Irish & Uk Passport Holder - Uk Entry With New Wife?

[JimmyGreaves]

What type of visa does my cousin need to take his new wife to settle in the UK using his Irish passport. They have know each other only a short while and married recently.

Any experience on how long they are likely to wait on this visa?

Edited May 18, 2009 by jflundy

[alant]

What type of visa does my cousin need to take his new wife to settle in the UK using his Irish passport. They have know each other only a short while and married recently.

Any experience on how long they are likely to wait on this visa?

worth checking if i have the facts correct here but as far as i know, irish citizens who marry then automatically the spouse has the right to irish citizenship. if this is so she can get an irish passport and therefore can enter the uk with no paperwork whatsoever

[pj123]

I have an Irish & UK Passport. His wife would not get an Irish passport merely by being married to an Irish Citizen. This option was ended in 2005.

See: http://www.inis.gov.ie/en/INIS/Pages/WP07000045

He can apply for an EEA Family Permit which is available to any EU Citizen living and working in another EU country. Note: he will need to provide proof of employment and income to show he is working and can support his spouse. The process is similar to applying for any other UK visa but there is no fee. His spouse should expect an interview. They will still need to be convinced that the marriage is genuine.

Once in the UK she applies for Indefinite Leave to Remain (ILR) after 2 years. If she stays I think 3 years in the UK she can apply for Naturalisation and then after another delay (? years) for a UK passport.

I understand that if she did the whole process under a UK passport the process from UK visa to UK Passport takes a year less than EEA Permit to UK passport.

I would encourage him to seek legal advice from solicitors in the UK about whether to go under an Irish or UK passport.

Edited May 18, 2009 by pj123

[mrbojangles]

I have an Irish & UK Passport. His wife would not get an Irish passport merely by being married to an Irish Citizen. This option was ended in 2005.

See: http://www.inis.gov.ie/en/INIS/Pages/WP07000045

He can apply for an EEA Family Permit which is available to any EU Citizen living and working in another EU country. Note: he will need to provide proof of employment and income to show he is working and can support his spouse. The process is similar to applying for any other UK visa but there is no fee. His spouse should expect an interview. They will still need to be convinced that the marriage is genuine.

Once in the UK she applies for Indefinite Leave to Remain (ILR) after 2 years. If she stays I think 3 years in the UK she can apply for Naturalisation and then after another delay (? years) for a UK passport.

I understand that if she did the whole process under a UK passport the process from UK visa to UK Passport takes a year less than EEA Permit to UK passport.

I would encourage him to seek legal advice from solicitors in the UK about whether to go under an Irish or UK passport.

Under the EEA Family Permit route, i am pretty sure she doesn't apply for ILR at all and she has to wait 5 years for UK citizenship.

[JimmyGreaves]

Anyone have any experience of how long he will have to wait for the EEA Family Permitafter the application is entered, applying in Bangkok?

Edited May 18, 2009 by jflundy

[pj123]

I understand that an EEA permit will not be issued for 5 years, maybe one or two if you are lucky. So she will need to get a EEA Residence Card once she arrives in the UK.

http://www.ukba.homeoffice.gov.uk/sitecont...ms/eea/eea2.pdf

Edited May 18, 2009 by pj123

[ThaiVisaExpress]

EU family permit route.

[spongeman]

What type of visa does my cousin need to take his new wife to settle in the UK using his Irish passport. They have know each other only a short while and married recently.

Any experience on how long they are likely to wait on this visa?

worth checking if i have the facts correct here but as far as i know, irish citizens who marry then automatically the spouse has the right to irish citizenship. if this is so she can get an irish passport and therefore can enter the uk with no paperwork whatsoever

Just a few notes on Irish Citizenship through marriage :

You have to be married for 3 years before applying.

The applicant must have one year of residence in Ireland immediately before date of application and 2 out of the 4 years before that.

The application takes between 2 to 3 years to process.`

[ubonjoe]

Inflammatory post deleted.

[JimmyGreaves]

OK, looks like nobody reading this knows how long this type of application may take to process.

I will update the thread when they get the visa and let you know

Chock Dee All

[7by7]

From EEA Family Permits

EUN2.3 How quickly do I need to issue an EEA family permit?

Priority must be given to applications for EEA family permits. Wherever possible a decision should be made at the time it is lodged or after the interview is conducted.

However, the Regulations do not say that EEA family permits must be issued on the day that the application is made. Where doubts exist, further enquiries should be made and credibility should be tested. As long as delays are justifiable, applications can be tested until the ECO is fully satisfied.

