EU route for my partner... HELP!!!

[pritzy_18]

Im looking for an advice on my current situation:

Im an Irish at birth, move here in Uk in 1973 when I was 3 with my family and been leaving here since then for the last 30 yrs now.

My partner is a non brit/eu on PSW visa which will run out on July of next year. We been leaving together for a year now and we got a lovely little boy born last month . Im claiming benefits for myself and my child and my financee is on maternity leaving.

My questions are:
1. Considering my lenght of stay in England, will i consideres to be a British Citizen? If so, what proof do i need to confirm of my citizen. If no, can i apply for it?

2. Is there any way my partner can stay in the country without rushing to get married? What route do we need to take for her to stay? Would it be possible for me to use the EU routeor do we have to get married first before I can use the EU route?



Help and advice from expert is greately appreciated. Thank you!

[Ayyubi72]

1. Considering my lenght of stay in England, will i considered to be a British Citizen? If so, what proof do i need to confirm of my citizen. If no, can i apply for it?

If you are an Irish citizen then you are an Irish citizen. You do not become British citizen even if you live here 100 years, unless you make an application to become a British citizen and that application is accepted. I am sure you have an Irish Passport, and if not, then apply for one from Irish embassy in london.


2. Is there any way my partner can stay in the country without rushing to get married? What route do we need to take for her to stay? Would it be possible for me to use the EU route or do we have to get married first before I can use the EU route?

Unless you are married to her, she has no rights and cannot use eu route. But if, nearing the time her visa expires in July next year, you have 2 years hard proof of living together then she may apply as unmarried partner.

[pritzy_18]

thank you for your help

[Obie]

Your partner does not need to get married to you. You can apply as a durable partner under EU law. Given the fact that you have a child, lack of 2 years relationship will not affect the success rate.

[pritzy_18]

Hi obie thank you for your reply..

Just wondering if you know which form i need to use? Im looking at the ukba website and i cant seem to fine it.

[vinny]

EEA2.

[EUsmileWEallsmile]

@ pritzy_18,

You state you are Irish at birth. Were you were you born exactly? What citizenship did your parents hold when you were born? Unless you were born in the UK or had a British parent, then you will not be British simply for reasons of long-term residence.

[pritzy_18]

@vinny- thank u for your reply
@eusmileweallsmile- both my parents are Irish. I was born in Ireland. Moved to uk at the age of 3

[wiggsy]

@vinny- thank u for your reply
@eusmileweallsmile- both my parents are Irish. I was born in Ireland. Moved to uk at the age of 3

When you say Ireland, you mean the RoI and not Northern Ireland?

If thats the case your benefit claim shouldnt affect your status as you hold PR for the purposes of Directive 2004/38/EC.

I'd say its probally better to get the EEA2 sooner rather than later as your not married, to start her five years to PR...

Her right to reside is still there on the visa... as pointed out above, unmarried partners right to reside are not automatic... so the clock doesnt start on entry like a spouse's does.

so even though she currently holds a visa, it might be worthwhile switching over now

[EUsmileWEallsmile]

The OP may well qualify for PR, but from what he's posted it is not certain. Given the length of residence, it would appear to be likely, but let's check.

An EU citizen can reside in the UK if they are exercising treaty rights, ie are a worker, self-sufficient person or student or the family member of such a person. If they live in the UK legally for five continuous years, they would obtain PR. They would only lose this status if they've been absent for more than two years.

In order to sponsor a non-EU citizen, an EU citizen would either need to demonstrate that they are a exercising treaty rights or have PR. The home office would expect to see evidence of EU citizen's status.

[vinny]

See also I Have an Irish Passport, Been in UK for 25 Years, Question