish citizens are explicitly excluded from being covered by the Immigration Rules. Therefore, I suggest that any status you hold under the Immigration Rules would have ceased automatically when you acquired Irish citizenship.

I think the only way forward for your family would be for you to apply for your spouse and children on the five year spousal pathway, and then for them to get to ILR after five years on that pathway (i.e. any time spent by them as dependents on another visa won't count. So you may be better off moving them to that pathway asap. But wait for others to comment on this point).
Mshigri wrote:
Sun Dec 29, 2024 2:42 am
2) I have a new born baby born in UK after I got irish citizenship is he eligible to both uk and irish nationality? Will me having skilled worker visa status on Pakistani passport in home office records impact newborn british passport application?
If you were an Irish citizen on the date of birth of the child and the child was born in the UK, the child is automatically a British citizen otherwise than by descent and can apply directly for a British passport with your Irish naturalisation certificate and the child's British birth certificate.
Mshigri wrote:
Sun Dec 29, 2024 2:42 am
3) As an Irish national I just need to spend 5 years in UK to get registered as british citizen as per british irish citizenship act approved in May 2024, No Naturalization required. If i am on SWV on Pakistani passport in home office records can i not use my Irish right for registration? Or I would have to follow ILR and wait another 12 months for citizenship route costing me thousand of GBPs.
While the British Nationality (Irish Citizens) Act 2024 was passed in May 2024, just before the General Election, it has not yet been commenced (brought into force) by the government. So the only route to British citizenship for you, at the moment, is applying for naturalisation.

Note that you don't have to apply for ILR, because, as an Irish citizen, you are already settled (same status as ILR) in the UK. You'll still have to meet the English language requirement (unless you have a degree from a university in Ireland) and the LITUK requirement, and the absences and physical presence requirements though.
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.

meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Dual Pakistani/irish national on skilled worker visa

Post by meself2 » Mon Dec 30, 2024 9:39 am

Mshigri wrote:
Sun Dec 29, 2024 2:42 am
I have a new born baby born in UK after I got irish citizenship is he eligible to both uk and irish nationality?
For Irish nationality, you would need to register your child in FBR, which would take a good few years.

Also, keep in mind that you naturalizing in UK allows Irish government to take your citizenship away, technically.
https://www.irishstatutebook.ie/eli/195 ... rint#sec19
The Minister may revoke a certificate of naturalisation if he is satisfied—
[...]
that the person to whom it is granted has by any voluntary act other than marriage acquired another citizenship
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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