Non-EU to marry Irish citizen residing in UK: Work visa

[dscott15]

I've been having a bit of trouble locating information in regard to the exact situation described below:

I will be moving to the UK soon to marry my Irish fiancee who has been employed in the UK for 2 years but not lived or worked in Ireland for 10 years. I will be needing to work as soon as possible. What are my options, if there are any, and if so, how long should I reasonably expect to wait?

Also, if we then move to Ireland within a few months, is there then another process and waiting period? And in either case, does it matter where we get married?

[JAJ]

Do you want to become a British citizen as soon as is possible?

And what's your current nationality?

[Pasha]

Under EU Law, to enter the UK you can apply for an EEA Family Permit which will state your right to reside and work for 6 months with your EEA Fiance. Prior to expiry of your EEA Family Permit, you can apply for your residence card whilst in the UK using the EEA 2 form once you and your fiance are married.

You will be able to work immediately as the spouse of an EU Citizen. The Home Office will issue you a certificate of application confirming this right within approx 2 weeks once your application has been submitted. Your right to live and work in the UK are automatic and are granted under EU Law as opposed to national law providing that your EEA spouse is exercising a treaty right in the UK. EEA 2 applications should be processed within 6 months. However, if you and your spouse apply together, this could reduce your waiting time considerably.

[JAJ]

Under EU Law, to enter the UK you can apply for an EEA Family Permit which will state your right to reside and work for 6 months with your EEA Fiance. Prior to expiry of your EEA Family Permit, you can apply for your residence card whilst in the UK using the EEA 2 form once you and your fiance are married.

Not a smart idea to use this route if he wants to become a British citizen sooner rather than later.

The alternative of using the U.K. Immigration Rules should not be so easily dismissed.

[dscott15]

Thank you all for the info. To answer your questions:

I am a U.S. citizen and do not intend to become a U.K citizen. As my fiancee is Irish, but currently working in Belfast, and that we do not plan to live in the U.S., I would be more interested in becoming an Irish citizen when we move back to Ireland within the next 6-12 months. That's where we intend to start a family.

Again, so I can be sure I'm clear, I am looking to move to Belfast/marry in the next 2-3 months and need to work as soon as possible. Does the order in which that occurs matter and does the country where the ceremony takes place matter? We are planning to move back to Ireland within the year, maybe less. Will I need to go through an additional process/waiting period to work there when that happens?

Thanks again...I look forward to reading your replies.

[JAJ]

Thank you all for the info. To answer your questions:

I am a U.S. citizen and do not intend to become a U.K citizen. As my fiancee is Irish, but currently working in Belfast, and that we do not plan to live in the U.S., I would be more interested in becoming an Irish citizen when we move back to Ireland within the next 6-12 months. That's where we intend to start a family.

Are you fully aware of the difficulties in the Irish immigration and naturalisation system? You might want to consider staying in Belfast long enough to get your British citizenship, and move to the Republic of Ireland using your British passport.

Dual British/American citizenship is allowed.

Again, so I can be sure I'm clear, I am looking to move to Belfast/marry in the next 2-3 months and need to work as soon as possible. Does the order in which that occurs matter and does the country where the ceremony takes place matter? We are planning to move back to Ireland within the year, maybe less. Will I need to go through an additional process/waiting period to work there when that happens?

For the U.K. (including Northern Ireland) you need permission to marry, as a non-citizen, unless you fall into one of the categories of those exempted from the rule. (EEA/Swiss citizens, British permanent residents etc).
http://www.bia.homeoffice.gov.uk/visiti ... ngmarried/

[Christophe]

I am a U.S. citizen and do not intend to become a U.K citizen. As my fiancee is Irish, but currently working in Belfast, and that we do not plan to live in the U.S., I would be more interested in becoming an Irish citizen when we move back to Ireland within the next 6-12 months. That's where we intend to start a family.

Again, so I can be sure I'm clear, I am looking to move to Belfast/marry in the next 2-3 months and need to work as soon as possible. Does the order in which that occurs matter and does the country where the ceremony takes place matter? We are planning to move back to Ireland within the year, maybe less. Will I need to go through an additional process/waiting period to work there when that happens?

Thanks again...I look forward to reading your replies.

Hmm... you might find it easier to negotiate the UK naturalisation and immigration processes than the Irish ones. ("Might" – "would" is probably more accurate as things stand now, anyway. The Irish immigration process seems to be particularly chaotic. The Irish naturalisation process is just slow, I think.)

If you were to become a British citizen, you could retain your US citizenship. There would be nothing to stop you becoming an Irish citizenship later, in which case you could retain both your US and Irish citizenship.

[JAJ]

[
Hmm... you might find it easier to negotiate the UK naturalisation and immigration processes than the Irish ones. ("Might" – "would" is probably more accurate as things stand now, anyway. The Irish immigration process seems to be particularly chaotic. The Irish naturalisation process is just slow, I think.)

If you were to become a British citizen, you could retain your US citizenship. There would be nothing to stop you becoming an Irish citizenship later, in which case you could retain both your US and Irish citizenship.

And if they decide to settle in Belfast there is an additional "bonus". The spouse of an Irish citizen can apply for Irish naturalisation after 3 years legal residence (subject to certain exclusions) in Ireland or Northern Ireland, provided the marriage has lasted at least 3 years and the Irish spouse has held citizenship in that period of time.

So if they choose Northern Ireland and go the U.K. Immigration Rules route, the optimal timescale might be something like:

Mid 2008 : Move to U.K. with fiancee visa, get married, and switch status to spouse visa

Mid 2010 : Obtain Indefinite Leave to Remain

2011 : The Irish spouse becomes a naturalised British.

Late 2011/early 2012 : Apply for British citizenship (residence period is cut for spouses of British citizens)

After that it's possible to move to Ireland, without needing visa, using British passport.

Mid 2011 : After 3 years marriage + legal residence in Northern Ireland, apply for Irish citizenship by naturalisation. Whether living in Northern Ireland or the Republic of Ireland at that point is irrelevant.

2014 or so : The Irish will decide the naturalisation application.