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✎ EN N Ireland Resident - UK or Irish Spousal Visa

Тема в разделе "Immigration UK", создана пользователем Chas44, 3 ноя 2009.

  1. Chas44

    Chas44 New Member

    Регистрация:
    3 ноя 2009
    Сообщения:
    2
    Симпатии:
    0
    Адрес:
    Northern Ireland
    Страна:
    Великобритания
    Национальность:
    Британская (GB)
    Язык:
    English
    I intend to get married in the Philippines next year.

    Can anyone advise me of my best option.

    I live in N Ireland and therefore can avail of an Irish Passport, however most of my trips to the Phillippines was on my British Passport.

    Can the Irish embassy in Manila issue a spousal visa to my wife if she will live with me in N Ireland?

    Evidence of my visits to the Philippines are in my British Passport, will this make any difference to the Irish authorities in checking the validity of my relationship with my wife?

    I apologise if this topic has already been covered in another thread - I have always been confused by this issue as the Irish authorities would have no actual jurisdiction in N Ireland, yet I am led to believe they do issue spousal visas to wifes of Irish Citizens residing in N Ireland. I would be most grateful if someone could help me on this issue.
     
  2. ben_ifa

    ben_ifa Active Member

    Регистрация:
    18 фев 2006
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    34
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    0
    Страна:
    Ирландия
    Национальность:
    Британская (GB)
    Язык:
    English
    Hi Chas.

    You are correct. Irish authorities have no jurisdiction for immigration matters in the United Kingdom.

    As a person resident in the UK who is a UK and an Irish citizen, you have two choices.

    1. Bring your wife in under UK law (costly, but citizenship after 3 years).

    2. Bring her in under EEA regulations (free, but citizenship after 5 years).

    If I were you, I'd choose the latter.

    Obtain an Irish passport. Your wife then applies for an EEA Family Permit from the British embassy in Manila, as the spouse of an Irish citizen who is a Permanent Resident in the UK.
     
  3. Chas44

    Chas44 New Member

    Регистрация:
    3 ноя 2009
    Сообщения:
    2
    Симпатии:
    0
    Адрес:
    Northern Ireland
    Страна:
    Великобритания
    Национальность:
    Британская (GB)
    Язык:
    English
    ben_ifa - Thank you very much for your reply. So my wife does not need to go to the Irish Embassy in Manila even though she will be getting married to an Irish Citizen?

    Do i need to give notice the the Irish Embassy that i intend to get married?

    My only concern is that my wife can return with me to N Ireland, is there a simplified step by step list of requirements for both myself and my wife so that if i follow them to the letter i can know in advance that my wife will be coming home with me without any bureaucratic barriers being raised at the last minute?
     
  4. ben_ifa

    ben_ifa Active Member

    Регистрация:
    18 фев 2006
    Сообщения:
    34
    Симпатии:
    0
    Страна:
    Ирландия
    Национальность:
    Британская (GB)
    Язык:
    English
    Correct. Irish authorities are not interested in who their citizens marry.


    Not at all.


    Familiarise yourself with EU Directive 2004/38/EC and with The Immigration (European Economic Area) Regulations 2006 (the UK's transposition of the former).

    For the purpose of this legislation, you are a [European] Union citizen with the right of Permanent Residence in the UK. This is because you an Irish national who has resided lawfully in the UK for more than 5 years, thus Permanent Residence has been acquired.

    As a family member of a Union citizen (as referred to in Article 2(2) of the Directive), your wife has the right to accompany or join you in the UK. She has the right of entry and the right of residence in the UK.

    As she is a Filipino national, she is required by the UK authorities to obtain a visa as a condition of entry to the UK. The type of visa she should obtain is called an "EEA Family Permit". It must be issued free of charge and on the basis of an accelerated procedure.

    In order to obtain the visa, your wife should complete the EEA Family Permit application form and submit it to VFS Global in Makati City, together with her passport, your Irish passport and your marriage certificate. No other documentation may be requested.

    Once your wife has the EEA Family Permit, she may proceed to the UK either in your company or to join you there.

    In the UK, she should apply, within three months of arrival, for a "Residence Card of a family member of a Union citizen", using form EEA2. By law, the Residence Card must be issued within six months of application. It will be valid for five years. Your wife is entitled to work, to open a business and to study. She is entitled, in accordance with Article 24 of the Directive, to be treated equally with British citizens in the UK.

    Once your wife has been resident in the UK for five years as the family member of a Union citizen, she will automatically acquire Permanent Residence. This is not applied for, it is acquired automatically. However, it is useful for Permanent Residents to hold a Permanent Residence Card. This is applied for using form EEA4.

    For info, a non-EEA national who holds a Residence Card or a Permanent Residence Card, which is issued in accordance with Directive 2004/38/EC, is exempt from the requirement to hold an entry visa for any Member State of the Union, if travelling in the company of, or to join, their EEA national family member. (Handy when going on holidays).

    Let me know if you have any further questions.
     
  5. febmary1976

    febmary1976 New Member

    Регистрация:
    14 фев 2011
    Сообщения:
    1
    Симпатии:
    0
    Пол:
    Женский
    Страна:
    Филиппины
    Национальность:
    Филиппинский (PH)
    Язык:
    English
    Hi Chas,
    Im new in the expat forum, I came across your post. Im a filipina engaged to someone in NOrthern Ireland too. My fiancee is from Belfast. We may have same situation for we are some confuse of what visa to apply in the future. The question you have post here, have the same thoughts that we would also like to ask. Hope u can share with us the latest development of the processing you are taking now. I would like to hear from you and I know you will be a great help of information if you can provide...Thanks again...

    Regards,
    Ann
     
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