gina1234 wrote: ↑Mon Dec 17, 2018 1:20 pm
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.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.