Aussie in UK married to Irish citizen

[shasri]

hi there
I know there have been a few posts on the question of spouses of Irish citizens in the UK, but having reviewed them would still like to get the latest advice (given rules have been changing). So here's my situation:

I'm an australian citizen in the UK for the past five years as a student. My student visa expires in jan 2010 and I will finish my studies before then. In sep 2009 I am due to start a new job in the UK, and need to have my visa situation sorted out by then.

I am married to an Irish citizen since October 2007. we have been together for 6.5 years. she works in the UK.

I had thought to go down the EEA2 route until research on this site and another suggested the FLR(M) or SET(M) route might make better sense.

I notice on the guidance for FLR(M) I must be the spouse of a permanent resident - does this apply to Irish as did "present and settled"? Would my wife need to do anything before I can apply via FLR(M)? She has neither an EEA1 certificate or anything formally in her hand under UK law.

I would be interested in getting ILR or permanent residency, so the FLR(m) option is quite attractive to me. I know it costs a bit of money, but would be well worth it. I hope the Irish trick is still available to me!

all advice appreciated! thanks very much,

[Eric-Poole]

Please check this link:
http://www.ukba.homeoffice.gov.uk/sitec ... flrm042009

The guide states:
"If you are a national of a country from outside the European
Economic Area (EEA) and your partner is an EEA national
exercising Treaty Rights in the UK, you should not be applying
on form FLR(M). As a family member of an EEA national,
you should apply for a residence card or permanent residence
under EEA Regulations on form EEA2 or EEA4
depending on your circumstances - see our website."

I hope this helps. Cheers. Eric

______________________
Act on EEA residency application delays by signing the petition:
http://petitions.number10.gov.uk/EEA4-Residency/

[shasri]

thanks Eric,

I realise that's the standard FLR guide but there is lots of discussion on this and other sites on the particular case of Irish citizens. do you know anything about the present rules regarding Irish being automatically treated as "present and settled" in the UK?

Grateful if anyone else has a latest view on this?

thanks very much,
sharath

[Directive/2004/38/EC]

Irish trick may be available to you and may still be attractive.

But remember that you have been a family member of an EU citizen resident in the Uk since October 2007. So in October 2012 you can apply for a Permanent Resident Card (if you want - you will likely have the status even if you do not apply), if you go down the European route.

[shasri]

thanks for the tip on the calculations: so the PR card in 2012 under EU rules versus ILR in 2011 under UK law - not much difference. what worried me about the EEA2 route is that i can only apply by post and it could take over 6 months.

i have a job offer starting in september and so thought the in-person FLR route would be wise. costs a lot of money though...

I'd be grateful if anyone have tips about FLR(M) in person applications?

[shasri]

thanks for the tip on the calculations: so the PR card in 2012 under EU rules versus ILR in 2011 under UK law - not much difference. what worried me about the EEA2 route is that i can only apply by post and it could take over 6 months.

i have a job offer starting in september and so thought the in-person FLR route would be wise. costs a lot of money though...

I'd be grateful if anyone have tips about FLR(M) in person applications?

[Directive/2004/38/EC]

i have a job offer starting in september and so thought the in-person FLR route would be wise. costs a lot of money though...

You can work starting as soon as you stop reading this, if you are married to a non-UK Eu citizen. The Residence Card is not required - it is optional.

Check with the home office web sites, but I believe the letter of acknowledgement for your application for the EU Residence Card should suffice for an employer to allow you to start to work.

This is not the home office, but this link is an example:
http://www.employability.uea.ac.uk/stud ... uments.pdf

A certificate of application issued by the Home Office or the Border and
Immigration Agency to or for a family member of a national of a European
Economic Area country or Switzerland stating that the holder is permitted
to take employment which is less than 6 months old when produced in
combination with evidence of verification by the Border and Immigration
Agency Employer Checking Service.

[shasri]

But remember that you have been a family member of an EU citizen resident in the Uk since October 2007. So in October 2012 you can apply for a Permanent Resident Card (if you want - you will likely have the status even if you do not apply), if you go down the European route.

can i ask where i would find the rules on when the clock starts on permanent residency under EU rules? we have been together since 2003, together in the UK since Feb 2006, married and together in the UK since Oct 2007. And from October 2004 until now, I have been here on a student visa.

also, if, say, i wanted to naturalise as a British citizen (and keep my Australian citizenship), could i do this one year after October 2012 (or the relevant five year date)?

thanks, finally, for clarifying the eligibility to work - i'll discuss this with my prospective employer (which is also a university, like UEA). my concern is that there is nothing in my passport evidencing my right to live and work in the UK, so the Residence Certificate will be essential.

this has been really really helpful, thank you.