Uk Settlement, Dual National

[jackinbkk]

Hi,

I have an English and an Irish passport. I've been in a long term relationship with my Thai girlfriend for about 3 years. We aren't married. I have lived in Thailand with her for nearly 2 years and she stayed in England with me for 6 months on a tourist visa.

I would like to get her to stay with me permanently in England. So we aren't married. I live in England, but I wonder if I can somehow have her become my unmarried partner as an Irish citizen?

Could I then use this rule?:

EEA nationals exercising their treaty rights to live and work in another EEA state are entitled to take their family with them

Has anyone been down this route and could they please advise?

From other posts I have seen that for one thing it is much cheaper.

The sooner I can get her to England on a permanent basis the better.

Does this route also avoid the A1 English test. She could probably pass this but i'm not 100% confident. She did fine here in England for 6 months, even shopping by herself.

Thanks for any help.

I'm travelling to Bangkok next month and looking at another 6 month UK tourist visa as an immediate way for her to be here again.

[7by7]

Yes, you can use your Irish citizenship to obtain an EEA Family Permit for her, and if she does this she will not need to pass the English test.

However, to qualify as your unmarried partner the two of you need to have been living together in a relationship akin to marriage outside the UK for at least the last two years. From what you have said, you haven't been.

However, were you to marry then she could apply as your spouse.

See EEA Family Permits

[jackinbkk]

thank you,

but do I need to get her a visa as my unmarried partner in Ireland first or just go straight for an EEA Family Permit ?

That bit I do not understand?

Thanks

[jackinbkk]

and i wish i'd known about this 12 months ago!

[7by7]

There is no need to obtain an Irish visa for her, unless you intend to visit or live in the Republic.

See also EEA and Swiss nationals - visa application guide and Applying under European law.

BTW, if you use your Irish nationality to obtain an EEA Family Permit for her to live in the UK, she cannot switch to being the spouse of a British citizen later on, e.g. for naturalisation purposes. She will be able to apply for naturalisation if she wishes, but only after living in the UK for at least 5 years, not the minimum 3 years for the spouse/partner of a British citizen.

[jackinbkk]

7by7 thankyou for your help with this. I have begun the process and completed 99% of the permit/visa. The questions are very similar to a tourist visa.

I am unclear however about the duration of a family member permit. Are they only issued for 6 month periods and then extended?

I would like to list return date or duration as ongoing/unknown etc. but I suppose this is not an option?

I would appreciate any advice.

Thank you

-Jack

[7by7]

I am not totally au fait with the EEA regulations, but as I understand it the permit will be valid for 6 months, and she must use it to enter the UK during this period or it will lapse and she will need to obtain a new one.

Once in the UK she can, provided you have been continuously in employment in the UK for at least 12 months, apply for a family residence card. She doesn't have to do so, but it is proof of her right to reside in the UK should she ever need it; e.g. goes abroad without you.

Once she has been here 5 years she can apply for permanent residence.

That's my understanding of the situation; hopefully someone more knowledgeable than I will be able to confirm or correct.

[jackinbkk]

I am not totally au fait with the EEA regulations, but as I understand it the permit will be valid for 6 months, and she must use it to enter the UK during this period or it will lapse and she will need to obtain a new one.

Once in the UK she can, provided you have been continuously in employment in the UK for at least 12 months, apply for a family residence card. She doesn't have to do so, but it is proof of her right to reside in the UK should she ever need it; e.g. goes abroad without you.

Once she has been here 5 years she can apply for permanent residence.

That's my understanding of the situation; hopefully someone more knowledgeable than I will be able to confirm or correct.

When it comes to knowledge about these kinds of things I think you are at the top.

Thanks very much. What you have said has now made a lot of other things i'd read about become clearer.

Thanks again

-Jack