Ireland to UK query...

[tokyomonkey]

First of all, sorry if there's an answer to this particular question elsewhere. I'm a UK citizen, living in Ireland with my wife, who's South Korean (we were married in February this year). 2 months ago, the Irish immigration Dept granted her EU treaty rights, so she's now able to live and work here for 5 years. We're planning on moving to Edinburgh soon, but need to know if she can apply for UK residence after we've moved there, rather than making the application from Dublin, as it would be far easier for us to move over, rent a house and for me to get a job, rather than have to do everything first then apply for a spouse visa.
Any help on this matter would be most appreciated.

[fysicus]

can I recommend my posting here for relevant links:
http://www.immigrationboards.com/viewtopic.php?t=28608

Your status allows your wife to visit the UK for three months without any further formalities. Once settled in the UK, apply for a Residence Card using form EEA2. Because you exercised Treaty Rights in Ireland, you can claim the generous EU treatment also when returning to the UK, as long as you don't become dependent on public funds.
Furthermore, the UK and ROI form a so called Common Travel Area so border checks are minimal (you can probably avoid them at all by driving to Northern Ireland first and take a ferry from there).

[Ben]

Surinder Singh conditions apply.

Your wife doesn't need a visa (or EEA Family Permit), so long as you travel together, with your marriage cert and her Stamp 4EUFam card from the GNIB in Ireland.

Once in the UK and before three months have elapsed, your wife should apply using form EEA2.

[Pasha]

Do you also hold Irish Citizenship as well, by birth or decent?

Making an application in the UK based on your Irish/ EEA citizenship, your wife can apply under EU laws via the EEA 2 form for her residence card.

Making an application in the Uk based on your British citizenship, your wife will need to apply under National Law.

[Ben]

Do you also hold Irish Citizenship as well, by birth or decent?

Making an application in the UK based on your Irish/ EEA citizenship, your wife can apply under EU laws via the EEA 2 form for her residence card.

Making an application in the Uk based on your British citizenship, your wife will need to apply under National Law.

Wrong. British citizens are treated as other EEA citizens (should they wish to be treated as such), for the purposes of the provisions of Directive 2004/38/EC, when returning to the UK with their non-EEA family members, after having exercised EU treaty rights in another Member State (with same family members).

[JAJ]

Wrong. British citizens are treated as other EEA citizens (should they wish to be treated as such), for the purposes of the provisions of Directive 2004/38/EC, when returning to the UK with their non-EEA family members, after having exercised EU treaty rights in another Member State (with same family members).

It may be more advantageous to apply under the U.K. Immigration Rules rather than the EEA rules, especially if there is a plan to apply for British citizenship.

[fysicus]

sorry, but I looked on http://www.bia.homeoffice.gov.uk/britis ... uirements/ and http://www.bia.homeoffice.gov.uk/britis ... ofcitizen/, and cannot see any disadvantages for applying under EEA rules. And such applications are free of charge

[tokyomonkey]

Wow, thanks so much for all the replies. I think we'll go for the EEA2 option, as it will be less of a drain on our finances upfront. (we'll have about €6000 when we're ready to move). As some of you probably already know, the fee for a spouse Visa (applying from UK Embassy Dublin) is approx €800, then there's the hassle of me going over to Edinburgh first to find work and accomodation before we apply.
To the person who asked, no, I don't have Irish citizenship.
Once again, cheers for everything.

[JAJ]

sorry, but I looked on http://www.bia.homeoffice.gov.uk/britis ... uirements/ and http://www.bia.homeoffice.gov.uk/britis ... ofcitizen/, and cannot see any disadvantages for applying under EEA rules. And such applications are free of charge

The disadvantage under the EEA rules is that you don't get Permanent Residence until after 5 years.

No Permanent Residence, no naturalisation.