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2 resident card together

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, John, ChetanOjha, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, Administrator

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Mng_two
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Posts: 16
Joined: Mon Feb 20, 2023 6:01 pm
Ireland

2 resident card together

Post by Mng_two » Mon Feb 20, 2023 6:09 pm

Asking on behalf of my friend
he is non-eu national has a irish resident card stamp 4 for 3 years now he got the euss fp and applied euss settlement in uk so querry is he can take both resident card together or is there any problem when he applies for naturalisation?

meself2
Moderator
Posts: 3657
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: 2 resident card together

Post by meself2 » Mon Feb 20, 2023 6:25 pm

For which naturalization, British or Irish?

Irish rules state that a) you cannot leave the country for more than 90 days to keep the residence permit:
post2019765.html#p2019765
For your benefit, I'm quoting INIS's official correspondence so that you can refrain from misleading others in future.
From: BQ Reg Office <burghquayregoffice@justice.ie>
Sent: 06 May 2020 14:59
Subject: Re: Minimum residence requirement for Stamp 4 holders

Dear xxx,

I wish to acknowledge receipt of your email re: Minimum residence requirement for Stamp 4 holders

Generally, a residency permit holder is permitted to remain outside the State no more than 90 days consecutively without negative impact on their residency status.

Specific exceptions would take precedence over this, the IIP is an example of such. Permission under EU Treaty Rights in another exception where a person may remain outside the State for up to 180 days.
and b) to apply for naturalization, a person must not leave the country for more than 6 weeks:
https://www.oireachtas.ie/en/debates/qu ... 12-15/288/
In both cases, the final 12 months must be continuous residence in the State with up to 6 weeks allowed to facilitate foreign travel for business family or holiday purposes.
They should also notify ISD when they're out of the country for 6 weeks or more when they apply for citizenship - https://www.irishimmigration.ie/how-to- ... alisation/
If you are outside the State for longer than 6 weeks after you submit your application, you must notify ISD by letter or email to explain why.
If he got EUSS family permit, I assume he just applied for pre-settled, not settled status. That, as stated on UK gov website, only allows him to leave the country for 6 months in a year if he wants to switch to settled status - https://www.gov.uk/settled-status-eu-ci ... atus-means
You may be eligible for settled status before you have 5 years’ continuous residence.
[...]
Five years’ continuous residence means that for 5 years in a row you’ve been in the UK, the Channel Islands or the Isle of Man for at least 6 months in any 12-month period.
If they're away for 2 years, they'll lose it completely.
If you have pre-settled status, you can spend up to 2 years in a row outside the UK, the Channel Islands or the Isle of Man without losing your status. You will need to maintain your continuous residence if you want to qualify for settled status.
[...]
If you spend too much time outside the UK, the Channel Islands or the Isle of Man
You’ll lose your settled or pre-settled status.
Also, when applying for naturalization, in both countries (UK and Ireland) you have to show your intention to reside in the country you're applying in (UK for UK, Ireland for Irish) and not adhering to it might lead to consequences (see post2099849.html#p2099849 as an example).

I'd advise to choose one country to live in and pursue that. If they want to move to UK - they're free to do so, but if they want to keep both residency permits (which entail the idea they make this country their main place of residence), that may cause issues.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

meself2
Moderator
Posts: 3657
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: 2 resident card together

Post by meself2 » Mon Feb 20, 2023 6:27 pm

Also see this thread - post2058987.html#p2058987
You are by law required to inform INIS of any permanent change of address. In addition, as part of your Stamp 4 conditions, you agreed that you will be a resident of the Republic of Ireland and you will not leave the country for more than 90 days in a year.

Failure of either may result in your residence permit being revoked and might cause long-term damage to your immigration history, especially that you are considering to move back to Ireland in a year or two.

Of course, many people do the same - they just try to conceal this when they pass the border. Sometimes the border officer finds out the truth, sometimes they don't.

Your biggest mistake here (in addition to failing to inform INIS of the address change) is that you showed both your BRP and IRP to the border officer. That is like automatically acknowledging that you have violated at least one country's residence requirement. If you show them only 1 card, either IRP or BRP card, it's likely that they would just rush you in without asking any questions.

Since you are a UK resident now and hold a BRP, you are no longer an Irish resident, and cannot use your IRP card to gain entry.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Mng_two
Newly Registered
Posts: 16
Joined: Mon Feb 20, 2023 6:01 pm
Ireland

Re: 2 resident card together

Post by Mng_two » Mon Feb 20, 2023 8:24 pm

Thanks for your good info
But as he is in Ireland for 3 years so
Its better to be live here ,otherwise he move to
Uk his 5 years start again to get the settlement status.

meself2
Moderator
Posts: 3657
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: 2 resident card together

Post by meself2 » Mon Feb 20, 2023 8:34 pm

Mng_two wrote:
Mon Feb 20, 2023 8:24 pm
Thanks for your good info
But as he is in Ireland for 3 years so
Its better to be live here ,otherwise he move to
Uk his 5 years start again to get the settlement status.
If the goal is citizenship, better option would indeed be to live in Ireland for ~4 years or more (5 years to be eligible for citizenship + about 2 years for the naturalization process itself), as in the UK the naturalization process will take about 7 years (5 years on pre settled + a year on settled + 6 months for a decision). Either passport would allow him to live in these two countries.

If he's not sure about his possibility to stay in Ireland with regards to visa extensions (for example, he's on Stamp 4 that he won't be able to extend), UK is better, as he can get settled status in 5 years, if obeying requirements, and settled status is given for the whole 5 year duration straight away; Ireland, on the other hand, gives Stamp 5 in 8 years, which might be a journey to achieve.

The choice is his. But when the decision is made, it's for the better to inform the authorities of another country and hand back the permit/do not use it, as Ireland and UK certainly share immigration data.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

Mng_two
Newly Registered
Posts: 16
Joined: Mon Feb 20, 2023 6:01 pm
Ireland

Re: 2 resident card together

Post by Mng_two » Mon Feb 20, 2023 8:55 pm

If he completed 1 more year in Ireland so
He can eligible for naturalisation doesn’t matter if his visa extended or not but after 2 year of process of naturalisation he will
Get it ??
Can you explain bit more
If inis will not extend his visa still he can get a naturalisation process done or
They stop the process?

littlerr
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Posts: 2506
Joined: Wed Jul 25, 2018 1:14 pm
China

Re: 2 resident card together

Post by littlerr » Mon Feb 20, 2023 8:58 pm

The applicant must have valid permission to remain in the state at all times until the day of citizenship ceremony.

When the current residence permit expires and the application is still in progress, the applicant is required to submit proofs of new permit. The application will be put on hold in case the applicant cannot provide proof of new residence permit and will subsequently be terminated.

Mng_two
Newly Registered
Posts: 16
Joined: Mon Feb 20, 2023 6:01 pm
Ireland

Re: 2 resident card together

Post by Mng_two » Mon Feb 20, 2023 9:20 pm

Thanks in This situation its better to have a uk
Resident card at least if he spend 5 year there , they won’t be complex like ireland cz I don’t think his permission will
Be renewed here.

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