How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Thomas Your Own Question

Thomas
Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 6305
Experience:  BA (Hons), PgDip, Practising Solicitor
Type Your UK Immigration Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

I am an American married to a dual Irish/British citizen. I

Resolved Question:

I am an American married to a dual Irish/British citizen. I had a residence permit stamp in my passport which expired in DEC 08. I left the UK in JUNE 08 to live in the ROI. I would like to work over the border in NI but continue to live in ROI as many of my neighbors as well as my husband do, but as my residence permit for the UK has expired am I allowed to? I have a certificate of registration card from the Garda here in the ROI, but am not yet a citizen though I am now entitled to apply. If I am no longer allowed to work in the UK as we have moved from there and my stamp is expired, can I renew the permit in any way? Once I am an EU citizen will I be able to work over the border?



Optional Information:
State/Country relating to Question: United Kingdom

Already Tried:
I tried to call the home office but could not get through. I have sent an email am am waiting for response.
Submitted: 2 years ago.
Category: UK Immigration Law
Expert:  Thomas replied 2 years ago.
Hi,

Thanks for your question.

This is a really tricky situation. As the non-EEA spouse of an EEA national you obviously have the right to exercise treaty rights in the country where your EEA spouse is exercising their treaty rights but no other. Your husband is living and working in the ROI, therefore you have a right to live/work. Northern Ireland is part of a separate sovereign state and therefore if your husband is not living or working there then I’m afraid that I cannot see how your rights would extend there unless he moved permanently there.

Were you move house to NI then you could apply for a family permit and thereafter a Residence Card. This would then allow you to live/work in NI. If you don’t though then they only way you could work there would be by applying for a Tier 2 Sponsored Skilled Worker visa (outside the EEA provision) from a Tier 2 Sponsor Employer and disclose that you would live in ROI but work in NI and ask that they exercise their discretion to grant the visa albeit that you shall not live there. Details here, but it’s very difficult to obtain these visas and you msut have the requisite number of points to apply:-
http://www.ukba.homeoffice.gov.uk/visas-immigration/working/tier2/general/
You residence card would no longer grant you entry without your husband I should think. Once you have obtained permanent residence and thereafter naturalised as Irish (I presume) and obtained an Irish passport you would be free to work in NI or any other EEA country as you see fit so it would completely solve the problem.

This is a particularly quirky scenario I’m afraid but the above is my interpretation of the relevant EEA rules in place.

I am very sorry I could not have better news for you.

If this has been useful please kindly click accept so that I may be rewarded for my time. If you do not click accept your money stays with the site and I do not receive any credit for the time I have taken to answer your question. You will not be charged any further money for clicking accept.

If you wish for me to provide you with further guidance on any question you may have in the future then please submit a further question to the board requesting me either by my profile or by marking your question. “FAO Tom”.


Kind regards,


Tom
Customer: replied 2 years ago.
Hi Tom:

Thanks for your excellent info. Just a clarification though, my husband does work in NI over the border. We however live just over the border in Donegal. Does this affect my options if he works over there at all? Wanted to clarify this before I accept. Will do so after that...

Thank you
Expert:  Thomas replied 2 years ago.
Hi,

I can't say for certain but I would think this would mean that you would have a reasonable chance of getting a residence card again for your passport to work in NI on the basis that he is exercising his treaty rights there.

You would certainly have to explain the slightly unusual circumstances that apply and ask that they exercise their discretion and grant it even though you are not technically living on this basis.
You would have to supply evidence of the work he does there.

It's discretionary basically, but it improves your chances I would think.

Trust this clarifies, please click accept.

Kind regards,

Tom
Customer: replied 2 years ago.
Thanks Tom, could you send me web link which states where I need to go/how to apply when living in ROI to get said residence card if you have it? I handled this before when living in Birmingham, England so am not sure where to go to do this here in Ireland. I am only asking because trying to get in touch with Home Office is impossible by phone and my email query can take 20 days, they are rude, curt and told me this is not possible but did not say why so I am trying to get clarification from them. I did not tell them my husband was working over there however as they didn't ask. I will now though.

No more questions on this I promise!!!! Just assumed you may be able to direct me to correct link as you did with another example above.
Expert:  Thomas replied 2 years ago.
Hi,

Yes, they're not very helpful unfortunately.

You will have to apply to the British Embassy in Ireland, here is the weblink but you should call them to confirm the address of the department to which it should be addressed.

Please click accept.

Kind regards.

Tom
Expert:  Thomas replied 2 years ago.
Sorry, here it is:-
http://britishembassyinireland.fco.gov.uk/en/
Thomas, Solicitor
Satisfied Customers: 6305
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and other UK Immigration Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
< Last | Next >
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Solicitor

    Satisfied Customers:

    1518
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    793
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    782
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/AMARHAYAT/2009-12-11_31638_phpZxJuBB_c2PM.jpg A Hayat's Avatar

    A Hayat

    Immigration Solicitor

    Satisfied Customers:

    205
    13 years specialist skill in UK Immigration & Nationality Law
  • http://ww2.justanswer.com/uploads/paulrichmond1/2010-05-29_112318_PaulRichmond.jpg Paul Richmond's Avatar

    Paul Richmond

    Barrister

    Satisfied Customers:

    114
    LL.B (Hons) (First Class), LL.M (Distinction), Immigration Barrister (12 years)
  • http://ww2.justanswer.com/uploads/AW/AwanLegal/2011-6-16_113818_DSC00284.64x64.JPG Awan-Legal's Avatar

    Awan-Legal

    Solicitor

    Satisfied Customers:

    95
    Specialist in immigration law with the highest level of accreditation in this area and with many years experience.
  • http://ww2.justanswer.com/uploads/Topadvisor/2010-5-18_221239_Me.jpg John Knox's Avatar

    John Knox

    Solicitor

    Satisfied Customers:

    19
    solicitor with 8 years experience