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Singh for dual national

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

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Ayyubi72
- thin ice -
Posts: 1197
Joined: Thu May 16, 2013 3:47 pm

Post by Ayyubi72 » Sat Jun 15, 2013 6:13 pm

As the things stand right now, best and easiest way is that you and your huband live in ROI for a few months, and then to NI under surinder singh.

You don't need to move to ROI full house. If you have household stuff, you could move it straight to NI. Just live in ROI with minimum stuff. After all, you are only going to live there for a few months. You will not have a problem visiting NI as many times as you want.

chaoclive
Diamond Member
Posts: 1599
Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Post by chaoclive » Thu Sep 26, 2013 11:46 am

I've just received an email about this case: Thank you for your email.

"In relation to your query, Regulation 2(1) of the European Communities
(Free Movement of Persons) Regulations 2006 and 2008 defines a Union
citizen for the purposes of the Regulations to be a national of a Member
State other than the State. This is the transposition of Article 3.1 of
Directive 2004/38/EC which states:

This Directive shall apply to all Union citizens who move to or reside in a
Member State other
than that of which they are a national, and to their family members as
defined in point 2 of Article 2
who accompany or join them.

There's an exception based on European Court of Justice case law that the
family member of a Union citizen who has resided in one Member State as the
family member of a Union citizen (i.e. holding a Residence Card issued by
that Member State) could later still apply under the Directive when moving
to a Member State of which the Union citizen is a national. But aside from
that scenario, we would otherwise not be able to accept an application from
a family member of any Union citizen who holds an Irish passport.


Best regards,

EU Treaty Rights Section
Irish Naturalisation & Immigration Service
13-14 Burgh Quay
Dublin 2"

I know that the Irish authorities do not necessarily ask, but they have noted that it's not possible for someone with an Irish passport to apply for a permit as a family member of a Union citizen if that Union citizen has an Irish passport (unless under Singh).

Did the OP have any luck with her application?

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