Ireland - flag Ireland - Family & Partner - Death of EU Spouse

The death of a spouse with EU Nationality brings particular immigration issues. Without a valid visa, the surviving spouse would be required to leave the country. However, following recent EU Judicial rulings, it is possible for the spouse to remain in Ireland AFTER the death of their partner.

This ruling is based largely on the principle that it is considered unfair and prejudicial for the surviving non-EU partner to be forced to leave the country simply because of their partner's death.

There are some conditions, though:

  • the marriage must have lasted for at least 3 years; AND
  • You must have spent at least 1 of those 3 years in Ireland.

If you have had children under the age of 18, the principle remains the same. In such a case, the nationality of the child would be a factor and whether it has residency rights in Ireland.

Because this solution is based on the outcome of a judicial case from the EU Courts, it is not entirely straightforward. The engagement of an Immigration partner is recommended.

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Ask Philip Gamble whether you (or your children) have a claim to British nationality.

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Learn more about these routes to British Nationality:

WhatPassport.com is a specialist UK Nationality and British Citizenship site offering an online search and assessment. Claims to hold a British Passport can be complex and the site offers a quick, simple search to give you the answers. While many people qualify for the UK Ancestry Visa based on holding a Commonwealth passport with a UK born grandmother or grandfather, we have found that if you have a grandparent born in the UK, or if your mother is British or your father is British, then there are several scenarios where you can claim British Nationality and the right to hold a British Passport. This stems from Britain’s collection of British Colonies, British Protectorates and British Protected States in the middle of last century and the Nationality rules concerning what are now the countries of the Commonwealth.

WhatPassport.com is a subsidiary of Sable International.

Sable International offers a range of services relating to UK and Australian immigration. For over 20 years, we have been helping people with their UK and Australian visa applications. We assist with applications for Ancestry visas, spouse visas, work visas, Tier 1 visas, UK working holiday visas, UK dependant visas, Tier 4 visas, UK Visitor visas, sponsorship visas or UK permanent residency or indefinite leave to remain. We also specialise in UK visa extensions. If you’ve overstayed your visa, our Overstayer Status Trace service can assist to regularise your visa status.