Applying for Irish nationality -impact on family

[Matchingcollarandcuffs]

Hello

I very fortuitously can apply for Irish naturalisation through my late grandpa. As DCs are teens it’s too late for them, and am I right that the only way DH could benefit is if we divorced and remarried?

Are there any benefits when travelling to the EU of being the spouse/child of an EU citizen.

I just despair of the massive brick wall (gaping chasm) we’ve built to block off our kids from so many opportunities.

Thank you

For anybody who might be eligible for an Irish passport via the FBR, and is currently pregnant (or might be sometime soon), they will expedite any application for the future benefit of the unborn child - normally it takes a couple of years.
(It’s on their website, I happened to see it the other day.)

That is definitely different to what I've been told when I applied to be resident in in the EU with Irish DH. I was told that it made no difference that my DH had an EU (Irish) passport. He and I weren't resident in Ireland and I had no automatic right to EU residency.

I think you have to meet the ‘ordinarily residentI’ in EU criteria eux we did obv until Brexit moved the goalposts

I'm entitled to get one through an Irish grandparent but haven't done yet as my DH & DC can't. I wasn't quite sure if they would benefit.

The thing that pisses me off though is that my DM has applied for hers and she voted Leave 😡

I don't know who told you that but they were completely wrong. It's not a little known loophole or anything, it's a fundamental principle of EU law. Reside ncy makes no difference at all, he can move to any EU state any time he likes, for as long as he likes, and you can go too. There are some rules attached that are applied more in some countries and less in others...such as he has to be employed, self employed or self sufficient, after 3 months.

The massive backlog has been cleared and new apps are now down to 6 to 8 months from the 2.5 years plus that they were.
But they will still expedite an application if you expecting the next generation though...

Yes and no. Since 2004 its no longer the case that you are automatically Irish because you are born on the island of Ireland, the rules changed (as they did in the UK). Most people still qualify, but not all.

But yes, for previous generations, you are correct.

It was the regional office that deals with visa applications in the relevant departement of France.

Yes that's exactly what we were told.

Whilst this might be practically true, the person with the UK passport (in our family it's me) will need to make sure that their passport gets stamped, which I guess they may not have the infrastructure to do in the EU only lane.

@IAmInMeHoop I wasn't aware of this either

DH is Irish so he and our DC are Irish passport holders but I am not (I'm English and we live in England).

Am I right in thinking that these rights as the spouse of an EU citizen only apply if you are wanting to live and work in the EU and don't apply if you are travelling for leisure? (i.e. I am still subject the the 90 day rule for time in the Schengen area but DH is not)

Here's what the French gvt visa wizard says if I put in that DH is an EU citizen and that I am British and I want to say more than 90 days in France.

At the top it's clear that I need a visa 🤷‍♀️

No, that was no the case before Brexit. They gave you very bad information. EU free movement rules have only ever got looser over time, and are more accessible than ever.

There's an * next to "citizen of the EU"...doesn't that take you to further information.?

They might not make it very clear on their website, but I can assure you that you only need an EUTR visa to enter France, which is free and automatically granted as soon as you can prove you are his spouse.

Yes, if you wanted to stay longer than 90 days you would have to apply for residency...but technically he also has to register after 90 days (though not all EU countries enforce the rule evenly).

See here: https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm#in-another-EU-country-1

Please note that the exception to these rules is if you want to move to the EU country that your spouse is a national of. So if your spouse is French and you wanted to live in France, EU rules do not apply, French national law does.

Well I'm about to apply for my second 6 month Schengen visa. If youre right, why did they give me that advice when I was going to apply for residency, then insist I had a visa to stay for 6 months instead last year (changed mind about residency), and again this year? That's official French gvt website above I posted above. They can't all be wrong. Can they?

No, it takes you no further. As I says, I put in that I am married to an EU citizen, my age, and that I have an ordinary British passport.

They have the stamps available in the EU queue. DH and DD are dual UK-EU nationals. I always go through the EU queue with them and have never had an issue with having my UK passport stamped.

They clearly can be wrong, because they are.
The link above to the EU's guidance is correct; there are very few conditions to meet when living with an EU spouse in an EU country.

Regarding passport queues see p. 24 of the practical handbook for border guards https://home-affairs.ec.europa.eu/policies/schengen-borders-and-visa/border-crossing_en

"Persons enjoying the right of free movement under Union law are authorised to cross
the border of a Schengen State on the basis of the following documents, as a general
rule:
– EU, EEA, CH citizens: identity card or passport;
– EU Emergency Travel Document51;
– Members of the family of EU, EEA and CH citizens who are nationals of a
third-country: passport."

Yes. I'm an immigration lawyer, specialising in EU law, and I've linked you to the information detailing how you have full EUTR rights. It's all there.

It's also right at the start of the questions on the official French website...
https://france-visas.gouv.fr/en/web/france-visas/ai-je-besoin-d-un-visa

It says: Do you join or travel with a family member from an EU country (excluding France), the EEA, the Swiss Confederation, or a family member who is a UK national beneficiary of the withdrawal agreement ?

If you say yes to that question, it tells you that you do not need a visa, you just need to show you are married to your spouse at border control (France does not bother with EUTR visas, other states do).

I'm even more confused now, why does the French Gvt visa page insist I need a visa when I put details in then?

What are you putting as the answer for the question "Do you join or travel with a family member from an EU country (excluding France), the EEA, the Swiss Confederation, or a family member who is a UK national beneficiary of the withdrawal agreement ?"

The only reason you'd have a visa required is if there were some other circumstance you haven't mentioned.

I'm putting yes to that. Sorry for hiacking the thread op.

Here's what I input, and the other photo is what comes up underneath.

Ok,....don't put Long Stay, put short stay. That's because with EUTR you only get a short stay (90 days) until you have to apply for EUTR residency.

Look, it's here on the Govt website: