I am a UK (by descent) citizen hoping to relocate to Ireland in the future. I would be so grateful for any advice you could provide for our family in our rather unsusual but accute situation.
I live in the UK with my Indonesian wife and our dual nationality son. We relocated to the Uk from indonesia in 2015. My wife has a UK residency permit and works here.
From what I understand my wife (as ther spouse of an EU citizen) has the right to enter Irleand without a visa.
So far, so good. Here's where it gets complicated. We also live in the the UK (since 2015) with my adult Indonesian step-daughter (daughter of my wife through her previous marriage) and her 11 yrs old son (also Indonesian). I have acted as this child's defacto father / sole father figure and principle provider since his birth (see details below). My step daughter is here awaiting a leave to remain application (currently refused but pending appeal), on the basis that she requires me to continue acting as father to the child and thus is (despite being an adult) still dependent on myself and my wife and wider family unit. My step grandchild is on a tier 4 child student visa valid till 2018.
My wife and I married in Indonesia (where I was an expatriate teacher) in 2003. At the time of our marriage, my wife already had a 15 yrs old daughter from a previous marriage. I took immediate responsibility for her. Within months of our marriage, it transpired she was pregnant through teenage misadventure. Her boyfriend and she married immediately in order for the child to be born in wedlock. Once the child had been born (Sep 2004), their marriage was quickly and legally dissolved.
Since their divorce (only months after the birth), the Indonesian birth father has had no contact with, played no role/ contribution to the child’s upbringing. He has since remarried and has children of his own. My step-daughter was awarded with sole responsibility by Indonesian court in 2013.
My wife and I, my step-daughter and her child have always lived together (in indonesia and the UK) since the child’s birth. My wife and I have co-raised the child with my step-daughter and, as a young single parent and very low wage earner, she has always depended on us to provide fully for the child’s welfare and best interests. As head of household, I have acted as the child’s de facto parent, sole father figure and main provider for his emotional and material needs (eg health care, schooling in private schools where I have taught). I have been designated legal guardian of the child by Indonesian court order (2015). My wife has always acted as the child’s “second mum”.
Furthermore, the child has been raised since birth as de facto twin brother to our own son, who was born only 9 months later and (as my biological son) has British citizenship. The two boys are inseparable and highly emotionally dependent on each other, always attending the same schools, sharing the same bedroom etc and being treated and loved equally in every sense. Both children have been students in the same class at independent school in the UK since we arrived in UK for that purpose in 2015.
My questions are ...
if my wife and I moved to Ireland, would my step-daughter and her child be elligible to join us as 'beneficiaries/dependents'.
Can my step-daughter apply from here in the UK ?
If at some point in the near future, she is forced to return to Indonesia, will she still be able to apply from there on the same basis ?
Thanks you so much for any help you can be in this.
Yours faithfully
Axxxxx xxxxxxxxx
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