ILR for Irish citizen

[Marco 72]

I know someone who is in the following position: Irish citizen, lived in the UK from age 3 until age 16, spent several years abroad, moved back two years ago. Married to a non-EU citizen. Does she have to wait 3 more years to qualify for ILR, or is there some kind of "shortcut" for Irish citizens? I strongly doubt there is, but I thought I'd ask just in case.

[John]

Who is "she"? The Irish Citizen? Or the non-EU spouse?

If the answer to that is "she" is the Irish Citizen, then because of special arrangements between the UK and the Irish Republic, Irish Citizens are deemed to have Permanent Residence status as soon as they start living in the UK. This special arrangement is much better than the rights giving under EU legislation.

If "she" is the non-EU spouse, what exactly is her UK immigration status at the present time?

[Marco 72]

Hi John, sorry - "she" is the Irish citizen. Do you know where I could find any sources on this arrangement regarding ILR for Irish citizens? I had read on an article in Wikipedia that Irish citizens are considered "settled" as soon as they start living in the UK. However, I couldn't find any reference to this anywhere on the Home Office website, and the Wikipedia article doesn't provide any sources. In fact, form EEA3 also applies to Irish citizens, as you can see on page 3. From this it would seem that they are treated the same as all other EEA citizens for ILR purposes.

The non-EEA spouse has an EEA "family permit" but has yet to make an application for a residence permit.

[JAJ]

Hi John, sorry - "she" is the Irish citizen. Do you know where I could find any sources on this arrangement regarding ILR for Irish citizens? I had read on an article in Wikipedia that Irish citizens are considered "settled" as soon as they start living in the UK. However, I couldn't find any reference to this anywhere on the Home Office website, and the Wikipedia article doesn't provide any sources.

It's one of the "semi-secret" Home Office policies that while not classified in any way, are not exactly public knowledge either.

The special status of Irish citizens in the UK comes from section 1(3) of the Immigration Act 1971, the legislative basis for the Common Travel Area.

The IND policy document on EEA citizens makes reference to this:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

"5.3 ... Citizens of the Irish Republic, whether exercising EEA free movement rights or not, are not normally subject to any form of immigration control on arrival in the UK because of the Republic’s inclusion in the Common Travel Area (s.1(3), Immigration Act 1971)"

and further on:

"8.3 The 2000 Regulations did not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they had been granted indefinite leave to remain under some other provision of the Immigration Rules, were entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in these categories should be regarded as having been free from any restriction under the immigration laws on the period for which they may remain."

In fact, form EEA3 also applies to Irish citizens, as you can see on page 3. From this it would seem that they are treated the same as all other EEA citizens for ILR purposes.

Well clearly the EEA provisions do apply to Irish citizens. However this does not alter the fact that Irish citizens can claim (in most circumstances) more favourable treatment under UK domestic laws.

This kind of arrangement is not unique in the EEA. The special status of Nordic Council member state citizens in each country (Norway/Sweden/Finland/Denmark/Iceland) is another case of EEA rights and more favourable domestic law rights co-existing.

The non-EEA spouse has an EEA "family permit" but has yet to make an application for a residence permit.

An EEA "family permit" does allow residence in the UK, but it takes 5 years to qualify for Permanent Residence.

What exactly do you mean by a "residence permit" in this context? Are you asking about a UK-law spouse visa?

And does the Irish partner intend to apply for naturalisation as a British citizen once she is eligible (in another two years or so)?

[JAJ]

A further indication of the special status of Irish citizens in the United Kingdom comes from the 1998 Belfast Agreement. Article 1 includes the following:

The two Governments ...
... (vi) recognise the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British, or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland."

There was some concern in 1998 that this clause would allow anyone born in Northern Ireland to claim British citizenship. At the time the Irish allowed anybone born on their territory (diplomats excepted) to be an Irish citizen. However an Annex was also included to the Agreement to limit the scope of Article 1 as follows:

Declaration on the Provisions of Paragraph (vi) of Article 1 In Relationship to Citizenship
The British and Irish Governments declare that it is their joint understanding that the term "the people of Northern Ireland" in paragraph (vi) of Article 1 of this Agreement means, for the purposes of giving effect to this provision, all persons born in Northern Ireland and having, at the time of their birth, at least one parent who is a British citizen, an Irish citizen or is otherwise entitled to reside in Northern Ireland without any restriction on their period of residence."

Effectively this means that the United Kingdom government accepts that a child born in the United Kingdom to an Irish citizen parent is automatically a British citizen. This is in line with the provisions of the British Nationality Act 1981 and there has been no change in this respect since 1998.

http://cain.ulst.ac.uk/events/peace/docs/agreement.htm

[simonflynn04]

The IND policy document on EEA citizens makes reference to this:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

"5.3 ... Citizens of the Irish Republic, whether exercising EEA free movement rights or not, are not normally subject to any form of immigration control on arrival in the UK because of the Republic’s inclusion in the Common Travel Area (s.1(3), Immigration Act 1971)"

and further on:

"8.3 The 2000 Regulations did not affect the position of EEA nationals entitled to remain indefinitely on some other basis, for example because they had been granted indefinite leave to remain under some other provision of the Immigration Rules, were entitled by virtue of diplomatic status to exemption from UK immigration control or because, as Irish nationals, they benefit under the Common Travel Area provisions. Persons in these categories should be regarded as having been free from any restriction under the immigration laws on the period for which they may remain."

Does anyone know where a working link to this document can be found online now? I have the 1971 Act, it's just the pdf from the Home Office site that I'm looking for.

[Richard W]

The IND policy document on EEA citizens makes reference to this:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

Does anyone know where a working link to this document can be found online now? I have the 1971 Act, it's just the pdf from the Home Office site that I'm looking for.

For anyone else who wants to check on this post, use the Internet Archive Wayback Machine. That interface has been around for a long time.

[Casa]

The IND policy document on EEA citizens makes reference to this:
http://www.ind.homeoffice.gov.uk/docume ... iew=Binary (pdf)

Does anyone know where a working link to this document can be found online now? I have the 1971 Act, it's just the pdf from the Home Office site that I'm looking for.

For anyone else who wants to check on this post, use the Internet Archive Wayback Machine. That interface has been around for a long time.

Please don't resurrect dormant threads. This one was was opened 10 years ago and last active in 2012!