As you know, Irish citizens are allowed to live in the UK; and British citizens can live in the Republic of Ireland; under a long standing agreement before the the UK and RoI joined the EU. To bring non-Irish/non-British dependents with them, they use UK immigration law/RoI immigration law for a visa. Your adult daughter will not get the UK ADR visa. Only single fiqures of that visa seem to be given each year anyway as the requirements are very strict. A refusal meaning they will struggle to ever visit the UK as they have stated their intention to live in the UK and a visitor visa means they have to show ties to their own country which means they must return home.
Before Brexit, Irish citizens could bring non-Irish citizens to the UK under the EU's Free Movement. Although some dependents got caught out when they went for the EU's PR in the UK because their Irish Citizen Family Member had not followed EU laws for the 5 years. You know what these are.
As an EU citizen, you could try to get your adult daughter permission to live with you in an EEA country as an Extended Family Member. Have you thought about Germany? They seem to have the best healthcare system. The NHS is finished.
[Yes, we are looking at other EU countries.]
I
know she has no chance of an ADR on the UK rules. She has almost no chance of using that in the ROI, either. The best I'm seeing for Ireland is a "D" long-stay visa, and there's no telling how long would be allowed as, apparently, you have to apply for it once you get in-country. Not ideal. The "D" visa is a one-time shot and can't be renewed, if I have it right. So it would only be for an emergency situation, and the time spent on it would not apply to the 5 years required for naturalization. If we could get her a "Stamp 4" she could work or go back to school. After 5 years in-country she could apply for naturalization.
But for the UK - In one set of HMRC docs it talks about the EUSS late applicant traveling to the UK
with the sponsoring party. HMRC guidance docs do seem to say she could have applied under EUSS as a late applicant (
only for use in joining family cases) if she could provide a justifiable reason for the delay in applying that they accepted. They also seem to state that the 2021 and 2023 deadlines do not apply. Strictly speaking, the regs say I would have had to have lived there prior to 2020 31 December. Which I did. They also state that I need not have applied for EUSS as I would already be considered "settled". But that
she should apply under EUSS. That's the point I'm trying to sort out.
I am ~assuming~ that for her to use the EUSS late applicant route I would have to be considered "settled" under the
EUSS regs. Even though I'm already considered "settled" under the CTA/UK regs. I'm thinking that I would have had to have stayed in the UK for two more years so that I would have had the same conditions as someone who had applied for settled status under EUSS. But that's me trying to think logically, and these regs do not always follow a straight line. (They are still a lot clearer than the ROI ones, though!)
I also suspect that if she has a lapsed/cancelled EUSS pre-settled status this late application route is probably not going to be an option anyway. But I haven't found that language yet. (I bet it's in there somewhere.)
https://www.gov.uk/government/publications/common-travel-area-guidance/common-travel-area-guidance#EUSS[What would be ideal is if the Minister of Justice's Office in Ireland actually finished the processing of her citizenship application from 2018! In 2019 we received a letter stating it should only be a few more months. So far, it's still processing. But that would solve the dilemma, or at least let us know it's not still an option.]
Yeah, I turned on the TV this morning before running out to get work done on my car. The banner on Sky news was saying "NHS England to be discontinued" or something like that and I spilled coffee down the front of my hoodie. There was nothing on the news here I could find before I left, but when I got back home I was able to hear an interview on Sky where it wasn't the actual NHS they were axing, but a board that oversees it? Shades of DOGE, what is going on over there?
