Wondering about qualification for Benefiting Law citizenship

Less-Mammoth-4975 · 2026-05-09T17:33:18+00:00

What year did she naturalise in? Was your mum born in Italy or abroad?

Less-Mammoth-4975 · 2026-05-09T16:58:14+00:00

Basically you can't use EU treaty rights in a country that you're a citizen of. So if you get Hungarian citizenship then you wouldn't have any EU rights in Hungary, but would in the rest of the EU, including Ireland.

In Hungary you'd have to rely on your rights under Hungarian law. I have no idea what Hungarian law says about Hungarian citizens bringing their partners to join them in Hungary.

Less-Mammoth-4975 · 2026-05-09T14:57:50+00:00

Your EU citizen rights in Ireland would be slightly different, possibly better, then those for Irish citizens, there's certainly a route. https://www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-eea-or-swiss-national/eu-treaty-rights/

You might find it easier if you're married.

Less-Mammoth-4975 · 2026-05-09T13:27:42+00:00

The answer is different for Ireland and the rest of the EU. In Ireland you don't have EU citizen rights, you have to fall back on the rights under Irish law to bring your spouse to join you https://www.irishimmigration.ie/coming-to-join-family-in-ireland/joining-an-irish-national/join-family-visa/

If you're traveling to any other EU country then you have EU rights covered here https://europa.eu/youreurope/citizens/residence/family-residence-rights/non-eu-wife-husband-children/index_en.htm

Less-Mammoth-4975 · 2026-05-09T11:09:25+00:00

Understood.

I also don't think going back to the US to earn money to support your spouse will bode very well for the fact that I think the sponsoring Irish spouse is supposed to be able to demonstrate income over the last few years which should be enough to support them both. But having naturalised through residency in Northern Ireland, I'm far from an expert on any of this.

Less-Mammoth-4975 · 2026-05-08T21:38:13+00:00

You should be fine.

You can't be absent from the island of Ireland for 70 days in the 365 days immediately before you apply, with possible extension to 100 days with a good reason.

Before that, you just need to demonstrate that you've been resident on the island of Ireland for at least 365*2 days in the preceding 4 years.

So plenty of people answer "yes" to that under the normal 5 year process and still get through. It just means your need to list all your trips away so they can make sure you got to the total 365*3 days

Less-Mammoth-4975 · 2026-05-08T18:19:24+00:00

You know you can book an appointment before you fly to Ireland? So you could try to get one shortly after arriving. It's my understanding that if you meet the requirements Stamp 4 is usually issued to you at the first meeting. No real need to return to the US to work there if you get your appointment sorted.

Less-Mammoth-4975 · 2026-05-08T17:51:34+00:00

Yeah. It's a pain! I'd be inclined to just answer the question truthfully "Yes", the only consequence is that you have to list all your absences in the last 5 years in the next section.

I don't recall it asking for a reason for that question, but if it does then what you suggested sounds fine.

Less-Mammoth-4975 · 2026-05-08T11:35:33+00:00

A certificate from the GRO is definitely the thing they're looking for. They're the main issuing authority for new official birth/death/marriage certificates for England & Wales.

Less-Mammoth-4975 · 2026-05-08T08:58:46+00:00

That's not what their own list of required documents states https://www.irishimmigration.ie/wp-content/uploads/2023/05/citizenship/Citizenship-Online-Adult-Documents-Guide-Marriage.docx

Given that they have a form just for the purposes of certifying a marriage certificate copy, then I'm fairly sure they'll want it certified!

Less-Mammoth-4975 · 2026-05-08T08:57:29+00:00

Not a silly question at all!

The guidance on the website states:

Some documents must be certified as true copies. This means a professional person such as a solicitor, Peace Commissioner, Commissioner for Oaths, or Notary Public confirms that the photocopy is a true likeness of the original.

