The background is:

  • I am a UK citizen and my wife is a South African citizen
  • My wife has a ban from the UK for 12 months (due to an overstayed visa, mistakes were made on our end with the dates)
  • I am currently in the process of acquiring my Irish passport (Irish grandparents)

We plan on moving to Cork (In Ireland) for a year until her re-entry ban is up and we can continue our lives in the UK. The initial idea was that my wife can travel to Cork without a visa (stamp on entry?) and then apply for a right to work through my Irish passport. Then we can both stay and work in Ireland for the foreseeable future.

Will her re-entry ban to the UK have an effect on any of this? I wouldn't have thought twice about it usually, but I read something online stating that the UK re-entry ban could have an effect on anyone traveling to Ireland (let alone someone wanting to move there)

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    Are you absolutely certain that her entry ban would be applicable to an application for a settlement visa? My understanding is that entry bans do not apply to family member visas, unless the applicant has "aggravating circumstances, such as absconding, not meeting temporary admission/reporting restrictions or bail conditions, using an assumed identity or multiple identities, switching nationality, making frivolous applications or not complying with the re-documentation process". Apologies if you have already sought legal advice over this, but if you haven't done so then you should. – MJeffryes May 14 '18 at 9:53
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    Also, this question might be a better fit for expatriates.stackexchange.com. – MJeffryes May 14 '18 at 10:06
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    You would be better situated if you were not a citizen of Ireland; then you would have a freedom-of-movement right to have your wife join you in Ireland. But this doesn't automatically apply when your right to reside in Ireland comes from being a citizen there. – Henning Makholm May 14 '18 at 11:49
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    @Michael Yes, also what Henning said. Your wife has a right, as your spouse, to accompany you or reunite with you in any EU nation (other than your own). Either by presenting evidence at the border, or through a quick visa application. Ireland does often deny visas to people denied UK visas, but they cannot do this in your case. Incidentally, what I quoted is from the Immigration Rules. They are not easy to read, but the first paragraph lays out the exemption from most refusal rules for family members. gov.uk/guidance/immigration-rules/… – MJeffryes May 14 '18 at 11:53
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    Irish citizens can move their spouses to the UK under the Immigration (EEA) Regulations 2016 even if the spouse has a ban under the Immigration Rules. However, if you are also a British citizen, this may be unavailable to you. I think the applicability of the Regulations to dual citizens has changed, though, so you may want to look into it further. In any event, the question is off topic here; it belongs on Expatriates. – phoog May 14 '18 at 15:44