Spouse of EU becomes spouse of Irish

[maxymo]

Hi,

I have the following situation, a Non-EU person get married to an EU citizen where both are resident in Ireland. The non-EU is granted stamp 4EUFam. One year after marriage the EU person becomes Irish citizen through naturalization.

Two questions arises:

1. The non-EU persons need to apply for different permission since now is married to an Irish although it is the same person?

2. How long need to wait the non-EU peraon to apply for citizenship in this case? 2 years more to complete the 3 years for spouse of Irish or 4 years more to complete 5 years residency since at the time of marriage the spouse was EU and not Irish?

I know is a bit strange case but it is in what we end up.

Thank you

[max307]

Hi,

I have the following situation, a Non-EU person get married to an EU citizen where both are resident in Ireland. The non-EU is granted stamp 4EUFam. One year after marriage the EU person becomes Irish citizen through naturalization.

Two questions arises:

1. The non-EU persons need to apply for different permission since now is married to an Irish although it is the same person?

2. How long need to wait the non-EU peraon to apply for citizenship in this case? 2 years more to complete the 3 years for spouse of Irish or 4 years more to complete 5 years residency since at the time of marriage the spouse was EU and not Irish?

I know is a bit strange case but it is in what we end up.

Thank you

1. The non-EU persons need to apply for different permission since now is married to an Irish although it is the same person?

No necessarily, if the non-EU national wishes to stay with the Stamp 4 EUFAM or apply for a Stamp 4 based on the marriage to an Irish citizen there is no difference to INIS or naturalisation down the road.

2. How long need to wait the non-EU person to apply for citizenship in this case? 2 years more to complete the 3 years for spouse of Irish or 4 years more to complete 5 years residency since at the time of marriage the spouse was EU and not Irish?

It depends on the category the non-EU national wants to apply under:

- If the non-EU national is applying as the spouse of an Irish citizen then the non-EU national needs to complete 3 years of residence in the island of Ireland and 3 years of marriage to the Irish citizen.

- If the non-EU want to apply as the spouse of an EU citizen or on his/her own merit then the non-EU national needs to complete 5 years of residence in the island of Ireland.

[maxymo]

Thank you very much.

I understand then that if the non EU wants to apply as the spouse of Irish national will need to wait 3 years counting from the day the EU spouse become Irish and not since they get married.

[max307]

Thank you very much.

I understand then that if the non EU wants to apply as the spouse of Irish national will need to wait 3 years counting from the day the EU spouse become Irish and not since they get married.

Not relevant the date when the spouse became Irish citizen, the requirements around naturalisation do not mention that at all. Double check with INIS but I'm pretty that's the case.

[maxymo]

Thanks, I will double check with them

[asg0]

Hey there,
Any updates with your application???
I am in the same situation my wife is Irish by birth but she was born in another EU country!to an Irish mother.
She applied for the Irish passport and received it,
however I applied on may 2018, as married to an Irish citizen.
Received my passport and the receipt on July 2018 nothing since,
I submitted everything they could possibly ask for.
please keep me updated.
thanks

[maxymo]

Hey there,
Any updates with your application???
I am in the same situation my wife is Irish by birth but she was born in another EU country!to an Irish mother.
She applied for the Irish passport and received it,
however I applied on may 2018, as married to an Irish citizen.
Received my passport and the receipt on July 2018 nothing since,
I submitted everything they could possibly ask for.
please keep me updated.
thanks

No application in our side yet as we need to wait more time, if you applied on May hopefully you should hear something from them soon, any answer from INIS I will let you know. How many years of residence did you have at time of application?

[maxymo]

INIS replied my email saying that doesn't matter when the spouse becomes Irish as long as at the time of application the spouse is Irish citizen and of course the other conditions are met e.g. three years being married/partner living together, at least 3 years being resident in Ireland, etc.

[max307]

INIS replied my email saying that doesn't matter when the spouse becomes Irish as long as at the time of application the spouse is Irish citizen and of course the other conditions are met e.g. three years being married/partner living together, at least 3 years being resident in Ireland, etc.

That's what I thought, as soon as you have 3 years of residence in Ireland you will be eligible to apply then!