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UKSolicitorJA, Solicitor
Category: Immigration Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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hi my husband is an overstayer and I was born in England but

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hi my husband is an overstayer and I was born in England but I currently hold an Irish passport but I have never lived in Ireland (my mum was born in Ireland and my dad was born in London but also has an Irish passport as his parents were both Irish).

I am currently 39 weeks pregnant with our first child.

His solicitor made an EEA2 application which was refused based on the fact that I have never actually lived in Ireland which I did actually tell the solicitor before. Anyway, she has informed us that once our baby is born we can make an application and it will be successful. She has also told me that it would be helpful to get a British passport as it will help the application but if not then we can use my birth certificate and irish passport.

Can you please advise if the above is correct?

also before the application was refused my husband received certificate of application with right to work for 6 months. He went to the job centre to order an insurance number but will this now be refused as well since the application has been refused or is there a chance he can get it still?

How long has your husband been in the UK?
Customer: replied 3 years ago.
He has been here for 3 years but has overstayed since December 2013

Since your husband is an overstayer, there is no 100% guarantee that he will be issued with leave to remain once the child is born, but it will make his application stronger as he will have good human rights grounds to have discretion exercised in his favour.

The baby will be British at birth and entitled to a Briitsh passport.

So, yes, you have been advised correctly more or less.

He may or may not get the NI Number, it depends. Once he has his status regularised, he should be able to get the NI Number even if it is refused now.

May I help further?
Customer: replied 3 years ago.

Am I entitled to a British passport too? I actually want to keep my Irish passport as I am having difficulty trying to find someone to sign a new one for me! Will it make any difference changing the passport over? I want to do everything I can to stay as a family in Britain and get him entitled to work so he can provide for us as well.

Yes, you are entitled to a British Passport and you may apply for one straight away.

You can keep both your Irish and British passports at the same time. It will not make much difference to hold a British passport in your case as Irish citizens are considered to be settled in the UK immediately they enter the UK.

Hope this helps
Customer: replied 3 years ago.

Do you know whether I would have to get someone like a doctor or accountant to sign the british passport as I already hold an Irish one?

Yes, you will need a counter signatory, check the passport application form.

All the best, ***** ***** feedback as your queries have been answered.
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