Naturalisation by Marriage applied for, EEA2 permit expired

[Stanic]

My wife applied for Irish citizenship in September, and had a Residence Permit from the UK Home Office. We originally exercised Treaty Rights and got her permit via the EEA2 form.

The expiry date on her permit expired after we applied for citizenship and now we have been asked to provide a copy of her valid permit.

With Treaty Rights there is no expiration while we live in N. Ireland, but they add a date to the permit in the passport, not sure if I can just explain this to those processing the application?

We were due to fly into Dublin recently from a trip and got diverted to England. The immigration officer understood our rights no problem even with the permit expired, and gave her a stamp with Leave to Remain for six months. Not sure if this is sufficient as a residency permit though...

This might be too specific for anyone to have had experience with, but appreciate it if anyone has advice!

Thanks

[noajthan]

My wife applied for Irish citizenship in September, and had a Residence Permit from the UK Home Office. We originally exercised Treaty Rights and got her permit via the EEA2 form.

The expiry date on her permit expired after we applied for citizenship and now we have been asked to provide a copy of her valid permit.

With Treaty Rights there is no expiration while we live in N. Ireland, but they add a date to the permit in the passport, not sure if I can just explain this to those processing the application?

We were due to fly into Dublin recently from a trip and got diverted to England. The immigration officer understood our rights no problem even with the permit expired, and gave her a stamp with Leave to Remain for six months. Not sure if this is sufficient as a residency permit though...

This might be too specific for anyone to have had experience with, but appreciate it if anyone has advice!

Thanks

Where do you reside (now)?
Is wife a non-EEA national?
If by 'Residence Permit' you mean a UK-issued Residence Certificate (& you live in UK) & that is what the authorities wish to see then why not apply for another?

[kristine015]

Any follow up on this? My friend is in similar situation. She currently resides in Northen Ireland. Applied for her Irish naturalisation through marriage 3 days before her EEA2 expired. Now Capit had contacted her telling her that she has no more rights to remain in the uk and asking her to leave the country.
She has been living in nrthern ireland for 10 years. 7 years married and has daughters who are 7 years of age in full time education and are UK national.
The IniS had also contacted her asking for her to produce her current in date residence card. As mentioned earlier this had expired.
Is there any advice anyone can give or has had on similar situation? As much as possible we are trying to not get her to reapply for UK visa and go straight to getting Irish citizenship. Any help would be much appreciated. Thanks in advance,

[Stanic]

Where do you reside (now)?
Is wife a non-EEA national?
If by 'Residence Permit' you mean a UK-issued Residence Certificate (& you live in UK) & that is what the authorities wish to see then why not apply for another?

We reside in Northern Ireland and she is a non-EEA. Her residence documentation was issued by the Home Office and says "Type of Documentation: Residence card of a Family Member of an EEA National"

We didn't apply for a renewal as it is quite a lot of hassel and isn't required for her to live here. She's entitled to exercise treaty rights with or without the documentation, it just makes things easier for travelling/employment. Plus we expected to get the Irish citizenship done as well.

[Stanic]

Any follow up on this? My friend is in similar situation. She currently resides in Northen Ireland. Applied for her Irish naturalisation through marriage 3 days before her EEA2 expired. Now Capit had contacted her telling her that she has no more rights to remain in the uk and asking her to leave the country.
She has been living in nrthern ireland for 10 years. 7 years married and has daughters who are 7 years of age in full time education and are UK national.
The IniS had also contacted her asking for her to produce her current in date residence card. As mentioned earlier this had expired.
Is there any advice anyone can give or has had on similar situation? As much as possible we are trying to not get her to reapply for UK visa and go straight to getting Irish citizenship. Any help would be much appreciated. Thanks in advance,

Nothing yet, I will try to phone tomorrow when their helpline is open.

Not too sure who capit is? But if you exercised treaty rights then the EEA2 has no real expiry (this is what I have read here, and also was told this by the Home Office when I called a while back, it is more a proof of the rights).

[kristine015]

Thanks for the quick reply. She had a family member of an EEA as visa with 5 years stamped on it.
Capita works on behalf of UK border agency to remive any persons who has no more rights to remain and anyone with expired visas.

[Stanic]

Thanks for the quick reply. She had a family member of an EEA as visa with 5 years stamped on it.
Capita works on behalf of UK border agency to remive any persons who has no more rights to remain and anyone with expired visas.

There is no requirement to apply for documents under EEA regulations, and that was what I was told by the Home Office, this VISA should only confirm your rights as I think it is the same as what my wife has, and these rights don't expire.

If it is the same as my wife's there is no mention of the word "visa" on it, so unless there is a difference then I'd be pretty angry at Capita and it seems a bit dodgy