Rights of non-EU/EEA/UK citizen with a UK spouse in Ireland

[bobbob007]

Hi,

Apologies in advance is this is a very basic question, but I'm getting lost jargon on the Irish government websites.

How can a UK citizen ("Bob") who lives/works in Ireland (who moved since the UK's departure from the EU) remain unified with their non-EU/EEA/UK spouse ("Mary") if Mary's visa expires and for whatever reason she can not find a way to renew/gain a new visa?

What rights do they have? And how easy/fast/costly is the process?

And a second scenario: if the UK citizen became a dual citizen of an EU country, same question as above?

Thanks!

[bobbob007]

(N.B. I use "rights" loosely, as in what options are available or referring to a process which has a high chance of succeeding etc)

Thanks

[meself2]

if Mary's visa expires and for whatever reason she can not find a way to renew/gain a new visa?

if they're legally married, why wouldn't visa be tied to their marriage and they can renew it based on it? or what's Mary's current status and where does she live?

And a second scenario: if the UK citizen became a dual citizen of an EU country, same question as above?

theoretically, if the EU country isn't Ireland, they could go for Treaty Rights I'd say.

[bobbob007]

Thanks for your reply

if they're legally married, why wouldn't visa be tied to their marriage and they can renew it based on it? or what's Mary's current status and where does she live?

Mary is currently on a visa from when Mary was single (Stamp 4 I think). Residing in Ireland

theoretically, if the EU country isn't Ireland, they could go for Treaty Rights I'd say.

Yes, an EU country which is not Ireland. Not sure what you mean by Treaty Rights exactly. Sorry

N.B. sorry if this sound a bit cryptic. I'm thinking about a future scenario with myself and my future spouse

[meself2]

Mary is currently on a visa from when Mary was single (Stamp 4 I think). Residing in Ireland

What's it tied to, and is it pure Stamp 4 or 4EUFAM?

If Stamp 4 is due to LTR, for example, it should last long enough anyway without worrying about renewing permission.

To sponsor her as a UK citizen (I assume move to Ireland was made after 31st December 2020, when WA deadline happened), she'd have to reach out to ISD, see below.
https://www.irishimmigration.ie/coming- ... ly-member/

If I am in the State on another valid permission what do I do?
Where you hold a separate immigration permission within the State for the purpose of study or work for example, and then become the spouse, civil partner or de facto partner of a UK citizen, a change of status request may be made to the Department of Justice at the address below:

Unit 5 Domestic Residence and Permissions Division
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland

4D is new and not many people would have experience with it here.

Yes, an EU country which is not Ireland. Not sure what you mean by Treaty Rights exactly.

EU citizens can live in other EU country freely and bring their family members with them. They can apply for Stamp 4EUFAM for their qualified family members, more info here - https://www.irishimmigration.ie/coming- ... ty-rights/ . She'd need to submit documents to EU Treaty Rights office and await what they say, while you should be exercising your Treaty Rights here as a EU citizen. It takes time (people here were mentioning 6 months - a year) before a decision was made, but they can give a temporary stamp if current permission is about to expire, if there's no decision yet. Don't think it'll be very relevant for you since you have UK citizenship, but just so you know.