American Girlfriend - help please!

[Eambo]

Hi everyone! I'm really hoping someone can help me with this query.

My girlfriend and I are planning to get married after summer, all going well of course. However I'm having a lot of issues with the UK - mainly that I'm 19 (I'll then be twenty) and you need to be 21 to apply for a spousal visa.

I know a fair bit about how the UK works, but as far as Ireland goes I'm lost. I live in Northern Ireland so I'm dual nationality, with an Irish Passport.

My questions are as follows (And I'm really sorry if they've been answered but I need straight english, whereas a lot of the government websites like using 'big words' to sound more official)

1) We intend to wed in America. Will that be honoured here?
2) As a Northern Irish citizen do all the laws still apply to me?
3) The UK limit for my girlfriend to stay here is six months. How does this work with Irish law?
4) What are the prerequisites for getting my girlfriend allowed to stay here (and possibly work here) when we are married
5) Is there any sort of 'planning allowance' in which my girlfriend can stay here for us to organise our wedding beforehand?
6) I know a lot of the Irish stuff is done by the Garda/in Dublin - what can us Northern Irish Citizens do? (Short of travelling to Dublin X.x)
7) Anything you think I may have missed I should know?

Sorry for the barrage of questions, but I want to cover every angle and get as much help with this as I can. Thank you for any help!

[zafarzafar]

You need to be 21 to get married in UK but in ireland you need to be 21.
if u get marries in ireland or in America, this marriage cert would be honored every where, again if your gf wana stay in ireland as a tourist it would be 90 days only and if she engage herself in study than it could be longer as 1 year.

[zafarzafar]

sorry in ireland u need to be 18 to get married not 21

[dublin3]

You need to be 21 to get married in UK but in ireland you need to be 21.

I think your statement is not true you can get married in UK if you are 18 just you can not apply for a spouse of UK citizen visa if you are under 21.

[Eambo]

You need to be 21 to get married in UK but in ireland you need to be 21.

I think your statement is not true you can get married in UK if you are 18 just you can not apply for a spouse of UK citizen visa if you are under 21.

This is correct.

So to confirm my girlfriend can only stay here for 90 days (6 months using UK Law) (she's 24 so I don't think she wants to start studying at the minute) but we can apply for an Irish spousal permit?

If anyone else can help with my other questions I would be very grateful!

[IrishTom]

If anyone else can help with my other questions I would be very grateful!

Send a letter to the MoJ and have a chin wag with yer TD(s).

[Irishtomhasmiserablelife]

if you have problems with these people getting citizenship go and take a trip to dermot ahern's office to complain, he is the man who says yes or no

[Ben]

Hi Eambo,

I've broken down your points, to make it easier to reply:

However I'm having a lot of issues with the UK - mainly that I'm 19 (I'll then be twenty) and you need to be 21 to apply for a spousal visa.

Correct, if applying under the UK Immigration Rules. This rule does not apply if applying under the UK EEA regulations.

I know a fair bit about how the UK works, but as far as Ireland goes I'm lost. I live in Northern Ireland

Then the laws of Ireland are not of any concern.

I live in Northern Ireland so I'm dual nationality, with an Irish Passport.

I assume you mean that you are both a British citizen and an Irish citizen. This is useful, since it means you have the option of bringing your American wife in using either the UK Immigration rules or the UK EEA regulations.

1) We intend to wed in America. Will that be honoured here?

Yes.

2) As a Northern Irish citizen do all the laws still apply to me?

There is no such thing as a "Northern Irish citizen". There is "British citizen" and there is "Irish citizen". I suspect you are both. If so then, as mentioned, you can choose to apply under the UK Immigration Rules or under the UK EEA regulations.

3) The UK limit for my girlfriend to stay here is six months. How does this work with Irish law?

Irish law does not apply. You are not resident in Ireland.

4) What are the prerequisites for getting my girlfriend allowed to stay here (and possibly work here) when we are married

If using the UK EEA regulations (and I recommend that you do), then, once married (in the US) your wife should apply to her nearest British mission (in the US) for an EEA Family Permit. This is a type of entry clearance issued to the family member of an EEA national who is resident in UK in accordance with the provisions of Directive 2004/38/EC. Such family members are entitled to reside and work in the UK.

5) Is there any sort of 'planning allowance' in which my girlfriend can stay here for us to organise our wedding beforehand?

US citizens entering the UK as a visitor can remain for up to six months.

6) I know a lot of the Irish stuff is done by the Garda/in Dublin - what can us Northern Irish Citizens do? (Short of travelling to Dublin X.x)

Again, there is no such thing as a "Northern Irish citizen". You are not resident in Ireland and so the Gardaí are not of your concern. You are not required to make any application to Dublin or anywhere else in Ireland.

