British citizen looking to bring non EU partner to Ireland to get married

[gina1234]

I am a British citizen planning to move to Ireland as a worker next year and would like to bring my partner with me who is currently living in Dubai on a work permit visa but holds a Pakistani passport. I would like clarification on the following matters with regards to marriage in Ireland and EU treaty option for us:

1) What visa would be suitable for him for an entry in Ireland since we are planning to get married there?

2) If he comes to Ireland on a marriage visitor visa, how long does it take for the marriage certificate to be issued? Would he have to stay in the country until the marriage certificate is issued?

3) Upon receiving a marriage certificate how long does the process take for me to exercise EU treaty rights option for my spouse?

4) Once EU treaty rights option has been granted to him, would he be allowed citizen rights such as employment and health facilities whilst waiting for the Permanent residence permit being issued?

Would be grateful for as much information as possible.

[max307]

I am a British citizen planning to move to Ireland as a worker next year and would like to bring my partner with me who is currently living in Dubai on a work permit visa but holds a Pakistani passport. I would like clarification on the following matters with regards to marriage in Ireland and EU treaty option for us:

1) What visa would be suitable for him for an entry in Ireland since we are planning to get married there?

2) If he comes to Ireland on a marriage visitor visa, how long does it take for the marriage certificate to be issued? Would he have to stay in the country until the marriage certificate is issued?

3) Upon receiving a marriage certificate how long does the process take for me to exercise EU treaty rights option for my spouse?

4) Once EU treaty rights option has been granted to him, would he be allowed citizen rights such as employment and health facilities whilst waiting for the Permanent residence permit being issued?

Would be grateful for as much information as possible.

1) What visa would be suitable for him for an entry in Ireland since we are planning to get married there?

He will need to apply for a short stay (c) visa to come and give the State 3 months notice of intention to enter marriage. Both of you will need to attend an interview and it will be up to the registrar to decide if a marriage license is issued or not, they will assess your relationship to ensure the marriage is entered in "good faith".

2) If he comes to Ireland on a marriage visitor visa, how long does it take for the marriage certificate to be issued? Would he have to stay in the country until the marriage certificate is issued?

Your fiance will need to leave the country and if a marriage license is issued then apply for a marriage visa to Ireland - http://www.inis.gov.ie/en/INIS/Pages/Ma ... hip%20Visa

3) Upon receiving a marriage certificate how long does the process take for me to exercise EU treaty rights option for my spouse?

The best case scenario is 6 months but these days applications are going way over a year, the good news is that few weeks after the application is lodged with INIS he will be issued a temporary Stamp 4 EUFAM that will allow him to study, work and travel.

4) Once EU treaty rights option has been granted to him, would he be allowed citizen rights such as employment and health facilities whilst waiting for the Permanent residence permit being issued?

Yes, with this temporary Stamp 4 EUFAM he will be allowed to enter employment.

Now the tricky part, Brexit!

The UK will leave the EU in about 3 months, even if your EU Treaty Rights application is the fastest to be processed it won't be approved before March 2019 assuming you apply today. I assume that once an application is lodged INIS will process it even if the law changes but technically you won't be an EU citizen anymore after March 2019.

What are the rights of UK citizens and their non-EU partners in the EU (including Ireland) after Brexit? No one knows. It's not clear if UK citizens will be able to move freely within the EU after March 2019, let alone non-EU partners of UK citizens.

There is too much uncertainty around Brexit so hard to tell what the outcome will be.

[gina1234]

Thanks for the reply that's helped me clear up a few things. Brexit is a nightmare but we'll just have to risk it. Atm I live in Scotland, would it be better if we got married in Scotland (he could come over on a marriage visitor visa) and then move over to Ireland together? I'm just thinking that would save him from having to go back to Dubai to come back again. Or do I have to be living and working in Ireland before he can come over?

[max307]

Thanks for the reply that's helped me clear up a few things. Brexit is a nightmare but we'll just have to risk it. Atm I live in Scotland, would it be better if we got married in Scotland (he could come over on a marriage visitor visa) and then move over to Ireland together? I'm just thinking that would save him from having to go back to Dubai to come back again. Or do I have to be living and working in Ireland before he can come over?

Definitely easier if you apply for EU Treaty Rights in Ireland after you are legally married. If you get married in Scotland on a visitor visa he will need to go back to Dubai and you will need to move to Ireland, get a job and then apply for EU Treaty Rights for him.

He won't be able to move to Ireland with you because he will be on a visitor visa, you will need to apply for a residence permit in the UK first in order to be able to bring him with you to Ireland.

My recommendation is to get this rolling as soon as possible, with Brexit fast approaching and the possibility of a no deal in the air certainly a risky move for UK citizens and their non-EU spouses in the EU.