Need proof of 'being lawfully resident in' Northern Ireland when applying for Naturalisation as Spouse of Irish Citizen

[bmwvikingdude]

Hello All

Near the bottom of the 'Introduction' page of the on-line naturalisation application there are the bright blue words 'the full list of required documents that must be provided' which, if one is applying as the spouse of an Irish citizen, is a link to the following document:

https://www.irishimmigration.ie/wp-cont ... iage.docx

Most of the requirements I have seen before, but not the language quoted below:

• Where the residency is in Northern Ireland, evidence must be given of being lawfully resident in that jurisdiction for the period of 1 year immediately prior to the application and a further 2 years in the 4 year period before that, equalling 3 years in total, on foot of a permission granted by the immigration authorities of the United Kingdom, which period was granted other than for a period of :
• enabling you to engage in a course of education of study;
• or having a claim to be recognised as a refugee within the meaning of the 1951 Geneva Convention relating to the status of refugees and the 1967 protocol relating to the status of refugees determined by the UK authorities.

Until I read that, I thought only needed to prove that I was physically present in Ireland or Northern Ireland.

I now suspect that I am not 'lawfully resident' in Northern Ireland because I lack a 'permission granted by the immigration authorities of the United Kingdom', and that unfortunately my only remaining course of action is to obtain that permission and apply at a later date.

Possibly (ir)relevant details:

I married my wife, an Irish citizen by birth, in January 2020.

I am a United States citizen, and was granted Stamp 4 residency in September 2020.

From September 2020 to April 2022 my wife and I lived together at my home in Munster.

In April 2022 my wife and I moved to Belfast, where we rent an apartment, and my wife is employed by the NHS.

My wife registered with the Jobs & Benefits Office in Belfast, and was given an HMRC tax number, and works in Belfast until the present day.

I am retired, I do not work, and am neither a refugee nor a student.

Thank you for your attention ...

[Vadrar]

I’m editing because I’ve just reread. So, to confirm, you are currently living in UK without legal permission?

If so, yes, to be eligible for Irish naturalisation via spouse you will need to be able to prove you’ve been legally residing for the full 3 years. But you need it to be legally in UK, so Irish naturalisation is likely least of your worries right now.

[meself2]

I concur with what's said above - you're currently breaching UK immigration laws, Irish permission means nothing on the other side of the border (and you were supposed to notify ISD about it).
Get your current immigration matters sorted first.

[AHC01]

When moving to Northern Ireland (United Kingdom) and planning to stay longer than 6 months, you needed to apply for a Family Visa. You can apply from outside the UK or from inside the UK. There's also a healthcare surcharge of £1500 to £3000 depending on the length of the visa. There's a super priority service to get a faster decision, but that is £1000.

Doesn't help that you may have been illegal in the UK since 2022 and overstayed the 6 month of tourist visa.

Is your Stamp 4 residency in the Republic still valid?

[Vadrar]

Is your Stamp 4 residency in the Republic still valid?

Even if it is still in date, it won’t be valid after a two year absence from the Republic.