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SECTION 3: RE-MARRIAGE OF PREVIOUSLY MARRIED PERSONS AND MARRIAGE OUTSIDE IRELAND:
3.1 - Re-marriage of persons who have been previously married:
If either party has been married previously, it is necessary for that party to produce either a Divorce Decree (Absolute) or a Death Certificate, as appropriate.
If either of the parties to a proposed marriage were previously married this fact should be brought to the attention of the Registrar of Marriages at the time that the written notification to marry is being given by the parties to the proposed marriage.
In the case of a divorce granted by a Court of another State the following procedure applies. If the Divorce Decree is in a foreign language, an English translation of the Divorce should be provided, duly certified by a relevant official body or recognised translation agency. In the case of a foreign divorce, consideration is given to the question of whether the divorce is recognisable under Irish law. In this regard certain information as to place of birth, countries of residence and other relevant facts must be supplied on a questionnaire provided by the Registrar. The information is then forwarded to the General Register Office, whose consent must be obtained before the ceremony can take place.
In the case of a divorce granted by the Irish Court the Court decree in relation to the divorce should be presented to the appropriate Registrar of marriages at the point in time when the written notification of intention to marry is being given by both parties.
It should be noted that a distinction exists between nullity, separation and divorce and the broad distinctions are outlined below:
* if no valid marriage existed in the first instance a decree of nullity may be sought from the Irish Courts - a civil decree of nullity means that the first marriage had no legal effect and the parties concerned are free, in civil law, to marry.
* If a valid marriage is in place and a couple separate (by judicial means or by agreement) re-marriage of the parties concerned is not permitted;
* If the parties to a valid marriage subsequently divorce (and this divorce is recognised by this State) the parties concerned may re-marry in civil law.
The procedures involved in seeking decrees of nullity, separations or divorces are a matter for the appropriate Courts and Registrars of Marriage do not have any function in regard to those procedures. Contact should be made directly with the appropriate Courts Offices.
It should be noted that an annulment granted by the authorities of the Roman Catholic Church does not have any effect in civil law and persons who have obtained a church annulment only are not free to remarry in civil law.
Do you realise that if you get an EEA permit, it will take you five years to get UK permanent resident status (necessary for obtaining British citizenship).yankeegirl wrote: I came across this in the link you gave me. Maybe I'm reading it wrong. From what I was told at the Law Centre, if I was already married and present in the UK (ie.coming back over the border) I could apply for EEA residence perment from within the UK. Was this incorrect? I recognize that I'm in a bit of a pickle, and don't want to compund it by doing anything else wrong. Yes, it is out intention to get married and then reside in NI.
If you read many posts on the UK forum, you'll see that many people found it a simple enough (once they had craploads of documentation) process to get their spouse visa application accepted for the UK (despite overstaying and working illegally), once they returned home and applied to return to the UK. Doing this would give you the option of applying for ILR in the UK after 2 years. This would give you another option of a long-term visa/citizenship route to take. But if you know for sure that you want to remain living in Ireland for the next 3 years, and would prefer to naturalise as an Irish rather than a British citizen, then why not go that route!To claim citizenship by marriage, you must meet the following conditions:
* You must be married to the Irish citizen for at least 3 years
* You must have had a period of one year's continuous "reckonable residence" in the island of Ireland immediately before the date of your application
* You must have been living on the island of Ireland for at least 2 of the 4 years before that year of continuous residence
* Your marriage must be recognised as valid under Irish law
* You and your spouse must be living together as husband and wife
* You must be of good character and intend to continue to live on the island of Ireland
* You must have made a declaration of fidelity to the nation and loyalty to the State.
Certain periods of residence do not count for the purpose of reckonable residence, for example, periods when you did not have permission to remain in Ireland, or you were here on a student visa, or you were seeking asylum.
As scrudu said, you can apply after 3 years (although clock only starts ticking when you get married and they won't count unlawful residence in NI). However bear in mind that processing times are long. 2-3 years to process a naturalisation application and with the huge increase in the pool of eligible persons in the Republic of Ireland, that's not likely to improve anytime soon.yankeegirl wrote: Second, residing in Ireland (north or south) with Irish spouse will make me eligible for Irish citizenship after I think 5 years
Also bear in mind that if you choose to live in the United Kingdom as an Irish citizen but not a British citizen, you're a very welcome guest - but that's about it. It's not your country, basically.and would be easier if I just obtained Irish citizenship as both partner and daughter are Irish citizens.
You need to know that children born in the United Kingdom to resident Irish citizens are normally automatic British citizens (at birth). However, as she was born before 1 July 2006 and you are not legally married, she probably did not acquire British citizenship at birth based on her father's status.My daughter was born April 2005 in Northern Ireland.
You were "told" wrong and your understanding is correct.yankeegirl wrote:With regards to British/Irish citizenship, we had decided just to have her be a Irish/American dual citizen as we were told when we went to register her birth here in NI that she wouldn't be British because neiter of us had permanent residency. (Apparently though as I understand it, Irish citizens are considered "settled" pretty much as soon as they move to the UK)
EU member states are still different countries and it is not unknown for an EU member state citizen living in another country to find their rights restricted in some way unless they take out local citizenship.To be honest, I guess I just didn't see the point in her having two EU passports. It's really important to me for her to be an American citizen and I have never heard of someone being eligible for 3.
This Home Office document may help. Start at section 8.yankeegirl wrote: as we were told when we went to register her birth here in NI that she wouldn't be British because neiter of us had permanent residency. (Apparently though as I understand it, Irish citizens are considered "settled" pretty much as soon as they move to the UK)