Naturalization process spouse working in UK

[ladybug21]

Since I got a lot of different information, maybe someone with similar situation could give more input.

Husband, wife and 14-year-old daughter living in Ireland since 2017 and we are EU citizens and have all the documents needed to apply to get maximum points but we have a situation with my husband from this year.

He has been working for the same company since we came to Ireland, this year from June his company has required him to work in the UK 5 days a week, and over weekends he is home in Ireland.
He works on an employer visa in the UK and he will be back to his old job in 2 years once the ongoing project is finished and he is back at his workplace in Ireland.

• I assume in this case he can't apply because he is more than 70 days outside of Ireland?

• Is there a way to apply but add a letter from the company stating that this is just a project outside of Ireland but he still pays taxes and all contributions in Ireland, or this not matter at all?

• Can my and daughter happy without him if he can't?

• Does this mean if he can't apply after coming back from UK he will have to wait 1+ year to apply?

Thanks in advance if anyone has any additional info on the situation

[Vadrar]

There are a few things for your husband to consider.

1. To be resident in Ireland under EU FoM he needs to remain within Ireland for at least 6 months per year. 'Continuous residency' requires absences of less than 6 months: https://www.citizensinformation.ie/en/m ... -national/ Working full time in UK, even with weekend return is likely to compromise that. So its not clear he is actually an Irish resident once working in UK full-time, not matter what lease or utility bills he shows.
2. From previous examples, my understanding is that he is meant to be paying tax in UK and submitting tax returns showing tax paid back to the RoI. The UK is likely to take a very dim view of not paying UK tax. But obviously, check with professional sources in UK and Ireland as specifics matter here. https://www.litrg.org.uk/international/ ... %20Ireland. The EU rule about maximum 6 months out is also likely to be relevant here, as he couldn't claim EU residency as defined by EU rules. I would recommend getting advice in writing from a professional who represents you, and not your employer, on this matter.
3. You can apply as soon as you qualify.
4. If your child wasn't born in Ireland they will need one naturalised parent before they can apply.
5. Day of departure and arrival into Ireland count as present as far as Irish naturalisation is concerned. (Note that UK makes its tax calculations for residency differently: any hours spent in UK count as a days residency for tax obligations.) Your husband can gather his qualifying residency over a 9 year period, but the final year needs to be 'continuous' (that is, only 70 days out.) Some applicants have been approved with work travel taking them over the 70 days (for example, they've had 100 days of work travel), but critically: very similar applications have also been refused. I've be very, very surprised if they accepted full time work in UK as acceptable absence in the final year. The fact that it is an Irish company is irrelevant, especially as it is likely he should be paying his tax in the UK. He can always submit and see what they say - it's only the loss of 175 plus some time, as he is free to apply again once he is actually present in Ireland again.

[Vadrar]

I was trying to see if there was something in the forthcoming ETA that would simplify proving travel dates for your husband. I don't think it does, but I'll lay out the research below in case it helps future readers.

1. So your husband will have a UK work permit to allow his work in the UK.
https://www.citizensinformation.ie/en/g ... %20working.
2. This means he won't need an ETA when it is introduced by the UK, so it won't be relevant for him. (Introduced 5 March 2025 for EU citizens) (In fact, he wouldn't be able to use as ETA as he is spending more time in the UK than the ETA allows.)
https://www.gov.uk/government/news/uk-t ... ril%202025.
3. The ETA will be checked by transport providers (eg airlines) rather than dedicated immigration checks. This means that travellers won't really be able to ask for copies of the data to use as proof of travel dates, as they could if it was being recorded by immigration. This is where his UK work permit will be checked too (ie by transport provider), as just like the ETA, UK immigration won't be regularly checking it within the Common Travel Area. It is possible that his EU passport have meant these transport checks have been pretty cursory up to now, but obviously that will change with ETA now. Still doesn't give him a single data source he can use to prove dates though unfortunately.
https://www.independent.co.uk/travel/ne ... 10815.html

[Vadrar]

One final thing: when your husband applies, if he is still doing some work in the UK, he may want to consider including proof of why you aren't planning on moving to the UK.

The application asks whether the applicant intends to remain living in Ireland. I've seen some similar applications to your husband (ie working in UK, has a UK work permit, likely paying taxes in UK, has established somewhere to live during the week) that have triggered follow up questions on intentions.

If he can show, eg, that the work is project-based; has a clear end point; there will be no further UK work so he must return to Ireland that would be helpful in heading that question off. Having surrendered his UK work permit and convinced the UK Inland Revenue he is no longer under their jurisdiction would be even more convincing.

[ladybug21]

I see thank you for the detailed answer it makes more sense now.

So basically I would need to apply first and my daughter can apply with my husband then when he will be back working in Ireland, since as mentioned minor can apply only once one parent is finished with process, and since it will take some time it will be good for me to apply now, if possible I have all documents and proofs ready.



Regarding this

One final thing: when your husband applies, if he is still doing some work in the UK, he may want to consider including proof of why you aren't planning on moving to the UK.

I assume since we bought a house here and I own a company ltd that is registered here and all my work is based in Ireland we won't be moving to UK for sure since I see this as our forever home.

If he can show, eg, that the work is project-based; has a clear endpoint; there will be no further UK work so he must return to Ireland that would be helpful in heading that question off. Having surrendered his UK work permit and convinced the UK Inland Revenue he is no longer under their jurisdiction would be even more convincing.

His contract is for 2 years since he is working on a Project that is currently ongoing in UK and after the project is finished he is coming back since the Project is then moving to Ireland, his working visa in UK is for 2 years.