Stamp 4 Needs to Move to the North, But How?

acuffrose

I'm an American citizen living in Ireland for the past two years (plus 2 more before now) on a Stamp 4. My husband is an Irish national, and our two children have both US and Irish citizenship. I work full-time from home. My husband just got a great opportunity up north, but it requires him to be local. We're fine with moving, and I can do my job from anywhere (full-time remote work for an international company). 
The problem is getting permission for me to live in the UK. I'm a year away from qualifying for Irish citizenship. I could switch countries with my job as they have a UK entity too, but I can't be sponsored by them for residency. 
Can anyone explain what my options are to obtain permission to live in NI, if I have any? Thank you very much!

Mrs OBumble

How local does your husband need to be? Could he drive from just across the border each day?


Are you aware of the http://borderpeople.info/ website - it has a range of useful information.

Really Interested

acuffrose wrote: »

I'm an American citizen living in Ireland for the past two years (plus 2 more before now) on a Stamp 4. My husband is an Irish national, and our two children have both US and Irish citizenship. I work full-time from home. My husband just got a great opportunity up north, but it requires him to be local. We're fine with moving, and I can do my job from anywhere (full-time remote work for an international company). 
The problem is getting permission for me to live in the UK. I'm a year away from qualifying for Irish citizenship. I could switch countries with my job as they have a UK entity too, but I can't be sponsored by them for residency. 
Can anyone explain what my options are to obtain permission to live in NI, if I have any? Thank you very much!

As the spouse of an Irish Citizen your husband if he moves to anywhere in the EU is entitled as of right to get you a working permission in any other EU country once he moves there. The funny thing is when and if he moves back to ROI you are entitled to a EU stamp 4 in ROI which is a better permission than ordinary stamp 4.

acuffrose

Really Interested: does it work the same with the UK though? I know that would be the case if we went to France for example, but appears that the UK is way more restrictive.
Thanks!

Really Interested

acuffrose wrote: »

Really Interested: does it work the same with the UK though? I know that would be the case if we went to France for example, but appears that the UK is way more restrictive.
Thanks!

The U.K. is a nation within the EU until the 31st December, 2020. So yes ROI fought a war to get independence the funny thing is that a spouse of a Irish citizen time residing in NI counts towards citizenship and any child of such a relationship in NI is by law a citizen of UK ROI and in this example USA.

Try tell a Canadian they are citizens of USA!

splinter65

acuffrose wrote: »

I'm an American citizen living in Ireland for the past two years (plus 2 more before now) on a Stamp 4. My husband is an Irish national, and our two children have both US and Irish citizenship. I work full-time from home. My husband just got a great opportunity up north, but it requires him to be local. We're fine with moving, and I can do my job from anywhere (full-time remote work for an international company). 
The problem is getting permission for me to live in the UK. I'm a year away from qualifying for Irish citizenship. I could switch countries with my job as they have a UK entity too, but I can't be sponsored by them for residency. 
Can anyone explain what my options are to obtain permission to live in NI, if I have any? Thank you very much!

If you have been living here married to an Irish citizen for 3 years and can prove it then you can go ahead and apply for Irish citizenship right now.

Really Interested

splinter65 wrote: »

If you have been living here married to an Irish citizen for 3 years and can prove it then you can go ahead and apply for Irish citizenship right now.

Many USA citizens do not for many reasons like to Naturalise in another country. The situation as I understand it is that a dual citizen from birth is ok, or a dual citizen by some action outside the US citizens action is OK but they US frowns on naturalisation by choice.

http://immigration.findlaw.com/citizenship/dual-citizenship.html

"Typically, no American will forfeit his or her citizenship by undertaking the responsibilities of citizenship in another country. This is true even if the responsibilities include traveling with a foreign passport, voting in another country's election, or running for and/or serving in public office of another country. In most cases, it is unimportant to U.S. authorities whether another country also claims you as a citizen."

splinter65

Really Interested wrote: »

Many USA citizens do not for many reasons like to Naturalise in another country. The situation as I understand it is that a dual citizen from birth is ok, or a dual citizen by some action outside the US citizens action is OK but they US frowns on naturalisation by choice.

http://immigration.findlaw.com/citizenship/dual-citizenship.html

"Typically, no American will forfeit his or her citizenship by undertaking the responsibilities of citizenship in another country. This is true even if the responsibilities include traveling with a foreign passport, voting in another country's election, or running for and/or serving in public office of another country. In most cases, it is unimportant to U.S. authorities whether another country also claims you as a citizen."

The OP says they are going to naturalise but appears to think that they have to wait 5 years.
People married to and living here with an Irish citizen only have to wait for 3.

Fred Swanson

This post has been deleted.

Really Interested

splinter65 wrote: »

The OP says they are going to naturalise but appears to think that they have to wait 5 years.
People married to and living here with an Irish citizen only have to wait for 3.

I missed that yes the person can apply for Naturalisation, and I believe as the OP would be intending to reside in NI then there should be no issue that she is out of ROI when application is granted.

Peregrinus

Really Interested wrote: »

The U.K. is a nation within the EU until the 31st December, 2020 . . .

until 30 March 2019. If the OP and her spouse make the move to NI before that date she should be able to get on the basis you have already outlined, and that should endure indefinitely. (At least, the UK has agreed that the EU withdrawal agreement is to provide this. But it is still possible that negotiations may collapse over other issues, and there may in the end be no withdrawal agreement, so this isn't quite locked in yet.)

If they make the move between March 2019 and December 2020 then, assuming there is a withdrawal agreement in place, it will probably provide for them to have the same rights but, again, this isn't locked in yet.

acuffrose

Thank you all. Issues are:
- I applied for an EEA Family Permit with the UK Home Office last year (similar opportunity), but the application was stalled for 6 months with no decision. Finally I had to withdraw it so I could get my passport back and travel. Apparently this is a common issue at the moment. It appears the UK is sitting on applications that should be processed and approved under EU law and their obligations (loads of examples on various forums/chats). That permit would have given me the right to work. 
- I get that as a spouse of an EEA national and with my stamp 4, I can move with my husband and live anywhere in the EU. But the issue is work. Can I move anywhere in the EU and legally work? Or can I reside in NI and work in Ireland? I'd be willing to rent a little office space or something to have a business/work address in Ireland if that's a legal thing to do. Or (better) is there an automatic right for me to be able to WORK in the UK as the spouse of an EEA national? I get that I'm supposed to be able to get the Family Permit with no trouble, but it's not working out that way.
- I don't yet have 3 years continuous residence and the gap in my most recent 5 years is too long. (You have to be resident 3 of the past 5 years.) I've been a resident a total of 4.5 years, but with a 2.5 year gap in there, so the maths don't work at the moment. I WILL apply for naturalisation next year once I have 3 continuous. There's no issue with having both US and Irish citizenship, whether from birth or naturalisation, and I'd choose Ireland anyway as this is where I've chosen to live permanently.
I do worry that Brexit will happen before I get my citizenship and then this door could be closed.
Thank you all for your help!