007

Hi guys

We currently reside in OZ and are in the early stages of planning our move to the ROI early next year.

My partner of 3 years and I plan on marrying in the US, While in tranist, on the way to Ireland

I'm a dual Aussie/British citizen and my partner only holds an aussie passport.

Is this the correct procedure for when we arrive:

At Dublin airport, I basically just go through using my EU passport.

My partner uses her aussie passport and gets the 3 month holiday visa stamp.

We then show at the Garda National Immigration Bureau in Dublin so my then wife (married to me, an EU citizen) can get a permit (I believe it's the category 4 green card) to legally reside and work in Ireland without restriction.

Does this sounds about right?

JAJ

It may not be as simple as that. The Irish immigration and naturalisation system is a complete mess, long waiting times and inconsistent decisions.

Plus, they have apparently started refusing residence permits to spouses of EEA member state citizens who have not previously lived in an EEA state.

http://www.immigrationboards.com/viewforum.php?f=34 is the place to ask more detailed questions on Irish immigration.

Also - be aware your wife will need to wait 5 years before she is eligible for Irish citizenship, and currently processing times for that are 2-3 years.

Is moving to Northern Ireland an option instead? You then can access the simpler British immigration system and it will be only 3-4 years to British citizenship, not 5-8 years.

007

Thanks JAJ, you're right after further research, as it currently stands, I have found my soon-to-be aussie wife will not be able to live in the ROI unrestricted as she has not lived in an EU country.

I believe the Irish govt. has been taken to court over this matter, as the other EU countries have no such rule. From what I've read the ruling is due early June.

Hopefully they come to their senses before we want to move.

If all else fails I guess we just go to NI for 6 months and then apply for the EU1 to live and work in the ROI.

I wasn't wanting to do this though, as the the greedy British govt will charge $1300 for the visa for my partner.

Fenton

Does your aussie partner qualify for any sort of European passport?, could be a way forward

JAJ

No more than the "greedy Australian government" charges for migration visas.

Why not stay 3 years in Northern Ireland so that your wife can get her British citizenship? Then she can move with you to the Republic of Ireland without any visa hassles.

As an aside, how did you get your British citizenship? Are you born or naturalised in the UK, or did you get it by descent from your parents?

If the latter, then you need to be aware that children you have born outside the UK won't automatically be British citizens. But if your wife becomes naturalised British (in Northern Ireland) then this would allow children born later on in the Republic of Ireland (or Australia) to be British citizens by descent based on her status.

adiestubbs

Just paid AUD$1990 for my application for a visa for OZ. Unrefundable if unsuccessful.

007

I'm a British citizen, I don't see why my wife should have to pay $1300 just to live me in Britain.

007

I'm a British citizen because my father was born in England and moved out to oz before I was born.

My partner and I don't want children (and no we will not be changing our mind), so naturalisation is not an issue.

It seems the Irish govt won the case - therefore, if we wanted to move to the ROI we would need to move to a British (or another EU) country first, establish residence there and then apply for the EU1 for the ROI.

We have no interest in living under British rule (i.e NI) but will do it for 6 months if it gets us to where we want to go.

007

Nah unfortunately not mate. She was born in oz, so to were her parents and g/parents.

But I appreciate you covering all bases for me.

JAJ

Naturalisation isn't an issue for children obviously if you don't intend having them, but it still makes a difference for your wife.

Easiest way for her to get into Ireland is likely to become naturalised British first. Anywhere in the United Kingdom will do - but Northern Ireland is obviously closest to the Republic of Ireland, if that's your goal.

It's not at all clear why a British citizen from England should have a problem living in another part of the United Kingdom.

007

She only needs to establish residency in an EU country first- proof of lease and bills etc. There's no need for us to wait for naturalisation.

007

It might be easier just to find a new partner who has english or Irish parents.



$1300 buys alot of beer.

JAJ

Well yes that's true. Except that you ought to be aware that if she wants Irish citizenship she will need to wait a long time - 5 years after arrival in the Republic of Ireland plus 2-3 years processing time (on current trends).

Much longer than it would take to get British citizenship if she lived in Northern Ireland.

With a British passport she could move to the Republic of Ireland without any visa hassles.

Your choice, really.

007

I believe the only benefit of gaining Irish citizenship would be being able to vote in presidential elections. We don't care much for politics, so this is not a con for us. It will actually be a luxury not to have to vote. I'm sure you're aware, in oz, citizens over 18 have no choice. You vote, or you get fined, which is hardly democratic IMO.

Another benefit I'm aware of- uni study is cheaper if you're a Irish citizen - which is also not a concern as she already has a diploma and a uni degree.

The EU1 Visa will allow her to freely live and work in the ROI. Her aussie passport will allow holidays within the EU for stays of up to 3 months in each country - which is more than enough.

Is there anything "major" that would warrant us staying somewhere we don't want to be (NI) for 3 years?

JAJ

As far as I am aware, Irish electoral law is such that she will only be able to vote in local elections as a non-citizen. You, as a British citizen, will be able to vote in national elections too.

Clearly her Australian passport is ok for vacation travel elsewhere (although there are some countries where British and Irish passport holders don't need visas while Australians do) and you say that voting and education costs don't bother you greatly. And you say you don't plan children so their status isn't a big deal.

The key advantage to her of having a British - or Irish - passport is that she has the right to move between countries in the EEA independently of you. Or go back to Australia for a while and then return freely. And with no delays/hassles required to get visas.

There may be some other advantages, such as working in public service jobs, or transferring professional qualifications to another EEA state, where lack of citizenship could be an issue.

So it seems that after you have clocked up your 6 months in the UK - Northern Ireland or elsewhere - then your choice boils down to:

- stay on in the UK for another 3 years, your wife gets her naturalisation + British passport, then you move to Republic of Ireland; or
- if she can get an ROI visa, move to ROI without waiting for British citizenship. In that case it's likely a 6-8 year wait for an Irish passport. Bear in mind that Ireland imposes certain requirements on naturalised citizens living outside the country, while Britain does not.