Northern Ireland question

[KSVJ 216]

Hey Everyone,

Still completing the I-129F, but thinking ahead a little. My beneficiary was born and lives in Northern Ireland - I know that he has to go to his interview in London. My question: is it going to be an issue that he has an Irish passport? It's all I've ever seen him use. Does he need to get a UK one? As if this whole process wasn't complicated enough 🙄

 

Thanks in advance for any guidance!

[patrick33 19]

If he uses his Irish passport for his application in Northern Ireland (United Kingdom) they'll either want to see proof of legal residence in the UK along with his Irish passport, or a UK passport. If he is applying as a UK resident and citizen of the UK he should probably get a UK passport, would definitely be less confusing lol. I am not sure if he could use his Irish passport along with something like, a birth certificate from Northern Ireland as proof of legal residency. Perhaps someone with more knowledge on this could weigh in. 

 

Edit: I am forgetting that the UK is still part of the European Union, maybe it wouldn't matter at all?

Edited December 3, 2019 by patrick33

[KSVJ 216]

28 minutes ago, patrick33 said:

If he uses his Irish passport for his application in Northern Ireland (United Kingdom) they'll either want to see proof of legal residence in the UK along with his Irish passport, or a UK passport. If he is applying as a UK resident and citizen of the UK he should probably get a UK passport, would definitely be less confusing lol. I am not sure if he could use his Irish passport along with something like, a birth certificate from Northern Ireland as proof of legal residency. Perhaps someone with more knowledge on this could weigh in. 

 

Edit: I am forgetting that the UK is still part of the European Union, maybe it wouldn't matter at all?

I was wondering the same. My thought was, can the London embassy put visa info into an Irish passport when (if) the visa is approved? Or can they only touch a UK passport? I'm trying to stress him out as little as possible since he already has to get the medical and interview in London haha!

[patrick33 19]

5 minutes ago, KSVJ said:

I was wondering the same. My thought was, can the London embassy put visa info into an Irish passport when (if) the visa is approved? Or can they only touch a UK passport? I'm trying to stress him out as little as possible since he already has to get the medical and interview in London haha!

Here's what I think, and someone can correct me if I'm wrong because I may well be. If he is a UK citizen and UK resident applying within the UK, he should be using a UK passport with his application. If he is an Irish citizen and UK resident, he can certainly use his Irish passport, and the London embassy can definitely put the visa in a non UK passport in that case. 

 

Edit: So basically, if he lives in Northern Ireland and is a dual UK/Irish citizen, I think he should be using a UK passport with his application.

Edited December 3, 2019 by patrick33

[Wuozopo 4,285]

2 hours ago, KSVJ said:

I was wondering the same. My thought was, can the London embassy put visa info into an Irish passport when (if) the visa is approved? Or can they only touch a UK passport? I'm trying to stress him out as little as possible since he already has to get the medical and interview in London haha!

It is the AMERICAN embassy staffed by Americans. They put US visas in foreign passports all day long.

 

3 hours ago, patrick33 said:

If he uses his Irish passport for his application in Northern Ireland (United Kingdom) they'll either want to see proof of legal residence in the UK along with his Irish passport, or a UK passport. 

No they won't. The British government might care about his being legal in the U.K., but the Americans aren't really bothered. He just has to meet the requirements for a US visa. I know of several whose UK student visas had expired yet they remained overstayed in the UK to finish their US visa interview. The Americans did not try to check their legal residency or deport them from the UK. Not their jurisdiction. They issued the visas.

 

OP-

He can use his Irish passport. Just like people from India residing in London use their Indian passports. And Australians, Nigerians, etc.

Edited December 3, 2019 by Wuozopo

[patrick33 19]

2 minutes ago, Wuozopo said:

It is the AMERICAN embassy staffed by Americans. They put US visas in foreign passports all day long.

 

No they won't. The British government might care about his being legal in the U.K., but the Americans aren't really bothered. He just has to meet the requirements for a US visa. I know of several whose UK student visas had expired yet they remained overstayed in the UK to finish their US visa interview. The Americans did not try to check their legal residency or deport them from the UK. Not their jurisdiction.

 

OP-

He can use his Irish passport. Just like people from India residing in London use their Indian passports. And Australians, Nigerians, etc.

Okay, I thought they'd always check legal residency status in the country they're applying in if they are not a citizen of that country. Would it make a difference if a person had legal residency in the past and it expired, versus if they're a tourist in that country and decide to use that countries embassy to process their application?

 

I guess, what if someone from India has a relative in London. They use that persons home address on their application for their US visa, then when the interview time comes around they fly out there for the interview. If you don't need legal residency in that country whats to stop someone from doing that?