northern ireland resident non eu - how to travel to republic

[jlolololo]

I am dual irish/british citizen, born in ni and resident here with my non eu spouse who is on a uk spouse settlement visa due for ilr in 2014.
Anyone else in the same boat? We would like to travel over the border frequently but don't want to apply for a single entry visa every time. Seems ludicrous as there are no border controls. We have a wedding to attend just across the border next month and we are scared to go through the rigmarole of a visa application due to the length of time they take, and the fear of being rejected - spouse application for a visit visa was rejected in 2008 but the visa was granted on appeal. Spouse is travelling abroad in november so also worried about not getting the passport back in time. Spouse would also prefer to fly into dublin on way back from traveling - without me - so the way I understand it at this point we would need to apply for a single visit visa for the wedding, and a single visit visa for the entering the island via dublin, before being eligible to apply for a multiple entry visit visa.

Any ideas? Should we bite the bullet and apply for a single visit?

Edit to add: we have been married for five years and have two children with dual uk irish nationality

[dalebutt]

Why don't you simply get your husband to apply for Irish naturalisation? That way you don't have to worry about applying for visa, if you will be entering the south on your British passport and not the Irish one it should be ok, as you will be exercising your treaty rights.

[jlolololo]

Where can I find info on irish naturalisation and how does my spouse qualify?

[jlolololo]

Also, would I be exercising treaty rights if we are going to a wedding?

[chaoclive]

No, you would not be exercising treaty rights if you're attending a wedding.

If your spouse has been residing on the ISLAND OF IRELAND for 3 years and married to an irish citizen for 3 three he/she will be eligible for irish citizenship (you may have been eligible for some time now). This is really easily accessible via Google.

See this for naturalization of the spouse of an irish citizen:

http://www.inis.gov.ie/en/INIS/Pages/WP11000014



"Notwithstanding the provisions of section 15, the Minister may, in his or her absolute discretion, grant an application for a certificate of naturalisation to the non-national spouse or civil partner of an Irish citizen if satisfied that the applicant—

is of full age,
is of good character,
and that citizen—
(i) are married to each other, have been married to each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form, or
(ii)are civil partners of each other, have been civil partners of each other for a period of not less than 3 years, and are living together, as attested to by affidavit submitted by the citizen to the Minister in the prescribed form,
is, in the case of a spouse, in a marriage recognised under the laws of the State as subsisting,
had, immediately before the date of the application, a period of one year’s continuous residence in the island of Ireland,
had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years,
intends in good faith to continue to reside in the island of Ireland after naturalisation, and
has, before a judge of the District Court in open court, in a citizenship ceremony or in such manner as the Minister, for special reasons, allows—
made a declaration, in the prescribed manner, of fidelity to the nation and loyalty to the State, and
undertaken to faithfully observe the laws of the State and to respect its democratic values."

[jlolololo]

Thanks chaoclive. Spouse has only been resident on the island since aug 2012, hence my initial post about visit visas.

[dalebutt]

Chaoclive if the op travels for a wedding or for shopping with their non eu spouse and on their British passport, they are indeed exercising their treaty rights. The right kicks in once you step your foot on the territory of the ROI.

OP I didn't realise your spouse has only been living on the Island for 12 months I thought you have been on the Island for 5 years, you will be exercising your treaty rights if you travelled on your British passport only and it does not matter your reason for travelling.

[jlolololo]

So in that case, what sort of visa should we apply for? Accompanying eu spouse? The issue is that in december he would like to re-enter the island via dublin as it is cheaper than flying into london, so he would be alone then, and would presumably need a single visit visa and I am concerned about time scales thanks for your help

[dalebutt]

So in that case, what sort of visa should we apply for? Accompanying eu spouse? The issue is that in december he would like to re-enter the island via dublin as it is cheaper than flying into london, so he would be alone then, and would presumably need a single visit visa and I am concerned about time scales thanks for your help

If you apply for an accompany EU citizen visa, then you would be expected to be in Ireland or travel together for him to be using the visa lawfully? I don't know if you understand that? But if you will be travelling together you do not necessarily need to apply for the visa, but you will avoid any argument and explanation of your right with the authorities if you encounter any.

If none of that applies , then it is advisable for him to apply for an ordinary Irish visit visa, if he's had the visit visa previously I would suggest for him to request multiple entry of 6 months or more to allow for more flexibility.

[jlolololo]

So the accompanying eu spouse visa would work for the wedding trip. Thanks.

On the irish visa website it states that the applicant should have held two visit visas before applying for a multiple entry visa. He has only held one. Any point applying?

[dalebutt]

So the accompanying eu spouse visa would work for the wedding trip. Thanks.

On the irish visa website it states that the applicant should have held two visit visas before applying for a multiple entry visa. He has only held one. Any point applying?

It will work, there is no requirement to ask someone their reason for wanting to use their rights, and whatever that reason is, it is theirs to know. Yes applicant must have held it at least twice before requesting multiple entry. If you will be travelling together it might be more convenient for you apply your EU rights.