I'm Irish/Canadian. I'd like that for my common law partner too.
October 26, 2014 4:32 PM Subscribe
This is one of one things I've been meaning to get around to for years.
I'm a Canadian with an Irish passport (acquired through my Grandparents) that expired 20 years ago. I'd like to renew it and if possible, confer Irish citizenship on my common law partner.
I've never resided, worked or paid taxes in Ireland. My partner and I have owned a Canadian home together for 17 years and work together for my freelance corporation. We don't have immediate plans to work in Ireland but my understanding is that it would give us both the opportunity to do freelance work for studios in the EU. I'm not sure how accurate that is. I'm not even 100% positive that an Irish passport entiltles me to fly to Ireland (or the EU) and start working tomorrow.
I've looked at some info sheets online but thought I could get better real world advice at AskMe.
Is this a feasible plan? Is it the sort of thing people hire immigration lawyers for?
I've never resided, worked or paid taxes in Ireland. My partner and I have owned a Canadian home together for 17 years and work together for my freelance corporation. We don't have immediate plans to work in Ireland but my understanding is that it would give us both the opportunity to do freelance work for studios in the EU. I'm not sure how accurate that is. I'm not even 100% positive that an Irish passport entiltles me to fly to Ireland (or the EU) and start working tomorrow.
I've looked at some info sheets online but thought I could get better real world advice at AskMe.
Is this a feasible plan? Is it the sort of thing people hire immigration lawyers for?
Best answer: I think you'll probably want at least some specialist legal advice, here. It may be possible to achieve at least some of your ends without him becoming a citizen.
There are two angles to this situation. The first are your rights as a citizen of Ireland, and the second your rights in other European Economic Area states. Because of the nature of the rules controlling the rights of workers, your partner is likely (in some circumstances) to have more rights in other EEA states than in Ireland itself, dependent upon if and how you exercise your own treaty rights. Whether you are self-employed or employed is a potentially significant issue here.
Which is all by way of illustrating that you need an Irish migration solicitor with good experience of advising on EEA matters, in order to make an informed decision about what you can and want to do.
posted by howfar at 5:04 PM on October 26, 2014 [1 favorite]
There are two angles to this situation. The first are your rights as a citizen of Ireland, and the second your rights in other European Economic Area states. Because of the nature of the rules controlling the rights of workers, your partner is likely (in some circumstances) to have more rights in other EEA states than in Ireland itself, dependent upon if and how you exercise your own treaty rights. Whether you are self-employed or employed is a potentially significant issue here.
Which is all by way of illustrating that you need an Irish migration solicitor with good experience of advising on EEA matters, in order to make an informed decision about what you can and want to do.
posted by howfar at 5:04 PM on October 26, 2014 [1 favorite]
Response by poster: Just to see if I'm understanding you, DarlingBri - if we (finally) get mix-sexed married and I renew my Irish passport, it's sounding like there's no special status or right-to-work papers for her until I take up residency and sponsor her for a long term visa.
posted by bonobothegreat at 5:15 PM on October 26, 2014
posted by bonobothegreat at 5:15 PM on October 26, 2014
I don't know the details but I'm quite sure that you cannot simply confer Irish citizenship on your partner. I think she can work as your (recognised lawful) spouse in Ireland (probably not the rest of the EU), and from there she can work towards permanent residency, but to do that she would have to be in Ireland, not the rest of the EU, and your status would merely help in allowing her to stay in Ireland legally in the meantime. But of course you need to get your irish citizenship back in order first, and check you don't have to renounce Canadian citizenship.
posted by wilful at 6:10 PM on October 26, 2014
posted by wilful at 6:10 PM on October 26, 2014
Best answer: bonobothegreat, that is correct. The pair of you take your passports, your birth certificates, and your marriage certificates and pitch up at your local immigration office (which for me is my local police station, where I get in a special Spouse line and have never waited more than 20 minutes.)
She registers for a GNIB card, it is returned to you with a Class 4 stamp, and boom that's it. Ireland is her oyster. The card is free for spouses.
Note that she is not applying; her ability to live and work alongside you is constitutionally protected. She is registering her legally protected status*, which is a kosher requirement under EU law.
Also note that there is no "taking up" residency requirement. You do not need to announce your intent. You simply live here for 5 years and then she applies for a passport, submitting paperwork and a cheque in concert with you. That is an application process, but when her passport finally arrives, boom: anywhere in the EU is her oyster.
Ireland is very groovy in this respect.
And you do not need to renounce anything; Ireland loves a dual passport holder.
*My husband gets pissed off with this because technically I really should not need a card at all but I'm all "Dude do you want to go spend 20 minutes in line or do you want to spend the next 7 years working your way up to the European Court of Justice?"
posted by DarlingBri at 6:11 PM on October 26, 2014 [3 favorites]
She registers for a GNIB card, it is returned to you with a Class 4 stamp, and boom that's it. Ireland is her oyster. The card is free for spouses.
Note that she is not applying; her ability to live and work alongside you is constitutionally protected. She is registering her legally protected status*, which is a kosher requirement under EU law.
Also note that there is no "taking up" residency requirement. You do not need to announce your intent. You simply live here for 5 years and then she applies for a passport, submitting paperwork and a cheque in concert with you. That is an application process, but when her passport finally arrives, boom: anywhere in the EU is her oyster.
