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Irish Nationals - British Subjects - b2 visa

Irish Nationals - British Subjects - b2 visa

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Old Oct 3rd 2011, 9:02 pm
  #1  
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Default Irish Nationals - British Subjects - b2 visa

Monumental Screw-up!

I am already in the US and am marrying my American fiancee in two weeks. The (small) wedding is booked, and flight tickets bought for my parents. They, my parents, have resided in the UK since the 60s, and both were born before 1949. They each hold a British Passport.

I was filling out the online ESTA form for them, and discovered that because they are "British Subjects", their British passport does not qualify them for the Visa Waiver Program. Tomorrow morning, my parents will book an appointment with US Embassy in London to apply for a visa. Unfortunately, their flight is booked for this Friday.

We can probably change the date of the wedding, and change the dates of the flights (for a hefty fee), but I would dearly like to avoid this. I understand that it is possible for my parents to obtain a British Citizen passport (citizenship is usually granted for Irish Nationals in such circumstances), but I can find little information about this (I imagine it would take time - yes?).

I have three questions:
  • How long are my parents likely to have to wait for an interview at the US Embassy?
  • Is the estimate at the US Embassy (London) website of 5 working days to process the claim reasonably accurate?
  • Does anyone have any bright ideas of how we might get around this whole problem?
Thanks.
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Old Oct 3rd 2011, 9:16 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by Osc
Monumental Screw-up!

I am already in the US and am marrying my American fiancee in two weeks. The (small) wedding is booked, and flight tickets bought for my parents. They, my parents, have resided in the UK since the 60s, and both were born before 1949. They each hold a British Passport.

I was filling out the online ESTA form for them, and discovered that because they are "British Subjects", their British passport does not qualify them for the Visa Waiver Program. Tomorrow morning, my parents will book an appointment with US Embassy in London to apply for a visa. Unfortunately, their flight is booked for this Friday.

We can probably change the date of the wedding, and change the dates of the flights (for a hefty fee), but I would dearly like to avoid this. I understand that it is possible for my parents to obtain a British Citizen passport (citizenship is usually granted for Irish Nationals in such circumstances), but I can find little information about this (I imagine it would take time - yes?).

I have three questions:
  • How long are my parents likely to have to wait for an interview at the US Embassy?
  • Is the estimate at the US Embassy (London) website of 5 working days to process the claim reasonably accurate?
  • Does anyone have any bright ideas of how we might get around this whole problem?
Thanks.
They have a valid, unexpired British Subject passport? Do they hold a passport from any other country? This is quite rare.

Can they get an Irish passport?

Unless they can get a VWP eligible passport, or a visa, then they cannot travel to the US.

You could try emailing the consulate for an expedited appointment. A wedding may not be seen as an emergency, but it's up the the consulate to decide that.
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Old Oct 3rd 2011, 9:28 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

If they were born in ireland before 2005, they are irish citizens and entitled to an irish passport. They should apply for one and use that for the ESTA.
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Old Oct 3rd 2011, 9:32 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by crg
They have a valid, unexpired British Subject passport? Do they hold a passport from any other country? This is quite rare.
They do not have an Irish passport (they both moved to the UK in their teens). They do not hold a passport from any other country. Their "British Subject" passport valid and unexpired.

Can they get an Irish passport?
In time? I would think this unlikely. From what I understand, Irish passport services are slow, but this information might be outdated.

Unless they can get a VWP eligible passport, or a visa, then they cannot travel to the US.
So I understand.

You could try emailing the consulate for an expedited appointment. A wedding may not be seen as an emergency, but it's up the the consulate to decide that.
I'll try that. My parents are going to contact the passport office in Peterborough in the morning, just in case it is possible to change their passport for a UK Citizen type, and if so, go there in person. I don't think it will be this simple to make the change.
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Old Oct 3rd 2011, 9:35 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by dreamercon
If they were born in ireland before 2005, they are irish citizens and entitled to an irish passport. They should apply for one and use that for the ESTA.
I'll look into how they might achieve this. Though it will be difficult (near impossible) for them to visit Ireland to do this, and it will probably take too long to do by post.
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Old Oct 3rd 2011, 9:45 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

Btw there is a straightforward procedure for registering as a british citizen. But that will take a lot longer than applying for an irish passport.


See http://www.bia.homeoffice.gov.uk/bri...itishnational/

Last edited by dreamercon; Oct 3rd 2011 at 9:58 pm.
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Old Oct 3rd 2011, 10:46 pm
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by Osc
I'll look into how they might achieve this. Though it will be difficult (near impossible) for them to visit Ireland to do this, and it will probably take too long to do by post.
Since they're resident in the UK, any Irish passport applications must be submitted via the Irish Embassy's passport office in Cromwell Road, London. More details and contact information here:

http://www.embassyofireland.co.uk/ho....aspx?id=33716
http://www.embassyofireland.co.uk/ho....aspx?id=85700

From what you've said, they'd be first time applicants, so I'd say the chances of obtaining Irish passports in the next few days are slim. Still, it'd probably take a few weeks, whereas a citizenship application to the UKBA would take a few months.

Depending what date they get for the US Embassy interview, they may wish to pursue the visa option while waiting for Irish passports to be issued, and use whichever they get first.

