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Born in Northern Ireland ?

Discussion in 'UK Visa and Immigration Help' started by Br28016, Oct 20, 2020.

  1. Br28016
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    Br28016 Active Member Trusted Member

    For anyone born in Northern Ireland worth being aware that can now use the eu settlement scheme under category of relevant person of Northern Ireland.

    Wife has just got her 5 year pre settled status. Should cover us for period until she can apply for settled status which is equivalent of ILR.

    Much easier process than the spouse visa route but only available for limited time.
  2. Ces
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    Ces Member

    Hi. Just wondering.... I applied for FLR October 2019 and visa is still valid sometime 2021. Husband is Irish and we live in Northern Ireland. Could I apply for this settled status even though my FLR visa is still valid?
  3. Br28016
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    Br28016 Active Member Trusted Member

    Husband would have to have been born in northern Ireland. He can have Irish citizenship, British citizenship or both but must have been born in northern Ireland.

    My wife was on the normal settlement visa and applied and was successful and now has a five year visa at no cost - no application fee and no IHS charge. Process is fairly easy and once done 5 years can apply for settled status which is equivalent of ILR.
  4. Br28016
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    Br28016 Active Member Trusted Member

    Realise that you are on second visa so not as much gain but still worth while.

    You can apply for eu settlement scheme now and will get pre settled status visa. Do need to apply before end June 2021. Once been here for the five years which should include time on spouse visa can then apply for settled status which is equivalent of ILR. Also no requirement for English test or life in UK test although they will be required for citizenship application. No requirement for IHS payment and free to apply for so long as get one of the free biometrics appointments.

    New card removes the no access to public funds remarks and is for five years starting when settlement scheme application is granted.

    Application process is easy compared to normal settlement scheme visa and if anything missing they will contact you with requirements.
  5. bigmac
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    bigmac Well-Known Member Trusted Member

    and this is in Northern Ireland--right ?
    so--different rules to the rest of us ?
  6. Maharg
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    Maharg Well-Known Member Trusted Member

    Aren't people from Northern Ireland entitled to Irish citizenship? I think that's why. It's been that was for ages, but now they can really see the benefits of it.
  7. Br28016
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    Br28016 Active Member Trusted Member

    Pretty much anyone born in Northern Ireland to parents who have legal right of abode there is entitled to Irish, British or both in terms of citizenship. Depending on how strong you feel there will be people who consider themselves Irish only, British only or will take both passports depending on advantages of which ever one.

    UK government in the past has taken line that regardless of whether you consider yourself Irish only does not matter as you are entitled to British citizenship so could not use the EU route unless renounce British citizenship. Was a case going through appeal court regarding a lady called Emma Dr Souza that was challenging this as contrary to the Good Friday Agreement.

    UK Government effectively admitted defeat on this and brought in change of law so that what is called a relevant person of Northern Ireland is now considered an EU citizen and from 24th August this year family members can use the EU settlement scheme to bring in family members although the ability to use this route will effectively end when EU movement and the EU settlement scheme finishes. Until then worth anyone who qualifies using it as saves on costs of FLR and ILR costs as pre settled gives a five year visa and settled is equivalent of ILR.

    Key requirement is that have to have been born in Northern Ireland so limited subset of people who can take advantage. Cannot move there to take advantage and dual british/Irish citizens from birth cannot take advantage as UK Government line that they are British so gave to renounce British citizenship to use EU route. Don't have to still be living there when you apply for family members.

    And yes @bigmac if you were born in Northern Ireland then different rules apply for a short window.

    Having experienced both systems the EU settlement route is a lot easier and pleasant to use and they make the effort to ensure that if anything is missing then will ask for it. Requirenent for 5 year visa was one letter to wife in last six months, my passport information page, my birth certificate, my parents birth certificate and passport information page pathways and proof I had been living in UK. No financial requirements, no English test requirements, no hideously detailed loops to jump through such as money in bank for six months or payslips for six or twelve months, no convincing UKVI of relationships.

    For settled status will require wife to show evidence of being here for full five years so bit more of a hoop to jump through then but expect will be lot easier than the FLR(M) route and no IHS payments to make or fees for settled status application. After than can do settlement application. Shoild also cover step children and putting in applications for them and as based on my residence once get biometrics appointment waiting to see if they get settled or pre settled status. Probably not needed as going down adoption route with them but I like to cover all the bases.
    • Informative Informative x 2
  8. Ces
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    Ces Member

    Thanks!!
    We've known about this for months we've follow that case of that lady from Derry and her husband from US.
    Imagine payed nearly £4k for my second FLR then few months after UK government took a turn. **** I was fuming!

    The reason I wasn't really pursuing it bcos I'm planning to apply for an Irish citizenship anyway. Meet all the criteria/requirements but haven't start applying yet. Just the thought of gathering the papers again.... aacchhh.
  9. Br28016
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    Br28016 Active Member Trusted Member

    Lol. Keep forgetting about that option even though was born in Northern Ireland. Bit to focused on eu settlement scheme as I live in England now
  10. Aromulus
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    Aromulus The Don Staff Member

    That loop hole was knocked on the head a couple of years ago, if I am remembering correctly.
  11. Br28016
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    Br28016 Active Member Trusted Member

    If you are born to parents who are British, Irish or legally living in N Ireland you are entitled to be Irish. Loophole that was closed was the having a baby in N Ireland or Republic of Ireland even though not legally living there. Birth tourism before that would have meant the baby was Irish or entitled to Irish. Issues such as Chen case made the Irish government have referendum and they tightened up the rules after 2005 I believe.

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