Ireland is very groovy in this respect.
And you do not need to renounce anything; Ireland loves a dual passport holder.
*My husband gets pissed off with this because technically I really should not need a card at all but I'm all "Dude do you want to go spend 20 minutes in line or do you want to spend the next 7 years working your way up to the European Court of Justice?"
posted by DarlingBri at 6:11 PM on October 26, 2014 [3 favorites]
Best answer: Ireland is very good about putting government information online, including immigration and rights to work. Between the INIS and DJEI you'll find everything you need. And, actually, the latter won't be so necessary because you guys won't need work permits (assuming you're married). Moving to Ireland is pretty straight forward and works like it says it will on the website, you shouldn't need a lawyer.
You're an EU citizen so can work anywhere in the relevant bits of Europe immediately, you just need to get your Irish passport renewed.
Also, keep in mind that many other European countries will recognise your de facto relationship as it is and give your partner the right to work immediately that way. You don't need to do five years in Ireland to get them citizenship first. Then being married only makes this easier (reduces the paperwork if nothing else). Again, most countries are pretty good about putting immigration info online so take a look if there is anywhere else you're interested in, you can probably both live and work in a wider range of places than you may be thinking even before she has citizenship. The words you're looking for is 'family reunification'. You may want to get a lawyer for that, depends on the country and your working situation.
posted by shelleycat at 12:15 AM on October 27, 2014
You're an EU citizen so can work anywhere in the relevant bits of Europe immediately, you just need to get your Irish passport renewed.
Also, keep in mind that many other European countries will recognise your de facto relationship as it is and give your partner the right to work immediately that way. You don't need to do five years in Ireland to get them citizenship first. Then being married only makes this easier (reduces the paperwork if nothing else). Again, most countries are pretty good about putting immigration info online so take a look if there is anywhere else you're interested in, you can probably both live and work in a wider range of places than you may be thinking even before she has citizenship. The words you're looking for is 'family reunification'. You may want to get a lawyer for that, depends on the country and your working situation.
posted by shelleycat at 12:15 AM on October 27, 2014
A website with more general European info to look at is europa.eu, the official website of the EU maintained by the European commission. I linked to the relevant section, but the whole thing is quite helpful (albeit rather general).
Generally you want to be looking at things put online directly by the relevant government departments for it have the best chance of being up to date and accurate. Rules change a lot and there are lots of bad websites by immigration consultancies and similar which can be misleading. Citizens Information, linked by DarlingBi above, is also a good, unbiased resource but can be a bit out of date.
posted by shelleycat at 12:29 AM on October 27, 2014
Generally you want to be looking at things put online directly by the relevant government departments for it have the best chance of being up to date and accurate. Rules change a lot and there are lots of bad websites by immigration consultancies and similar which can be misleading. Citizens Information, linked by DarlingBi above, is also a good, unbiased resource but can be a bit out of date.
posted by shelleycat at 12:29 AM on October 27, 2014
Response by poster: Thanks everyone for all the background info. It puts the online resources into some context and we can go forward with a much clearer idea of the options available. It looks like we could both work in France if we wanted!
posted by bonobothegreat at 6:53 PM on October 27, 2014
posted by bonobothegreat at 6:53 PM on October 27, 2014
Also note that there is no "taking up" residency requirement. You do not need to announce your intent. You simply live here for 5 years and then she applies for a passport, submitting paperwork and a cheque in concert with you. That is an application process, but when her passport finally arrives, boom: anywhere in the EU is her oyster.
Ireland is very groovy in this respect.
It's not quite as simple as that: your spouse would surely be applying for naturalisation as an Irish citizen; the passport is a separate application and comes later, once entitled to it. Also, one may apply for naturalisation after three years of continuous residence, but it's expensive - more than €1,000 for the application and naturalisation certificate combined - and the paperwork is a pain in the bum. Once submitted, you'd get a decision within six months nowadays (a few years ago it was up to TWO YEARS or more).
posted by macdara at 8:22 AM on November 11, 2014
Ireland is very groovy in this respect.
It's not quite as simple as that: your spouse would surely be applying for naturalisation as an Irish citizen; the passport is a separate application and comes later, once entitled to it. Also, one may apply for naturalisation after three years of continuous residence, but it's expensive - more than €1,000 for the application and naturalisation certificate combined - and the paperwork is a pain in the bum. Once submitted, you'd get a decision within six months nowadays (a few years ago it was up to TWO YEARS or more).
posted by macdara at 8:22 AM on November 11, 2014
« Older What is a good, quiet bedroom fan? | How can a small-time employee get a promising... Newer »
This thread is closed to new comments.
What being married to him does get me is the right to live and work here, to start the clock on the above.
However, that doesn't help you because the concept of common-law marriage is not recognised under Irish law. Your choices are mixed-sex marriage or same-sex civil partnership. (We are likely to welcome same-sex marriage in the near future if that's relevant.)
I'm not even 100% positive that an Irish passport entitles me to fly to Ireland (or the EU) and start working tomorrow.
It does. Were you married, your spouse could as well.
posted by DarlingBri at 4:47 PM on October 26, 2014 [2 favorites]