In other words, EEA applications jump the queue. I don't think this is right, but various EU and EEA treaties mean that it's the law.

[dmax]

What type of visa does my cousin need to take his new wife to settle in the UK using his Irish passport. They have know each other only a short while and married recently.

Any experience on how long they are likely to wait on this visa?

worth checking if i have the facts correct here but as far as i know, irish citizens who marry then automatically the spouse has the right to irish citizenship. if this is so she can get an irish passport and therefore can enter the uk with no paperwork whatsoever

hello,

i am from belfast,i married my thai wife in bangkok in dec 10th 08 and next day submitted my eea family permit to the uk embassy in bangkok,,,my wife waited only 1 week to be granted her eea family permit visa,,,then we flew to belfast were she had to apply for her 5 year resident stamp within 6 months,,,she got her 5 yr resident stamp through no problem....i had to be working in uk and have my own house but you can rent a house also,,as long as you are wrking everything will be ok....from what i understand and have been told by many lawyers is that the uk immagration /embassy cannot refuse you this visa,,its law and its guaranteed as long as you have enough funds to keep your wife/your working/you have a house rented or bought/and also you have a valid irish passort

[dmax]

Anyone have any experience of how long he will have to wait for the EEA Family Permitafter the application is entered, applying in Bangkok?

ive heard between 1 week and 1 month but the eea family permit is quicker than preference over say a settlement or any other visa....just google....EEa family permit visa and you will get all the info from the home office website

[JimmyGreaves]

Anyone have any experience of how long he will have to wait for the EEA Family Permitafter the application is entered, applying in Bangkok?

ive heard between 1 week and 1 month but the eea family permit is quicker than preference over say a settlement or any other visa....just google....EEa family permit visa and you will get all the info from the home office website

It's also true that your wife can work on this permit, isn't it?

[7by7]

Yes

[steve187]

This EEa family permit visa route is the way to go for all eu citizens wanting to settle in the uk, it makes a mockery of the uk settlement rules. why can they not issue spouse uk settlement visas to all uk citizens applying, using the same criteira.

[7by7]

The EEA Family Permit criteria are not that different from those for a spouse visa under the UK immigration rules.

Applicants for both need to show that they can accommodate and support themselves without recourse to public funds.

The essential differences between the two are:-

EEA applicants only need to show that they are married; spouse visa applicants also need to show that their relationship is genuine.

EEA applications are free, spouse visas are not.

EEA applications take priority over those made under the UK immigration rules, so they jump the queue.

Of course, the same would apply for the non EEA spouse of a UK citizen who lived in, for example, the RoI.

[BelfastMike]

Fantastic!

I am also Northern Irish, therefore I can hold both UK and Eire Passports.

At last those goons in Brussels have dictated legislation to the UK which actually benefits me!

[7by7]

Just remember that once you have chosen to use your Irish citizenship to follow the EEA route you cannot later switch to being British for this purpose.

Spouse visa; ILR after 2 years. EEA after 5 years.

Spouse visa; British citizenship after 3 years. EEA after 5 years.

I am also not sure what the status of any children would be. If here with a British spouse on a spouse visa then they would automatically be British. But if you use your Irish citizenship to follow the EEA route then would they lose this right?

I don't know, does anyone?

[jimflan]

What type of visa does my cousin need to take his new wife to settle in the UK using his Irish passport. They have know each other only a short while and married recently.

Any experience on how long they are likely to wait on this visa?

worth checking if i have the facts correct here but as far as i know, irish citizens who marry then automatically the spouse has the right to irish citizenship. if this is so she can get an irish passport and therefore can enter the uk with no paperwork whatsoever

hello,

i am from belfast,i married my thai wife in bangkok in dec 10th 08 and next day submitted my eea family permit to the uk embassy in bangkok,,,my wife waited only 1 week to be granted her eea family permit visa,,,then we flew to belfast were she had to apply for her 5 year resident stamp within 6 months,,,she got her 5 yr resident stamp through no problem....i had to be working in uk and have my own house but you can rent a house also,,as long as you are wrking everything will be ok....from what i understand and have been told by many lawyers is that the uk immagration /embassy cannot refuse you this visa,,its law and its guaranteed as long as you have enough funds to keep your wife/your working/you have a house rented or bought/and also you have a valid irish passort

Dmax - I'm Irish citizen resident in UK, and wondering if you know what the process is for bringing other family memebers over via this route ? We are due to have our baby in 4 months in LOS (mrs din't want to have baby in UK) and not sure if we can bring the baby over on the same form, additional form or what. We are also looking to bring the wife's sister for a few months to help with the baby and my other kids - can she come over via this or do we have to go via the normal UK visitor visa route ?

