The couple married in Belfast in July 2015. Picture by Emma DeSouza

A Co Derry woman and her US-born husband at the centre of a citizenship dispute have spoken of their delight at being "one step closer" to being able to stay in the north.

Emma DeSouza, from Magherafelt, said she was "overwhelmed and relieved" after learning that a challenge by the UK Home Office has been rejected.

The Irish News revealed last year how the couple, who married in July 2015, have been battling to secure Jake DeSouza's right to live in Northern Ireland as the husband of an Irish citizen residing in the UK.

They had been told that due to his wife being born in the north, she must declare British citizenship to secure the visa.

Under the Good Friday Agreement people born in Northern Ireland can choose to be British citizens, Irish citizens or have dual citizenship and Mrs DeSouza - an Irish passport holder - challenged the decision.

Her California-born husband had surrendered his US passport as part of the visa process, meaning he was unable to visit home.

In November, the couple were told that a tribunal judge had upheld their appeal and found Mr DeSouza was "entitled to a residence card".

The judge also found that his wife was "an Irish citizen and has only ever been such".

The Home Office appealed the decision but this week the couple - who live in Belfast - received the news that it had been refused on the grounds that there is "no arguable error in law".

Mrs DeSouza said they are delighted to have another judgment in their favour.

"We are both overwhelmed and relieved by this significant development in our case and hope this might mark the end of the Home Office's apparent inability to understand the unique position of all citizens in Northern Ireland," she said.

"We're proud to call this our home and to know we are one step closer to being able to stay here."

A spokeswoman for MSM Law, which represents the couple, said: "We can confirm that permission to appeal to the upper tribunal was refused by the first-tier tribunal as the judge found no arguable error in law.

"The Home Office may or may not now apply directly to the upper tribunal for permission to appeal."

Sinn Féin senator Niall Ó Donnghaile, who has supported the couple, said the "announcement is very welcome news and I commend Emma and Jake DeSouza for their stand in having to protect what should be basic rights".

"This decision is a clear indication that the legitimacy of people born in the north to claim Irish nationality under the terms of the Good Friday Agreement is not 'merely aspirational' or 'symbolic'," he said.

"The Good Friday Agreement upholds and protects the nationality of citizens who claim Irish or Irish-British citizenship under its terms and as such I am calling on the Tánaiste and minister for foreign affairs, Simon Coveney, and the Taoiseach to take note of these findings and fulfil their responsibility in this regard and defend the needs of Irish citizens living in the north."

In a statement, a Home Office spokesperson said: "We are considering the decision in this case and our next steps.

"It would be inappropriate to comment further at this time."