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Senior Partner
Senior Partner, Solicitor
Category: Law
Satisfied Customers: 13326
Experience:  Solicitor with more than 30 years experience
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Are Irish Citizens residing in the UK deemed to have automatic

Resolved Question:

Are Irish Citizens residing in the UK deemed to have automatic settled status?Is this based on the common travel area? and is this status different and more favorable to that of other EEA citizens who have to be resident for 5 years in the UK to achieve same status?

Have I satisfied residency requirements for british naturalization after 5 years as an Irish national

Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
HI the common travel area is simply a relaxation of the border controls it does not change immigration status or EU rights. An Irish citizen residing in the UK and exercising EU rights - i.e. working here or studying here etc acquires the right of permanent residence after 5 years. You can apply for British Citizenship after you have been resident for 12 months after you became entitled to permanent residence i.e. 6 years in total. You should apply for a permanent residence certificate because whilst it is not legally necessary it will make it easier then to apply for naturalisation .

Customer: replied 3 years ago.

Hi,


 


My understanding is that Irish citizens are regarded as 'settled' by the British government and do not have to satisfy a 5 year residency period before achieving 'settled' status. For example children born to Irish parents in the UK have an automatic right to British Citizenship. My understanding is that this is a special arrangement between the Irish State and the UK and completely different from that of other EEA citizens exercising EU rights.


 


Am I wrong in the above assumptions?

Customer: replied 3 years ago.
I have information that ' a person who has indefinete leave to remain, the right of abode or Irish Citizenship has settled status if resident in the Uk( all full British Citizens have the right of abode)

From your advise, wont it amount to repititionn for an Irish Citizen to apply for permanent residence when he/ she already has settled status?

Please clarify.

Kind regards.
Expert:  Senior Partner replied 3 years ago.
I am not sure where you got that quote from but is is correct that Irish citizens are regarded as settled for the purpose of their children who are born here being entitled to citizenship.

Irish citizens who are not born here still have to apply for naturalisation and so far as I am aware still have to have 5 years for those purposes.

You do not have to apply o permanent residence - you are entitled to it is a matter of law. The certificate is simply administrative evidence and makes it easier to show that you are entitled to it.
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