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Thomas, Solicitor
Category: UK Immigration Law
Satisfied Customers: 7620
Experience:  BA (Hons), PgDip, Practising Solicitor
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I am an American married to a dual Irish/British citizen. I

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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?

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State/Country relating to Question: United Kingdom

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I tried to call the home office but could not get through. I have sent an email am am waiting for response.

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:-
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.

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Kind regards,

Customer: replied 5 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

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,

Customer: replied 5 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.

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.

Sorry, here it is:-
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