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Question - married to EU citizen. What are your rights after Bexit?

Posted: Tue Apr 16, 2019 5:08pm
4 replies165 views6 members subscribed
NickB

NickB

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Hi,

My wife has applied for an Irish passport,  as her father was Irish, and as such shes entitled to one. Should have it in a couple of months. 

We plan to move permanently to Spain in the summer, so after Brexit as she is still an EU citizen (Irish) and I am her husband (British), will I have the same rights as now (EU citizen) or not?

Hope someone can help.

Cfell63

Posted: Wed Apr 17, 2019 10:03pm

Cfell63

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Posted: Wed Apr 17, 2019 10:03pm

As things stand now, your wife will have a right to live / work in Europe. You will apply for a spousal visa for yourself and this will allow you to live & work there too. 

You’ll no doubt have to prove you’re married, for how long etc but I don’t see that brexit will affect that set up in general. My husband did what your wife’s doing & got his paddy passport last year. ( took a good 3 months so plan well ahead ) . I can get the visa with either my Australian or UK passport. It won’t matter which if brexit goes ahead. 

AMK

Posted: Thu Apr 18, 2019 9:22am

AMK

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Posted: Thu Apr 18, 2019 9:22am

I looked into this when my wife got her Irish Passport......and decided I couldn’t legally meet the criteria required :-

“ To claim citizenship by marriage, you must meet the following conditions: you must be married to an Irish citizen for at least three years; you must have had one year of  "continuous residence" on the island of Ireland immediately before the date of your application; and finally, you must have been living on the island of Ireland for at least two of the four years before that year of continuous residence. Altogether you must have a total of 3 years recognisable residence out of the last 5 years.”

.

Cfell63

Posted: Thu Apr 18, 2019 11:14am

Cfell63

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Posted: Thu Apr 18, 2019 11:14am

That’s true IF you wish to claim IRISH citizenship through your spouse. It doesn’t apply in regards to getting residency to Europe. The OP isn’t trying to apply as a euro citizen ( assuming brexit happens) he’s thinking about spousal visa as a non European via a euro citizen 

NickB

Posted: Thu Apr 18, 2019 12:33pm

NickB

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Posted: Thu Apr 18, 2019 12:33pm

Thanks everyone,  your responses have been really helpful. And reassuring!

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