Monifé wrote:ImmigrationLawyer wrote:In my experience applications for residency based on marriage to an Irish national are currently taking 4- 6 months. Imho I think a "mega" applicaiton will just draw unnecesary (negative) attention to your case. I would lay low until the marriage and then apply in the normal way to INIS (Mariage to an Irish Nat Section). I don't want to criticise your lawyers but it might have been a better idea to apply as an Irish (not UK) citizen from the start.
Thanks for the advice. Spouse of Irish national application was not an option to us last year as we weren't ready for marriage, hence why we thought we could use the EU treaty rights defacto application, as the Irish defacto is subject to the immigration status/history of the applicant, which in my partners case is not good.
Why our solicitor suggested an application using a few different arguments, is that my partner had received a section 3 notification, which was put on hold pending our case. This is most definitely going to be reactivated, hence why our solicitor said we should make an application including the humanitarian leave to remain aspects and also on the basis of our partnership and soon to be marriage.
What better good are the two passports you hold, one is not better than the other, and a British or Irish passport is value as the same in the United Kingdom and Ireland. Surrender the Irish passport and remain a citizen of one eu country, after all other eu citizen benefit more than the local. Surrendering a passport will not cost more than £120 and rely on your new or old acquire citizenship and your partner can stay.
All eu passports have the same right in all eu states, an Irish and British passport have the same value in both island of Irish and British so what is the need for a dual citizenship as it cannot help.
I hold a French and British passport, I am waiting for their decision and if it goes against me I am ready to surrender their British passport to let my partner stay, to me it is of no good when I cant use eu law if I hold a British passport, I rather stay on my French and use the law after all I will still be considered as a permanent residence for my long stay equal as holding a British passport.
Under habitual residence test, a permanent residence and a holder of the country passport are considered the same, as if a British citizen leave the country for more than 2yrs he/she also lost the habitual residence so it make no difference, the other eu enjoy more than the local in terms of benefit from the government as they can always use eu law against the local state. The difference is that the local cannot be deported and even if you gain national they can take it off you and deport you, that is for people committing crime. As I can see you are not and I am not, moreover criminals are still allowed to stay under the Eu Human right Law.