Married to British spouse who then got onto FBR

[CatBrom]

Hi all,

Question about stamp permissions and citizenship regarding a British/Irish spouse. My husband has sent in his FBR application and I know this will take upwards of a year, but once he gets onto the FBR does my own circumstance change? Would I have to apply for a new stamp (currently on the Article 50 TEU withdrawal agreement permissions) but would I then move to a regular Stamp 4? Would the (current) rules around naturalization backdate, so could I apply on the basis of being married to an Irish citizen for 3 years (as it's been 4 years married now)? I hope that makes sense. I will be eligible for naturalization as of November, but I am very concerned about the new rules coming in. Someone elsewhere was telling me they will backdate the decision to December 2025 if they make the changes to naturalization and they read it in an Oireachtas debate but I couldn't find any record of that anywhere.

[Vadrar]

The legislative process can amend the government's proposal. So, until the legislation is passed no-one knows the precise details that will apply, including whether the legislation would apply retrospectively to applications already submitted. It is also unclear whether it is acknowledgement date or accepted date that is relevant for the cut-off. One would normally assume it was acknowledgement date, but some other EU country immigration legislation has started nominating accepted date as the official date of application in their legislation. Both backdating and using accepted dates would be unusual, however. Immigration law usually applies to applications lodged after the date legislation is passed.

I think if you are eligible to apply in November you might squeak in. In that case, the important thing will be to ensure your application is spotless. No missing documents, no missing certifications or translations, no missing proof. I'd include long form and short form birth certificates if relevant. If divorced, you must include all that documentation even though you are remarried. If you are adopted you must include all that documentation. If you've ever changed your name, document that thoroughly. if you've moved recently ensure you have current proof of address included. Make sure all proof of residency lists your name. I'd ignore the application direction to not submit unnecessary documents - I'd throw everything in. An official request for additional documents could change the official application date.

Regarding what stamp you need once your husband is Irish and should you not be Irish yourself yet: technically you should switch over to spouse of Irish stamp 4, as most EU countries regard Brexit rights end when EU citizenship is taken. This means technically your husband's TEU 50 ends when he becomes Irish, and so do your associated rights. Ireland is however fairly relaxed about it, and I've seen ISD often advise just to stay on TEU 50 path. The main relevance is the permission you'd need to switch over to once your existing permission ends. The stamp 4 pathway takes you to Stamp 4, long term residency. The TEU 50 takes you to Stamp 4D, permanent residency, close to EU permanent residency. Stamp 4 and stamp 4d do offer different rights, but they really aren't substantial if you are about to switch to Irish citizenship. Traditionally the switch from TEU 50 to permanent residency is less bureaucratically smooth than the stamp 4 route, because it is less well known. With the new legislation I'd probably switch to Stamp 4, just to ensure there was no dispute down the line about whether the TEU 50 rights had expired on your husband's Irish citizenship.

If the legislation has passed by the time you apply I'd be surprised if you are not subject to it. That is, needing 8 years as an individual or 5 years as a spouse. Presumably though this isn't a huge impact on you as by the time your husband has FBR you'll have 5 years marriage.

[CatBrom]

Thanks for the information. I'm Canadian so nothing needs translating but noted on the birth certificates, I will ensure I have both.

I was looking further into the FBR and I had read elsewhere I would not be able to apply on the basis of an Irish spouse if he got his FBR next year because he wasn't technically a citizen prior. So I would still need to wait even longer that route anyway.

However, if my application was accepted before the legislation, why would additional documentation suddenly throw me out? People get asked for additional documents all the time throughout the process. How long does acknowledgement take?

[Vadrar]

I was looking further into the FBR and I had read elsewhere I would not be able to apply on the basis of an Irish spouse if he got his FBR next year because he wasn't technically a citizen prior. So I would still need to wait even longer that route anyway.

Up until now, spouses of Irish could apply for naturalisation the day their spouse was certified on FBR (assuming they had previously been married and lived in Ireland for long enough.) So if what you've read relates to existing rules, the information you've read is incorrect. I haven't seen that there are changes to this in the forthcoming legislation, but I could have missed it, or it could be added. I'd be a bit surprised though - FBR is a bit of a sacred cow in Ireland in a way that naturalisation via residency isn't really.

However, if my application was accepted before the legislation, why would additional documentation suddenly throw me out? People get asked for additional documents all the time throughout the process. How long does acknowledgement take?

We don't know that additional documentation will throw you out. But that's the point - we don't know what the deal is until legislation is passed. Ahead of then, it is all speculation. Documentation fraud is one of the policy drivers of this change in Ireland (and generally in the EU.) That is why some countries now enact legislation that say application date is the date all documentation is received and accepted as valid, not partial documentation. The government has secured priority drafting for the legislation. Until a draft of the legislation is available we don't know what the proposal is on details like this. Applicants who've submitted documents that aren't regarded as complete generally only get asked for additional documents once - prior to the application being acknowledged as accepted. Look at the timeline threads to get a sense of the progress. The part that is in your control is the documents you submit with your initial application. The older guidance is here. I'd strongly urge you to instead follow the more recent guidance (calling proof "strong' and 'supporting') here in this period ahead of legislative changes. In particular, do not rely on affadavits if avoiding the new legislation is important to you. Until the legislation is passed no-one can guarantee what happens, but a spotless application is the best lever you have right now.