Last edited by brioche; Oct 3rd 2011 at 11:03 pm.
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Old Oct 4th 2011, 12:07 am
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Default Re: Irish Nationals - British Subjects - b2 visa

British subjects may lose that status if they acquire another nationality so that is something to consider too.
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Old Oct 4th 2011, 12:11 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by crg
British subjects may lose that status if they acquire another nationality so that is something to consider too.
This does not apply to British subjects by virtue of Section 31 of the British Nationality Act 1981. There is no problem to hold Irish citizenship + British subject status but it's usually best to get British citizenship.

As someone else has mentioned, the best option medium term is to upgrade their status to British citizen by registration with the Home Office, if they are living in the United Kingdom. Registration normally gets priority and should normally take a month or two, but every case is different.

In the meantime, if they want to visit the USA they need Irish passports or a visa in their British passports.

The British subject passport with a Right of Abode endorsement only recently became eligible for visa free travel to Canada (the same problem existed) and is not eligible for the Australian electronic visa systems.

Last edited by JAJ; Oct 4th 2011 at 12:14 am.
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Old Oct 4th 2011, 12:30 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by crg
They have a valid, unexpired British Subject passport? Do they hold a passport from any other country? This is quite rare.
They do not have an Irish passport (they both moved to the UK in their teens). They do not hold a passport from any other country. Their "British Subject" passport valid and unexpired.

Can they get an Irish passport?
In time? I would think this unlikely. From what I understand, Irish passport services are slow, but this information might be outdated.

Unless they can get a VWP eligible passport, or a visa, then they cannot travel to the US.
So I understand.

You could try emailing the consulate for an expedited appointment. A wedding may not be seen as an emergency, but it's up the the consulate to decide that.
I'll try that. My parents are going to contact the passport office in Peterborough in the morning, just in case it is possible to change their passport for a UK Citizen type, and if so, go there in person. I don't think it will be this simple to make the change.
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Old Oct 4th 2011, 12:34 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by Osc
I'll try that. My parents are going to contact the passport office in Peterborough in the morning, just in case it is possible to change their passport for a UK Citizen type, and if so, go there in person.
Probable waste of time to call the Passport Office, unless by some chance they have a father who was born in the United Kingdom (as defined at 1.1.49) or a colony/protectorate.

Or (for the benefit of anyone else) if it so happens that they were born before 6 December 1922 and left the jurisdiction permanently before then.

The Passport Office cannot do anything to give someone British citizenship - that is the responsibility of the Home Office. They can only help in the situations where someone happens to be a British citizen already. Which your parents might be, but birth in the Republic of Ireland, on its own, generally won't do.

Otherwise - the series of events has to be to get British citizenship through the Home Office, then go to the Passport Office with a British citizenship certificate. They can issue a British citizen passport then - but not before.

Sympathies on this problem, it is not the first time it's occurred.

Last edited by JAJ; Oct 4th 2011 at 12:56 am.
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Old Oct 4th 2011, 4:29 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by JAJ
Probable waste of time to call the Passport Office, unless by some chance they have a father who was born in the United Kingdom (as defined at 1.1.49) or a colony/protectorate.

Or (for the benefit of anyone else) if it so happens that they were born before 6 December 1922 and left the jurisdiction permanently before then.

The Passport Office cannot do anything to give someone British citizenship - that is the responsibility of the Home Office. They can only help in the situations where someone happens to be a British citizen already. Which your parents might be, but birth in the Republic of Ireland, on its own, generally won't do.

Otherwise - the series of events has to be to get British citizenship through the Home Office, then go to the Passport Office with a British citizenship certificate. They can issue a British citizen passport then - but not before.

Sympathies on this problem, it is not the first time it's occurred.
I would go for the Irish Passport, going to be the quickest option.
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Old Oct 4th 2011, 4:44 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Hi,

Sorry for the double-post - I'm sure I wasn't even at the computer at the time. The cat likes to walk on the keyboard - maybe it was that, but I still don't see how.

Anyway, thank you all for the replies. It looks like we will have to go down the visa route. It seems that the Irish passport will take at least as long, and probably a lot longer (yes, it would be a first time application for an Irish passport).

I will know the appointment time with Embassy in a few hours. I understand that appointments for B1 visas are pretty swift - is that the case? Does anyone have an idea of present waiting times?

Thanks.
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Old Oct 4th 2011, 4:49 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by Boiler
I would go for the Irish Passport, going to be the quickest option.
Re: http://www.embassyofireland.co.uk/ho....aspx?id=85700

They've never had an Irish passport. I'm not sure how long it will take, but first time applicants cannot have their application expedited.
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Old Oct 4th 2011, 7:56 am
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Default Re: Irish Nationals - British Subjects - b2 visa

Originally Posted by Osc
Hi,

Sorry for the double-post - I'm sure I wasn't even at the computer at the time. The cat likes to walk on the keyboard - maybe it was that, but I still don't see how.

Anyway, thank you all for the replies. It looks like we will have to go down the visa route. It seems that the Irish passport will take at least as long, and probably a lot longer (yes, it would be a first time application for an Irish passport).

I will know the appointment time with Embassy in a few hours. I understand that appointments for B1 visas are pretty swift - is that the case? Does anyone have an idea of present waiting times?

Thanks.
They're going for a B2 not a B1.... I'm sure it's simply a typing error!
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