[mrbojangles]

Just remember that once you have chosen to use your Irish citizenship to follow the EEA route you cannot later switch to being British for this purpose.

I got told i couldn't switch from settlement visa to the EEA route. This turned out to be cods wollop and that is exactly what i did. All it meant was that the "clock" started ticking again from the date i switched. I would presume that you can also do it the other way around but again, the "clock" starts ticking from the date of approval.

I am also not sure what the status of any children would be. If here with a British spouse on a spouse visa then they would automatically be British. But if you use your Irish citizenship to follow the EEA route then would they lose this right?

I don't know, does anyone?

I'm confused as to your question 7by7. If the child has a Britisn Citizen has one of the parents, then that child is entitled to British citizenship, in it's own right.

[mrbojangles]

Dmax - I'm Irish citizen resident in UK, and wondering if you know what the process is for bringing other family memebers over via this route ? We are due to have our baby in 4 months in LOS (mrs din't want to have baby in UK) and not sure if we can bring the baby over on the same form, additional form or what. We are also looking to bring the wife's sister for a few months to help with the baby and my other kids - can she come over via this or do we have to go via the normal UK visitor visa route ?

Your child can also come on the EEA family permit. If you are also a British Citizen, then the child is also entitled to a British passport and so can go the UK in it's own right.

I'm pretty certain that the sister would have to apply through the normal UK visitor route.

[AjarnChan]

Dmax - I'm Irish citizen resident in UK, and wondering if you know what the process is for bringing other family memebers over via this route ? We are due to have our baby in 4 months in LOS (mrs din't want to have baby in UK) and not sure if we can bring the baby over on the same form, additional form or what. We are also looking to bring the wife's sister for a few months to help with the baby and my other kids - can she come over via this or do we have to go via the normal UK visitor visa route ?

Your child can also come on the EEA family permit. If you are also a British Citizen, then the child is also entitled to a British passport and so can go the UK in it's own right.

I'm pretty certain that the sister would have to apply through the normal UK visitor route.

I took my wife's Mother and Sister over to the UK 'on my Irish Passport' without any problem. Under the EEA rules family members have an automatic right to travel with you, but not alone. In practice family is loosely defined as 'people who live with you', so in theory you must prove they are 'family' by showing them on the same house paper. However I was never asked for a house paper, and once I had shown the Embassy Staff the relevant EEA regulation they co-operated.

The first time I did this was back in 2004, and it was a struggle at first as the British Embassy people simply did not know about the EEA rules. I was extremely insistent, to the point that they almost ejected me from the Embassy, and for my trouble I got a Gurkha 'minder' assigned to watch me. I always got what I demanded. I was always studiously polite but totally insistent, I never asked or grovelled. Why should I when EEA law overules British domestic rules on this issue. However they learned the EEA rules in time, and surely by now it is not an issue?

For the record I am British/Irish/French and took on my 'birthright' Irish Citizenship in order to get my wife home to the UK. Just as the Thais are institutionally racist, and clearly prejudiced, against 'blacks & whites' so are many other peoples and governments. But the UN Declaration of Human Rights, signed by the majority of Governments, guarantees 'free movement', amongst other things, and we should all help to make that a reality, in my view. It is certainly not for the British, Thai or any other government to decide who I should marry, or live with.

[7by7]

Just remember that once you have chosen to use your Irish citizenship to follow the EEA route you cannot later switch to being British for this purpose.

I got told i couldn't switch from settlement visa to the EEA route. This turned out to be cods wollop and that is exactly what i did. All it meant was that the "clock" started ticking again from the date i switched.

Do you mean that your wife was in the UK with a settlement visa and you applied to the UKBA to switch her status to an EEA permit? If so, how?

Or did you simply forget about the settlement visa and apply in Bangkok for an EEA permit?

I am confident that if a joint EEA/British national brings his/her spouse to the UK with an EEA permit then they cannot then use their British nationality to obtain ILR for that spouse after 2 years and then British nationality after 3. I am sure that having started down the EEA route they have to follow that route all the way through.

However, if anyone can point to any official document that says otherwise, or if anyone has done so and can say how, then I will, of course, accept that I am wrong on this point.