7) Anything you think I may have missed I should know?

Yes, this is what you should do. Now, I'm going to assume that you are an Irish citizen who has been resident in the UK for at least five years, during this time you have been either employed, self-employed, a student, or economically self-sufficient.

1. You should apply immediately for a Permanent Residence Certificate. Use form EEA3. The address is on the form. It is free and it takes six months to process.

2. With your Permanent Residence Certificate in hand, go to the US and marry your fiancée.

3. Once married, your wife should apply to the nearest British mission for an EEA Family Permit. She is the family member of an Irish citizen who has acquired the right of Permanent Residence in the UK. Your Irish passport + your Permanent Residence Certificate should be submitted, together with your wife's passport and your marriage certificate. It is free and must be issued as soon as possible (few days).

4. Following issuance of your wife's EEA Family Permit, she has six months to enter the UK, either in your company or joining you there.

5. Once in the UK, your wife should submit an application for a "Residence Card of a family member of a Union citizen", using form EEA2. As with the EEA Family Permit application, make crystal clear that she is applying as the family member of an Irish citizen who has acquired the right of Permanent Residence in the UK. The address is on the form. It is free and it takes six months to process.

Let me know if you have any further questions. PS, this should really be in the UK - EEA-route Applications section.

[Eambo]

Ben, thanks very much for your advice.

I was mistaken, I assumed we were covered under Irish Law, I see now it is EEA.

I guess that's the route I want to take. To confirm I was born, and have lived in, Northern Ireland my whole life.

My plans are that my girlfriend and I get wed in America simply because she has more family and it's easier to get my family there than them here. I intend to return home (not live in America).

So, under EEA law it's possible for my future wife to live with me before I'm 21, is this correct?

As for a certificate of permanent residence, would my birth certificate do? I don't actually have a certificate =-P

[Ben]

So, under EEA law it's possible for my future wife to live with me before I'm 21, is this correct?

That is correct.

As for a certificate of permanent residence, would my birth certificate do? I don't actually have a certificate =-P

No. A Permanent Residence Certificate is something very specific which is issued, upon application, by the UKBA to an EEA national who has been resident in the UK for at least five years in accordance with the provisions of the Directive.

In short, it's something that you're entitled to and it will help simplify your future wife's future applications.

When are you planning to get married Éamonn (or have I guessed wrong)? Also, are you working currently or studying, or what are you doing?

[Eambo]

So, under EEA law it's possible for my future wife to live with me before I'm 21, is this correct?

That is correct.

As for a certificate of permanent residence, would my birth certificate do? I don't actually have a certificate =-P

No. A Permanent Residence Certificate is something very specific which is issued, upon application, by the UKBA to an EEA national who has been resident in the UK for at least five years in accordance with the provisions of the Directive.

In short, it's something that you're entitled to and it will help simplify your future wife's future applications.

When are you planning to get married Éamonn (or have I guessed wrong)? Also, are you working currently or studying, or what are you doing?

Eámonn, close enough

I'm planning on sometime next year, possibly summer (we've yet to decide). I'm currently a student studying Software Engineering and also doing a placement (so I'm studying AND working )

So essentially I apply for this certificate and that'll simplify things? Good

Sorry for sounding so silly it's just I spent a long time researching the UK way and had given up, I've only just found out about this EEA thing!

Edit: Also under EEA is there any sort of Fiancée permit/visa?

[Ben]

Eámonn, close enough

Apologies. I've never seen it spelt like that, with the fada over the "a" instead of the "E". You learn something new every day!

So essentially I apply for this certificate and that'll simplify things? Good

It will, because once you have the document certifying permanent residence from the UKBA, it means that this certificate, together with your Irish passport, your wife's passport and your marriage certificate will be all that will be required to be shown to the British embassy in the US when applying for the EEA Family Permit and equally for when subsequently applying for the Residence Card using form EEA2, within three months of your wife's entry to the UK.

Sorry for sounding so silly it's just I spent a long time researching the UK way and had given up, I've only just found out about this EEA thing!

Not at all. Hey - the UKBA often find the EEA regulations mind-boggling, so what chance does Joe Public have?

Edit: Also under EEA is there any sort of Fiancée permit/visa?

There is a fiancée visa under the UK Immigration Rules, and you are eligible for that route. However, it is only required if you intend to marry in the UK.

[Ben]

1. You should apply immediately for a Permanent Residence Certificate. Use form EEA3. The address is on the form. It is free and it takes six months to process.

This can now be done online.

Incidentally, I was wrong when I said it takes six months to process. Permanent Residence Certificates are to be issued as soon as possible, following application.