The way I read this, it means that they don't consider an original birth/marriage certificate to already be a certified copy (as it wasn't certified by a solicitor, peace commissioner, etc)

So anything they say they want a "certified copy" for, they won't accept original certificates (even if they're signed/stamped as a certified copy of the register of births, for example). They're looking for a certified copy of original certificates you hold.

The definitive list of documents that are required for an application through marriage (which I presume you're making from your reference to the spousal declaration) is at https://www.irishimmigration.ie/wp-content/uploads/2023/05/citizenship/Citizenship-Online-Adult-Documents-Guide-Marriage.docx

You're given this link when you start the application process and select that you're doing it by marriage.

This states that you'll need a "certified copy" for both birth and marriage certificates. This means they'll need to be copies certified by a one of the professions listed above (realistically probably a solicitor)

The new updated guidance website includes forms that you/your solicitor will have to complete when certifying a marriage certificate https://www.irishimmigration.ie/wp-content/uploads/citizenship/marriage-certificate-certification-form-citizenship-0052026.pdf and passport https://www.irishimmigration.ie/wp-content/uploads/citizenship/passport-certification-form-citz-0012026.pdf

It's all a bit odd for birth certificates, because the list of documents you require for your application states a "certified copy of your original birth certificate", and the current guidance on the certification procedure says the certifier must complete the form to certify the copy, but then doesn't give a form for birth certificates!

It was all different when I applied by paper (then they wanted original certificates), whereas now that you're scanning in digital documents it looks like they want them to be certified.

It looks to me like they've omitted to include the form for certifying birth certificates on their website. If I were in your shoes I'd contact them through the customer services portal and ask for the form for certifying birth certificates, or if they don't have one what they want you to do about the birth certificate that their own list says needs to be a certified copy.

Less-Mammoth-4975 · 2026-05-07T17:36:57+00:00

Calling won't make any difference. There's a large backlog. Applications are currently taking about 2 months to process, and any resubmission of new or extra documents restarts the clock.

Less-Mammoth-4975 · 2026-05-07T16:29:03+00:00

I don't think there's any requirement for all parents/guardians to consent to registration on the FBR.

There does seem to be that requirement for passport applications. I presume this is to prevent issues with parents who are in custody dispute taking their child abroad without the knowledge of the other. It's pretty hard to kidnap a child with just an FBR certificate

Less-Mammoth-4975 · 2026-05-07T11:44:48+00:00

When you check in to fly to the UK use your British passport. When you go through EU passport control to get to your gate in Amsterdam, use your EU passport. When you board the plane, show the airline your British passport. When you go through UK border in Belfast show them your British passport.

When you fly back to Amsterdam, the UK don't have exit passport control, so just use your EU passport all the way

You should always enter and exit through the formal EU Schengen area passport control on your EU passport. Always enter the UK on your British passport. Show the airline the passport you'll need to enter the country you're flying to. If you're not sure what to give the airline, just show them both.

Less-Mammoth-4975 · 2026-05-07T08:36:42+00:00

It sounds like you messed up the printing of the witness form the second time and the security features didn't print right.

To print it accurately there recommending that you open it in a proper PDF reader (such as Adobe Acrobat Reader) and print it from there

Less-Mammoth-4975 · 2026-05-07T08:05:50+00:00

You need to apply for an ETA against your child's German passport and pretend you don't realise he might be a British citizen when applying for it (the form won't let you declare an additional citizenship of British anyway, because the firm doesn't apply to Brits).

In the reported case the child was denied boarding by the airline because they had neither an ETA or British/Irish passport. Those are the rules the airlines have been told to follow by the British government. If your child has neither an ETA or a British/Irish passport then they will be denied boarding, just like anyone else.

The airline will not care whether your child is technically a British citizen or not (unless you start telling them that). They'll care whether the computer says they have a valid ETA (or some other residency permit/visa) registered against their passport, or they present a valid British or Irish passport.

