Maryb1988

Hi

We currently live in America and have been married for almost 4 years and living together 5 years

I am an irish citizen from northern Ireland but can have dual citizenship. My husband is american anf my baby was born here too.

Im not worried too much about my baby
As i can apply for her irish passport.

We want to move home to live in northern ireland and would like some information on what the best way to go about this is. We want to move to northern ireland as thats where all my family are.

If anyone has done this and can share their experience with me i would greatly appreciate it.

I have tried researching online and its so confusing.

Thanks

SanDiegogirl

He needs to apply for a settlement visa:

https://www.gov.uk/join-family-in-uk

There are financial criteria the British spouse must comply with. Read the following document carefully to see how you could qualify:

https://www.gov.uk/government/upload...equirement.pdf

If your husband has British (parent/grandparents) or European roots there may be other ways he can enter and live in the UK.

Maryb1988

Thanks for your help.

Another question, would my baby and i go to Northern ireland and he would apply and come after us?

SanDiegogirl

Depends on how you meet the financial requirements.

If you are working now and earn 18,600 GBP per annum AND you have a job to go to in the UK also earning that amount of money, then you apply now and travel together when its approved.

If you have no job now then you need to travel to the UK get a job paying 18,600 GBP, stay in it for 6 months and then apply for the visa. Husband needs to remain in the US.

If no income then you need to rely on savings/investments of 62,500 GBP have this amount for 6 months, apply and then travel together.

Read the document I sent you to see how you qualify.

chaoclive

Other options (which may or may not suit you):
1) Renounce your British citizenship and just have your husband apply for an EEA family permit from the British Embassy. Actually, this permit would not be even necessary as a USA citizen doesn't need a visa to enter the UK.
2) Undertake the Surinder Singh route (work in another EEA country, NOT one of which you are a citizen and then return to NI.

Just letting ya know that there are other options for dual UK/Irish citizens.

SanDiegogirl

While a US citizen does not need a visa to visit the UK, they certainly do to live and work there.

I would recommend obtaining the Family permit prior to entering the UK, and then applying for residency permit.

Vadio

And, what so many folk don't realize is that the entry stamp you get at the border/port of entry to the UK is a visa. You don't necessarily need to apply for a visa to VISIT the UK beforehand, but you do in fact need a visa to enter (the PP stamp) - no stamp at the border = denial of entry and back on the plane to wherever.

Plus you need absolutely need a visa to live and work in the UK (as SanDiegogirl just said).

chaoclive

In response to your first point above: I'm sure you're aware that we are talking about the family member of an EEA citizen here. Therefore, he will have automatic right to entry to the UK (unless they refuse him on public policy, public security or public health grounds; if this is the case then they will have to provide detailed reasons) as long as he satisfies the conditions (which are really basic). As has been noted many times in the past, the stamp/EEA family permit/RC etc does NOT confer the right; it simply confirms it. There is a difference.

Some people will argue that some family members won't get on an airplane without a visa: whilst this is generally correct, we are talking about a USC entering the UK in this instance.

1) My meaning was that he would not need to apply for any form of entry visa prior to arriving at the UK border, provided his wife is Irish only (or after undertaking Surinder Singh) and they are traveling to the UK together. He could benefit from Code 1A (which I'm sure you will argue is a visa).

See: Free movement of people and adopting EU provisions | News | Law Society Gazette
"Most UK immigration officers are now aware that, under the treaty, a non-EEA national who does not hold an EEA family permit can make an entry clearance application on arrival and should be allowed entry to the UK if satisfactory evidence of their right under the directive is provided."

I know of a lady whose husband is a USC. The husband DID NOT apply for any form of visa in advance, nor did he ask for Code 1A at the border. He entered as a normal visitor and stayed in the UK until they applied for a residence card for him in the last year or so. Nothing happened.

2) You both are wrong about the 'absolute' need to have a 'visa' to live and work in the UK.

Entry 'visas' are mentioned above.

See: https://www.gov.uk/family-permit.
"Stay after your EEA family permit expires
You can stay in the UK after your permit expires if you:
-are the family member of an EEA national - see if you’re eligible
-qualify under the ‘Surinder Singh’ judgement
-have a retained right of residence
-have a derivative right of residence"

See here: https://www.gov.uk/apply-for-a-uk-re...-card/overview.
"You don’t need to apply for a residence card as a family member but it can:
-help you re-enter the country more quickly and easily if you travel abroad
-show employers you’re allowed to work in the UK
-help prove you qualify for certain benefits and services"

Note the use of the word HELP above. It is advisable to have one as this will make things a lot easier (I have never advised anyone not to apply for a residence card when in the UK), but I am 100% sure that nothing can be done by the UK government if you don't have one, as long as you can prove that you are the family member of an EEA citizen (marriage/birth cert, proof of residence etc).

chaoclive

See below. You're not 100% correct. We are talking about the family member of an EEA citizen here. The rules are slightly different.

NB: this is based on the premise that the OP either has completed Surinder Singh in another EEA country OR she has renounced British citizenship (as I did).

Vadio

I'm very well aware of the EEA free movement regulations as is SanDiegogirl. The OP stated that she was 'an irish citizen from northern Ireland but can have dual citizenship'. Given that statement, she may or may not be an EEA citizen at this point in time, if indeed she is "from northern Ireland".

Had the OP made a more definitive statement initially, the response(s) would have likely been different.

chaoclive

My post (#5) clearly laid out the options to which I was referring:
"Default Re: Moving to northern Ireland with American Husband and baby
Other options (which may or may not suit you):
1) Renounce your British citizenship and just have your husband apply for an EEA family permit from the British Embassy. Actually, this permit would not be even necessary as a USA citizen doesn't need a visa to enter the UK.
2) Undertake the Surinder Singh route (work in another EEA country, NOT one of which you are a citizen and then return to NI.

Just letting ya know that there are other options for dual UK/Irish citizens."

Based on 1) Renouncing British citizenship my comments were correct.

Just to clarify: she DEFINITELY is an EEA citizen (as is anyone else holding citizenship of any country in the EEA). The issue is how she will be viewed by the British government, should her husband apply for an EEA family permit.

I, myself, am also from Northern Ireland and fully understand the situation the OP is in as I was in exactly the same position a few years back.

Maryb1988

Right now i hold an Irish passport but from what i gather i need a british passport to sponsor my husband into Northern Ireland. This is not a problem as i can have a British passport.

As i currnetly have no job, Is it better for me and baby to go home get a job and have husband come over 6 months later?
If so does he apply before he leave or when he arrives in Northern Ireland?
Can he work with this permit?
How long after can he gain residence and citizenship?
Sorry for all questions
And Thanks for all the Info

BritInParis

Before we start going down the renunciation route does your American husband have any recent European ancestry of his own?

Maryb1988

No he does not he was born and grew up in Honduras until the age of 9 then he came to USA with his father.

robbieryan

Hi.

I'm really glad I found this.

I too am from northern ireland with an american wife and daughter, have another kid on the way who will also be american.

We are planning to move back to N.I. Next year.

Is it correct that we only need a family permit, and then my wife can apply for a residency card inside the the UK? My kids ( I assume) can just get the passports when we get there.

I believe the UK no longer requires the annual salary that they did the last few years.
we wanted to move back last year, but all the spouse visa requirements were far too troublesome.

I need to find a job when we return. Is this a problem for us resettling there? Or do I need to have job already?

I have a british passport, and funny enoughmy wife was also born in honduras.