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BREXIT UK Passport Holder and non EU Wife

Forum to discuss all things Blarney | Ireland immigration

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jimjosie
Newly Registered
Posts: 1
Joined: Tue Nov 27, 2018 10:30 pm
United Kingdom

BREXIT UK Passport Holder and non EU Wife

Post by jimjosie » Tue Nov 27, 2018 11:00 pm

Forgive me if this has been covered but I couldn't find anything.....

I'm a UK Passport holder as both parents were British, however only lived in the UK for 8 years of my life when I was younger so I don't really have any great affiliation with the UK. I have lived and worked in many continents for the other 44 years of my life.

Whist in the Middle East I met my wife who was originally from the Philippines, we have been married for around 8 years.

To cut a long story short we moved to Ireland as we had friends here and decided to settle here, (yes I know technically i'm British, but to be honest we didn't like the UK when we looked at living there)

We bought a house here in 2014 and decided to live here (Self sustained) and make Ireland our new home, unlike many who bring their spouse to Ireland to ultimately make the transition to the UK with them easier, we really are happy here, have bought our dream home and other investment properties to rent in order to provide us with some income. My wife got her EUFAM4 GNIB Feb 2017

Then came BREXIT and I don't think anyone would of expected THAT outcome, however, its up to them I guess? In the interim period we are really worried about what will happen to us here, as technically I will no longer be a EU Citizen and therefore my wife, in turn would not be entitled to a EUFAM4 status.

The UK seems to have set out their stall in terms of who can stay and who won't be able to stay, however I can't see anything on the INIS website relating to UK citizens with a non EU Spouse. I'm sure our situation here in Ireland isn't unique, however was wondering if anyone knows what is to happen?

We have invested all our savings here in Ireland and if we are forced to leave it may leave us with a huge headache in terms of selling up and then our tax liabilities arising from that, as I'm sure we won't be able to simply walk away without the Revenue wanting their fair share. :D

Any Advice, greatly appreciated.

PasadenaTom
Member
Posts: 181
Joined: Wed May 02, 2018 3:40 am
United States of America

Re: BREXIT UK Passport Holder and non EU Wife

Post by PasadenaTom » Wed Nov 28, 2018 5:17 am

Don't take my word for it. But a the EU and UK published a report in which they agreed in principle to some matters relating to UK citizens living in EU countries and vice versa.

Citizen's rights
6. The overall objective of the Withdrawal Agreement with respect to citizens' rights is to provide reciprocal protection for Union and UK citizens, to enable the effective exercise of rights derived from Union law and based on past life choices, where those citizens have exercised free movement rights by the specified date.

7. To date, both Parties have reached a common understanding on the following.

8. The specified date should be the time of the UK's withdrawal.

9. The use of Union law concepts in the citizens’ rights Part of the Withdrawal Agreement is to be interpreted in line with the case law of the Court of Justice of the European Union (CJEU) by the specified date;

10. Union citizens who in accordance with Union law legally reside in the UK, and UK nationals who in accordance with Union law legally reside in an EU27 Member State by the specified date, as well as their family members as defined by Directive 2004/38/EC who are legally resident in the host State by the specified date, fall within the scope of the Withdrawal Agreement


I have no idea if this is assured, or if it depends on the UK and EU coming to a final agreement, which as you know is unclear.

As a UK citizen, you will have the right to live, work and access public services in Ireland under the [url-http://www.citizensinformation.ie/en/mo ... he_uk.html]Common Travel Area [/url]agreement between the UK and Ireland, which pre-dates the free movement rights of the EU . What that means for your non-EU wife, I am not sure.

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