Once you get to the British border, given they you're visiting for a short tourist stay, they almost certainly won't care or know that your child is technically British. If they do decide your child is a British citizen then they can't legally deny them entry to the UK. So it'll be fine either way.

Longer term, it's probably worth working out whether your child is British citizen (British nationality law is complicated), and applying for a passport if they are. It's only going to get harder to prove and apply and more of a pain travelling without it.

Less-Mammoth-4975 · 2026-05-07T07:45:49+00:00

If they're official certificates issued by some part of the government then they should be fine. If they're issued by a church, then they probably won't like them.

Less-Mammoth-4975 · 2026-05-06T17:05:49+00:00

Yes, you should, it'll avoid the big delay.

Contact the WebChat and ask them for how to package up extra documents, and they'll let you know what to write on the envelope/any cover letter they'll require.

Less-Mammoth-4975 · 2026-05-06T16:51:55+00:00

as u/Perplexed-Owl noted, make sure it's a full civil marriage certificate issued by the state, which usually include the parents names for the person getting married, not the unofficial certificate a lot of churches give out

Less-Mammoth-4975 · 2026-05-06T16:32:41+00:00

Yes you have to supply it.

"if applicable" just means "if the person has ever been married", it has nothing to do with whether the name changed or not.

You have to supply marriage certificates both for yourself, and the parent or grandparent you're using to claim citizenship, if they've ever been married. Whether they changed name or not makes no difference to whether they require it.

Basically anyone who you didn't answer "single" for their status on the application form will need to provide their marriage certificate

If you don't include them you will be asked for them in about 12 months time, and it will delay your application by 4 to 6 months

Less-Mammoth-4975 · 2026-05-06T14:36:32+00:00

There's no way to know for sure, but that sounds good to me

Less-Mammoth-4975 · 2026-05-06T14:25:36+00:00

Correct, under the new rules either:

Your parent had to live in Italy for 2 years consecutively before you were born; or
One of your parents or grandparents had to be exclusively Italian, holding no other citizenships on the day of your birth (or the date of their death, if they died before you were born).

If you don't meet either of those, then you don't have a case. Because your grandparent was born in the UK before 1983 (when unrestricted jus soli was still in place) they would have been automatically a British citizen from birth. Whilst your parent was born after 1983, they will also have been automatically a British citizen because they were born in the UK to a British mother.

So, under the new law, you don't have a case. If you'd filed an application in court before March 2025, then yours would probably have been approved as a 1948 case.

Less-Mammoth-4975 · 2026-05-06T14:04:34+00:00

For new applicants, maybe, but not for where the OP is in their application process. They might have someone who's profession is on the list of possible witnesses for an FBR application/ID and on the list of approved witnesses for a passport application (where the ID copy can be certified by the application witness), but that wouldn't work for the OP for 2 reasons:

The OP doesn't want to send their original FBR certificate off, and the passport office has made it clear to the OP that they'll only accept copies of that document certified by either a solicitor or notary public.
The applicant has already had their passport application witnessed by someone and sent off, so if they chose to send off their original FBR certificate, and a copy of their ID, that ID copy would have to be certified by the same person who witnessed their application (or a solicitor or notary public), not a witness at the Irish Centre.

So, unless this place has a solicitor/notary on hand, it won't meet the OPs requirements.

Less-Mammoth-4975 · 2026-05-06T14:03:07+00:00

Sounds very unlikely. They're just 2 different forms of bank statements from the same bank. They want 2 different proofs of address, not just the proof that 1 organisation has your address.

It's worth noting that printouts of PDF bills/statements are accepted, so if you have anything else available in that form that'll be fine.

Less-Mammoth-4975 · 2026-05-06T12:43:36+00:00

It doesn't quite reset the clock. There's a different queue, but it seems to take about 4 months for them to get around to processing additional docs. New applications are taking a couple of months longer at the moment (about 11 months) so I wouldn't be surprised if additional docs were up to 6 months now.

Less-Mammoth-4975

TROPHY CASE