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UK Spouse Visa application for US citizen legally resident in Ireland

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dane22
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Ireland

UK Spouse Visa application for US citizen legally resident in Ireland

Post by dane22 » Wed Feb 09, 2022 3:48 pm

Hello,

My wife is a US citizen legally resident in Ireland on a Stamp 4 Visa, I am a UK citizen from Northern Ireland. We currently reside in the Republic of Ireland.

Is it possible for my wife to apply for a UK Spouse Visa in Dublin? We would both like to live in Northern Ireland. I've contacted UKVI and the British Embassy directly but they keep running me in circles, and there are no contact details for the TLScontact centre in Dublin that handles applications.

Any advice would be appreciated.

manci
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Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by manci » Wed Feb 09, 2022 7:24 pm

dane22 wrote:
Wed Feb 09, 2022 3:48 pm
Is it possible for my wife to apply for a UK Spouse Visa in Dublin?
1,
She can apply either from her country of residence (Ireland) or from her home country (USA).
2
Check whether under relatively new rules concerning persons of Northern Ireland she might be able to apply under the EUSS? This is a complicated subject, start by reading this:
https://www.gov.uk/settled-status-eu-ci ... rn-ireland

Wait for others to contribute.
Personal opinion, not professional or legal advice

dane22
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Ireland

Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by dane22 » Tue Feb 22, 2022 9:54 am

Thanks for your input. She has applied for the EUSS based on my status as a 'person of Northern Ireland. Even if it's rejected at least we know TLScontact will be able to help with other visa applications.

Br28016-1
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United Kingdom

Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by Br28016-1 » Tue Feb 22, 2022 7:11 pm

Key issues are

1. When did you get married ?
2. How long have YOU lived in UK (including N Ireland)
3. How long has she been living in Ireland.

Probably worth adding these details and posting in the EU settlement section.

dane22
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Ireland

Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by dane22 » Sat Mar 12, 2022 1:55 pm

My wife attended the appointment and was told it'll be 6-9 months before she hears back. On top of that it cost €90 to keep her passport, otherwise they'd hold it for that entire time. Ridiculous, at that point we'll be getting ready for her third IRP renewal.

GabbyHM
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Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by GabbyHM » Tue Jun 14, 2022 2:06 pm

Hello!

I am myself in a similar position and still looking for some answers/advice.

I am Mexican, have been living in Ireland for 4 years and have stamp 4 there, my husband is from NI and and holds both British and Irish citizenships

I applied for the EUSS through a relevant person from NI in January, in April my application was rejected!

The rejection letter said we had to prove we were together before getting married (because we got married in March 2021). which is not a problem but did not submit that cause I didn't think it was necessary.

The other reason for rejection was that we had to give a strong reason of why my husband did not come back to the UK before the deadline (31 Dec 2020), I had said that we had other commitments like work outside the UK and it was until now that the possibility of relocation have raised. They said that is not a strong reason.

So the main reason why I have not re-submitted my application is because I couldn't find a relevant reason (that suits them) of why we did not come back to the UK before the deadline . In this case it might be a bit similar than your current situation since you live in Ireland.

Now, being in Northern Ireland before the deadline is a bit vague and I haven't been able to find clear guidance as if they mean residing in Northern Ireland and paying tax there? having an address in NI? having a property there?.
My husband was in Northern Ireland before the deadline, he spent the whole lockdown there (March-July 2020). But then he left right after.

I wonder if anyone has any advice of what sort of evidence are they looking for and what can be interpreted as being back in the UK before the deadline.

I just don't want to re-submit my application to get another rejection, btw I also had to pay the 90EUR to get my passport back... such a pain cause they ended up rejecting my application anyway.

The only other alternative left for us is to apply for the family permit as a British spouse, which is lengthy, complicated and expensive.

Hoping someone can give us some advice!

Best wishes!!

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Ticktack
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Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by Ticktack » Tue Jun 14, 2022 9:35 pm

GabbyHM wrote:
Tue Jun 14, 2022 2:06 pm
Hello!

I am myself in a similar position and still looking for some answers/advice.

I am Mexican, have been living in Ireland for 4 years and have stamp 4 there, my husband is from NI and and holds both British and Irish citizenships

I applied for the EUSS through a relevant person from NI in January, in April my application was rejected!

The rejection letter said we had to prove we were together before getting married (because we got married in March 2021). which is not a problem but did not submit that cause I didn't think it was necessary.

The other reason for rejection was that we had to give a strong reason of why my husband did not come back to the UK before the deadline (31 Dec 2020), I had said that we had other commitments like work outside the UK and it was until now that the possibility of relocation have raised. They said that is not a strong reason.

So the main reason why I have not re-submitted my application is because I couldn't find a relevant reason (that suits them) of why we did not come back to the UK before the deadline . In this case it might be a bit similar than your current situation since you live in Ireland.

Now, being in Northern Ireland before the deadline is a bit vague and I haven't been able to find clear guidance as if they mean residing in Northern Ireland and paying tax there? having an address in NI? having a property there?.
My husband was in Northern Ireland before the deadline, he spent the whole lockdown there (March-July 2020). But then he left right after.

I wonder if anyone has any advice of what sort of evidence are they looking for and what can be interpreted as being back in the UK before the deadline.

I just don't want to re-submit my application to get another rejection, btw I also had to pay the 90EUR to get my passport back... such a pain cause they ended up rejecting my application anyway.

The only other alternative left for us is to apply for the family permit as a British spouse, which is lengthy, complicated and expensive.

Hoping someone can give us some advice!

Best wishes!!
Not fair on the OP for you to cling on their existing thread. Forum rules says you need to open your own fresh thread and ask all questions you need on it.

The fact that your husband lived in NI for 6 months doesn't mean anything. Did you leave there with him? Is there any official document from the UK govt. saying you where also here?
If the official application wasn't made before the close of play in 2020, then that boat has sailed.

I believe the caseworker was right.

Options: You can either wait till you get Irish citizenship then move here, which seems closer after 4 years in Ireland or you start your immigration journey fresh here in the UK and pay the high fees.
No sin in failing, you just have to try and try again!

GabbyHM
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Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by GabbyHM » Wed Jun 15, 2022 7:32 am

Thanks for the advice!

Sorry, didn't mean to cling on anyone's post.
Our situations are very similar, his wife have just applied to the same permit than me under the same circumstances, and my permit was denied.
I thought we both could benefit from any information.
If that is not the case, I don't mind deleting my post or I suppose the admin will do.

Thanks!

rabwee
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Ireland

Re: UK Spouse Visa application for US citizen legally resident in Ireland

Post by rabwee » Mon Jun 20, 2022 5:32 pm

You do not need to apply for a UK spouse Visa. You apply for a Uk family permit because you are from Northern Ireland. Here is the link. https://www.gov.uk/family-permit/apply- ... rn-ireland

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