gadshill

I have been to the UK.gov website but I think I need some guidance on how this works.

We are an American family; my husband (and only my husband) has dual citizenship (American and Irish). We are planning on relocating to the UK next August (2017). Our 15 year old daughter will be applying to either Colchester Sixth Form in Colchester, or Parkside Sixth in Cambridge (we visited both this past summer). She will apply this/next month. Our niece, of whom we have legal guardianship, would like to attend either Colchester Institute or Cambridge Institute and study child development. She will submitting her applications soon.

I will take early retirement from my civil service job and so we will have partial pension, some rental income and some retirement income. We think that it will total up (income wise) to about $4000/mo. We will also have retirement savings and savings in our bank account. Ideally, we would like to find some part-time, freelance work, but it wouldn't be urgent.

So, does each family member do a separate EEA Family Permit application? Next, how soon can we submit the application? Do we have to submit our original passports? How long does it usually take to process the application? Does my husband have to submit his Irish passport as well, or how does the government know he's an EU citizen?

What else should we submit?

marriage certificate?
our daughter and niece's birth certificate?
what do we need to show that our niece is our dependent?
what kind of financial information would we need?

Thanks!!!

SanDiegogirl

Each of you (apart from hubby) applies for an EEA Family permit.

Read the following website carefully.

https://www.gov.uk/family-permit/overview

The permit usually takes only about 2 to 4 weeks to process.

Basically the family is entering the UK based on your husband exercising his rights as a European citizen.

Note that if he is not working (ie. self sufficient) then comprehensive medical insurance is required for you all. i.e no NHS eligibility

The initial permit is valid for 6 months. Following this, in order to get the permanent residency permit, husband must be a qualified person, i.e working, studying, self employed, self sufficient.

Note that your daughters will be paying foreign student fees as you have not lived in the UK for three years minimum.

If your husband is Irish are your daughters not eligible for Irish citizenship too?

gadshill

Unfortunately my husband got his citizenship just a few years ago, before our daughters were born. So he's the only one with Irish citizenship.

It's my understanding that education at a state funded sixth form college is free to home students, under the age of 19. Colchester Sixth Form is for students ages 16-19. Colchester Institute is a further education school with program for 16+ school leavers. The folks there also told me that our niece could be considered a home student.

However, for university study, the 3-year rule applies.

BritInParis

The normal rules regarding the exercising of Treaty Rights don't apply to Irish citizens who are automatically considered 'settled' providing they are ordinarily resident in the UK.

not2old

since the husband is an Irish citizen wouldn't the children be eligible for Irish citizenship?

As for the EEA FP for the OP since she is the wife if an Irish citizen, why could she not apply for an EEA, and if not, why not - how could this be resolved?

Thinking outside the box if the EEA is not possible, could the Irish husband citizen simply take his American spouse into Ireland (American citizens can stay up to 6 mths without a visa), then she gets an Ireland residence card which allows her to then move to the UK without a visa?

Spouse of an Irish National/Civil Partnership with an Irish National

Of course the other option is the family moves to Ireland then after a period of a few years the wife gets her Irish citizenship

gadshill

We are living in the US. We had thought about schooling in Ireland, but none of the schools contacted us. We visited several public schools this summer and had four interviews.

https://www.dfa.ie/irelanduk-citizenshipandpassports/

gadshill

At the UK.gov website, when I say my husband is from Ireland, he needs no visa to come, visit, work, study or live. When I put in I am from the USA, it gives me a bunch of different options. But again, if my spouse is Irish, can't I use the EEA family permit process?

HartleyHare

You shouldn't have to pay for the college, but the application forms may ask the question regarding residency (all of my local Sixth Forms ask this).

We have had this scenario presented before on BE and if you read the attached thread, especially post # 19, you will find a link to the official UK Govt guidelines: http://britishexpats.com/forum/movin...-861934/page2/

SanDiegogirl

Are you saying that non EU family members of Republic of Ireland citizens are not eligible for the EEA Family permit to enter the UK?

I'm no expert on this, but I thought that Northern Ireland citizens (who can have either Irish or Brit passports) came under Brit law when it came to Immigration, but Republic of Ireland citizens were subject to EU law and regulations.

If you are correct in what you are saying (and I'm certainly not saying you are not) then this couple would need to enter the UK under British Immigration rules and yet he only holds US and Irish passports.

The following website does include spouses of Republic of Ireland citizens as eligible for EEA permits.

https://ukimmigrationspecialist.com/...amily-permits/

gadshill

My husband is a citizen of the Republic of Ireland (and has a passport).

BritInParis

Not if the father became an Irish citizen after their birth by entering his name into the Foreign Birth Register which appears to be what happened in this particular case.

She can.

You can.

I'm not.

SanDiegogirl

Not trying to be awkward here just making sure I have the facts straight ........

If you are not saying that the poster cannot apply for the EEA FAmily permit what did you mean by the following statement?

The normal rules regarding the exercising of Treaty Rights don't apply to Irish citizens who are automatically considered 'settled' providing they are ordinarily resident in the UK.

The above implied to me that the poster could NOT apply for the EEA permit.

Also, the father obtained his Irish citizenship prior to the birth of his daughters, so presume they could get Irish passport if wished?

BritInParis

I didn't imply anything. I stated that Irish citizens are consider settled from the moment they arrive in the UK. This means, unlike other EU/EEA citizens, the OP's husband doesn't need to exercise his Treaty Rights in order to remain in the UK. This does not affect the family's eligibility for EEA Family Permits.

If that was the case, and he obtained his citizenship via the Foreign Births Register, then his daughters would also be eligible for Irish citizenship in the same way however the OP stated that her husband didn't acquire his Irish citizenship until after the birth of their children in Post #3.

SanDiegogirl

Many thanks........ fully understand your responses now.

Full steam ahead then for this family to apply for their permits.

In response 3 the op says:

Unfortunately my husband got his citizenship just a few years ago, before our daughters were born. So he's the only one with Irish citizenship.


Am I misunderstanding this too....... ?

BritInParis

I think that's just a typo. If the daughter is 15 years old and the husband got his Irish citizenship 'just a few years ago' then it's safe to assume that the OP meant her husband didn't get his citizenship until after she was born.