How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Buachaill Your Own Question

Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

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.
Buachaill, Barrister
Category: Law
Satisfied Customers: 10411
Experience: Barrister 17 years experience
Buachaill and 2 other Law Specialists are ready to help you
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.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice