Citizenship through Association/Marriage to Irish

[MarthaJones]

This is my first post in this community. I have however been reading for several months.

I also would like to say I believe I already know the answer to my question, but I ask the kind indulgence of community members in case there is something I am overlooking. I am listing what I believe are my/our relevant details, in case any of them make a difference to the answer.

I am an American living in the US. I have always lived here and have no Irish lineage.

My husband is a dual national Irish/UK citizen by virtue of being born in Northern Ireland. He was born in 1963 and lived there until 2005, when he moved to the US to be with me. His parents and grandparents were born in Northern Ireland. My husband held an Irish passport for 10 years; he presently holds a British passport.

We have been married since 2005 and have always lived together in the US.

We seek to return to Northern Ireland. We do not qualify under the UK's present family visa path. My husband in unwell. I don't think the stress of having to go back to the UK on the Surinder Singh route would be good for him.

So - How to get me to the North? I understand that the path to Irish citizenship via marriage has been closed unless the non-Irish has lived in the Republic. Correct?

And - I think it is unlikely I might be able to obtain an Irish passport through association?

If anyone has words of wisdom, I would be most appreciative.

[IntegratedMigrant]

I understand that the path to Irish citizenship via marriage has been closed unless the non-Irish has lived in the Republic. Correct?

The only requirement in your case so I believe, is that you have to be continuous residence in Ireland for 1 year prior to the date of your Citizenship application.

[IntegratedMigrant]

And - I think it is unlikely I might be able to obtain an Irish passport through association?

Based on the story you've given, you do not QUALIFY to apply for naturalisation based on Irish Associations. However, Irish Associations means that you are related by blood to an Irish Citizen.

So if you have Kid/s whom are Irish then you are eligible to apply. But I must also point out that there are other requirements you must meet to apply on that basis.

[MarthaJones]

I understand that the path to Irish citizenship via marriage has been closed unless the non-Irish has lived in the Republic. Correct?

The only requirement in your case so I believe, is that you have to be continuous residence in Ireland for 1 year prior to the date of your Citizenship application.

Thank you for your response. Why would I only need one year of continuous residence? I thought the requirement was longer......

And no, we don't have any children together.

[IntegratedMigrant]

Thank you for your response. Why would I only need one year of continuous residence? I thought the requirement was longer.......

I'll have to do more research I get back to you on that later. Spouse of an Irish National living outside Ireland and has been married for 5 years or more could qualify for naturalisation. I am not too sure though but will get back to you on that. Again clarification from other members would be welcome.

[IntegratedMigrant]

And no, we don't have any children together.

Well in that case you are ineligible to apply for Naturalisation based on Irish Associations as you are not related by blood, affinity, adoption to, or the civil partner of a person who is an Irish citizen

[jeupsy]

Being married to an Irish national reduces the residency requirement from five years to 3 years to apply for citizenship, so it doesn't help you there.

Would you consider living in the Republic of Ireland?

If your husbands gives his British passport you might qualify for an EU Treaty Rights residence card in the Republic. They could if they wanted refused it on the basis that he also is a citizen of the RoI, but I don't think they really do (whereas the UK is clearly stating that if your are a dual UK other EU citizen you can't entitle for this).

Also, if your husband is willing to renounce his British citizenship he could sponsor you to live in the UK under EU Treaty Rights based on his Irish citizenship (as it is a big decision you'd better double check this with an immigration solicitor, but I am fairly sure this is correct).

[MarthaJones]

As my husband is dual, I do have questions about a Singh refusal if he exercised his treaty rights in the Republic.

But that's a question, I think, for another thread.