The child's nationality question is one I am not certain about. I am reasonably sure that you are correct, and the EEA/British parent can use their British nationality to obtain British nationality for the child, and their EEA nationality as well if the rules of their EEA country allow, but I am not certain.

This is why I asked the question; can anyone say for sure?

Siblings do not qualify for an EEA family permit. From For European citizens > Rights and responsibilities

Your family is defined as:

• your spouse or civil partner;
  
• children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you; and
  
• the parents or grandparents of you, your spouse or your civil partner.

So any sibling would have to apply for the appropriate visa under the UK immigration rules.

Edit. Just read above post by AjarnChan, and to be honest do not understand how he managed a family permit for his wife's sister, as the regulations seem to say that siblings do not qualify, maybe the rules have changed since 2004, but I don't think so.

AjarnChan, can you go into more detail of how you managed it, please?

Edited May 30, 2009 by 7by7

[7by7]

Siblings do not qualify for an EEA family permit.........So any sibling would have to apply for the appropriate visa under the UK immigration rules.

Sorry, should have said that a sibling does not automaticaly qualify. An extended family member may qualify if they can show that they are dependent upon their relative.

[mrbojangles]

Just remember that once you have chosen to use your Irish citizenship to follow the EEA route you cannot later switch to being British for this purpose.

I got told i couldn't switch from settlement visa to the EEA route. This turned out to be cods wollop and that is exactly what i did. All it meant was that the "clock" started ticking again from the date i switched.

Do you mean that your wife was in the UK with a settlement visa and you applied to the UKBA to switch her status to an EEA permit? If so, how?

That is exactly what happened. They had changed the rules about LIUK test about 5 months before my wife was due to apply for her ILR, so she was in the UK about 19 months into her settlement visa. She had no time to enrol at a college and study etc. (they were full anyway). Which would have meant extention etc.

As for how we did it, we just applied on the relevant forms and sent them to Croydon. They tried to make a fuss about not being able to do it etc but with a lot of help from TheScouser, it was done with very little hassle.

Edit. Just read above post by AjarnChan, and to be honest do not understand how he managed a family permit for his wife's sister, as the regulations seem to say that siblings do not qualify, maybe the rules have changed since 2004, but I don't think so.

I didn't think that was possible either.

[7by7]

Thanks for that, I did not think it was possible.

However, I am still not convinced that one can do a switch the other way; i.e. from EEA permit to UK immigration rules.

[mrbojangles]

Thanks for that, I did not think it was possible.

Without The Scouser, I wouldn't have known either.

However, I am still not convinced that one can do a switch the other way; i.e. from EEA permit to UK immigration rules.

I don't know for certain either.

[jimflan]

Thanks for that, I did not think it was possible.

Without The Scouser, I wouldn't have known either.

However, I am still not convinced that one can do a switch the other way; i.e. from EEA permit to UK immigration rules.

I don't know for certain either.

I thought I hadwon the pools when I read about the EEA Family Permit option. But now I hear you have to apply for a Registration Certificate ahead of applying for the FP and tha the wait times on the certifciate are hoorendous (over a yeaR). This seems ridiculous when I am a dual citizen and have a house, job etc in UK i.e. I am self-evidently a resident. Is this registration certificate pre-requisite true - even for dual citizens ?

[Hannibal]

Anyone have any experience of how long he will have to wait for the EEA Family Permitafter the application is entered, applying in Bangkok?

ive heard between 1 week and 1 month but the eea family permit is quicker than preference over say a settlement or any other visa....just google....EEa family permit visa and you will get all the info from the home office website

My Thai wife and I (from Limerick, Eire) submitted the application for the EEA family permit visa on May 12th, and now, June 19th we still haven't had the result.

Apparently it's chaos down there at the moment as my wife has been reading the Thai applicants for visas on the Lady Inter site who are all facing similar problems e.g. long delays..

Now they are apparently processing all applications based not on when they were first made, but the departure date instead. They have emailed to say they can only guarantee it e.g. the result 1 week before departure date.

Personally, I think this is really bad as I wanted to visit a couple of European countries whilst there and as my wife's passport has been in the UK embassy Bangkok for the last 5-6 weeks this has now got to be cancelled. What an utter disaster! We can't even apply for her Irish visa which is free because they have kept her passport.

I've been to Saudia Arabia, Laos, and Vietnam all in the last year, and I've never had to wait more than 2 weeks for a visa to be processed.

Makes the UK visa service people look like an incompetent bunch of idiots of you ask me!!

Hannibal

Edited June 18, 2009 by Hannibal