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Non-EU wife to UK via Ireland

Use this section for any queries concerning the EU Settlement Scheme, for applicants holding pre-settled and settled status.

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irishpk23
Newly Registered
Posts: 3
Joined: Tue Jan 31, 2017 4:15 am

Non-EU wife to UK via Ireland

Post by irishpk23 » Tue Jan 31, 2017 5:35 am

Hi Guys,
So here is my story which I am totally lost on which way to go.
I am from Northern Ireland and hold a British and Irish passport. My wife is from Thailand and we have been together 8 years and married since July 2016. We have a 5 month old son together and he has a British passport and Irish one is applied for at present.
We want to return as a family back to the UK. The UK route seems very complicated and also very expensive.
Is it possible that my wife can apply for an Irish spousal visa or family of of EU visa?
Ultimately we want to live in the Uk - how could she get a UK visa via going to Ireland initially? Can this be done if I have citizenship of Ireland also?? heard differing reports on this.
Or is it that my only option of taking my wife to the uk is via direct Uk route?
If she gets the irish spousal visa - can she travel to the Uk without a visa?
Thank you for any help on this matter....all very confusing.

Wanderer
Diamond Member
Posts: 10511
Joined: Thu Apr 21, 2005 1:46 pm
Ireland

Re: Non-EU wife to UK via Ireland

Post by Wanderer » Tue Jan 31, 2017 10:25 am

You can't go the Irish route if not living in the South, and neither can you use EU route since NI citizens are treated as British in these circumstances.

A way forward is to renounce your British Citizenship.
An chéad stad eile Stáisiún Uí Chonghaile....

secret.simon
Moderator
Posts: 11259
Joined: Thu Feb 21, 2013 9:29 pm

Re: Non-EU wife to UK via Ireland

Post by secret.simon » Tue Jan 31, 2017 11:20 am

irishpk23 wrote:Is it possible that my wife can apply for an Irish spousal visa or family of of EU visa?
People who are dual citizenship British nationals are treated as solely British for immigration purposes. Moderator Obie opines that people from Northern Ireland ought to be treated differently (being allowed to choose either nationality when making immigration applications) due to the peace agreements there. But I think the argument on that score is weakened by the fact that you have a British passport.
Wanderer wrote:A way forward is to renounce your British Citizenship.
There is a thread on renunciation of British citizenship on these forums. User Chaoclive is quite knowledgeable in this field and may pop by to advise if he logs in.

Factor in any disruptions due to Brexit and the fact that your wife does not have anywhere near the five years required to acquire PR under EU law before Brexit occurs.
irishpk23 wrote:Or is it that my only option of taking my wife to the uk is via direct Uk route?
From my point of view, it is the safest and most certain option. Other options (such as the EEA route after renunciation of British citizenship) have an element of uncertainty.
irishpk23 wrote:If she gets the irish spousal visa - can she travel to the Uk without a visa?
While an Irish visa may give your wife the right to travel to and from the UK (under the terms of the Common Travel Area), it will not give her any rights to British citizenship or even the right to settle in the UK. For that, she will need to acquire Irish citizenship herself.
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.

irishpk23
Newly Registered
Posts: 3
Joined: Tue Jan 31, 2017 4:15 am

Re: Non-EU wife to UK via Ireland

Post by irishpk23 » Fri Apr 07, 2017 11:18 am

Hi everyone,
Sorry I did not reply to you all - I am just seeing them now.
Very much appreciated

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