hooper

Getting organized to apply for my spouse visa next month, will be happy to get it over with!

I have a question about my husband. I am a US citizen and he was born in the UK to Irish parents, has lived in the UK all his life except for spending his teenage years in Ireland, he does not hold a UK passport, only a Republic of Ireland passport.

Should he apply for a UK passport? Will this be a problem for him to be my sponsor for a spouse visa since technically he is not a UK citizen? Do I put him down as an Irish citizen on the spouse visa? Yes, I suppose I should since he is an Irish citizen, but since he was born in the UK, he is a UK citizen also, no? But then again, since he doesn't hold a UK passport, is he not a citizen?

I am totally confused by this and probably should be able to figure this out myself, but between organizing getting the pets and myself over to the UK, my head feels like it is about to explode, sorry,

mikelincs

Does he have a British birth certificate, if so, he is a British Citizen and should be able to apply for a British Passport.

hooper

Thanks mikelincs,
Does he need to get a British Passport for me to apply for a UK spouse visa? Can it be done with him only holding an Irish passport and if so, would he be considered an Irish or British or (both)? citizen on the spouse visa application?

roaringmouse

A British birth certificate by itself does not mean the person is British, if born after 1983. However as the parents were Irish citizens living in the UK, they would be considered settled which means in this case the OP's husband is a British citizen.

OP - you will need to apply for a visa under the UK rules due to him being British. I'm not clear on whether or not your husband would need a UK passport if he can prove that he is a British citizen, but it would be better for him to get one anyway.

hooper

Thank you roaringmouse,

Ok, since he was born before 1983 to settled Irish parents, he is considered a British citizen, even without a UK passport....?

So on the UK spouse visa application, do I put him down as an RoI citizen and submit a copy of his Irish passport & a copy of his UK birth certificate?

Or, do I put him down as a British citizen and submit a copy of his Irish passport and a copy of his UK birth certificate?

He absolutely refuses to get a British passport by the way....

roaringmouse

Yes, a passport is just a travel document. By the sound of it, your husband is British otherwise than by descent, and Irish by descent. You put him down as British. I would probably check with an OISC registered adviser, or on an immigration forum like UKResident whether or not this would be an issue. He would be sponsoring you as a British citizen.

hooper

Thanks roaringmouse, I will follow up with UKResident

JAJ

If he feels that way about the United Kingdom, it's curious that he's planning to live there. Wouldn't it make more sense to move to the Republic of Ireland? Right now, your visa/citizenship pathway would also probably be more straightforward.

hooper

Well he is not planning to live in the UK, he already lives and works in the UK and has done so pretty much all his life. He says he has no need for a British passport, when he has a perfectly good working Irish passport in his hand


From the spouse visa application......

4.12 spouse/partner’s nationality/nationalities........

I think I will just answer that he is both, British/Irish, he is really I suppose, a dual citizen with or without a UK passport, right?