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Buachaill, Barrister
Category: Law
Satisfied Customers: 10537
Experience:  Barrister 17 years experience
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I'm an Australian citizen spouse of Irish national (married

Resolved Question:

I'm an Australian citizen spouse of Irish national (married since 2008). In 2009 I applied and was granted an EEA family permit because we were thinking of settling in the UK. We ended up living in the UK (Northern Ireland) until June 2010. We have lived outside the UK since then (in Ireland and US). My question is do I need to reapply for a family permit again if we want to move back to the UK? Or will the fact that I have had it in the past be sufficient, and I can apply for a residence card when we arrive. Would the fact that he is an Irish national and automatically considered settled in the UK (without having to prove other things as other EU nationals have to do) make any difference? Thanks!
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1.. I regret to say that you will have to apply for a spousal visa again should you wish to live and work in the UK. This is the situation even though you are married to an Irish national. It is because you are a non-EEA national. Having had one in the past is not sufficient unless you had applied for u. This would occur after five years continuous residence in the UK. A year after settlement, you can apply for citizenship of the UK. Be aware that the fact your husband is an Irish national does not mean you would be considered settled in the UK. You would have to have Irish citizenship for this to be the case. Ireland & the UK have a free travel area and a common area for immigration matters. However, non-EEA NATIONAL still have to apply for a visa.
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Expert:  Buachaill replied 1 year ago.
2. The more clever approach to your situation would have been to apply for Irish citizenship during the period you were married and resident in Northern Ireland or Ireland. Residence in Northern Ireland counts towards the two years necessary for you to acquire Irish citizenship. You might still be eligible. This would solve all UK visa issues. The requirements for you if you are the spouse or civil partner of an Irish citizen and who is applying for Irish citizenship, are:You must be married to or in a recognised civil partnership* with the Irish citizen for at least 3 yearsYou must have had a period of 1 year's continuous reckonable residence in the island of Ireland immediately before the date of your applicationYou must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residenceYour marriage or civil partnership must be recognised as valid under Irish lawYou and your spouse or civil partner must be living together as husband and wife or civil partnersYou must be of full age, good character and intend to continue to live on the island of IrelandYou must have made a declaration of fidelity to the nation and loyalty to the State.