US spouse joining EU citizen in UK

[twista]

Hi all,

My friend is UK resident and has been for a number of years (Republic of Ireland citizen). He has recently married his US girlfriend. They plan to reside in the UK - what are the best visa options/route for his wife (are EU treaty rights still applicable?)

Thank you

[Br28016]

Easiest option is to use the eu settlement scheme if he is 100% Irish and does not have claim to British citizenship ie. born in Ireland to 100 % Irish parents and really want to do that before 31st December.

There are fair number of opportunities to have claim to British citizenship and he needs to establish that he does not have claim.

The best example of this is where he was born in northern Ireland and has claim to both British and Irish citizenship and chooses to identify as Irish only. That is currently a choice issue and he would until the 23th August be treated as british and have to do the spouse visa route or prove he had been exercising eu treaty rights. On 24th August new rules for northern Ireland born people kick in and they can use the eu settlement scheme route whilst still open.

There will be other scenarios where he could have claim to British citizenship and without his detailed history not possible to rule them all out.

[CR001]

Easiest option is to use the eu settlement scheme if he is 100% Irish and does not have claim to British citizenship ie. born in Ireland to 100 % Irish parents and really want to do that before 31st December.

There are fair number of opportunities to have claim to British citizenship and he needs to establish that he does not have claim.

The best example of this is where he was born in northern Ireland and has claim to both British and Irish citizenship and chooses to identify as Irish only. That is currently a choice issue and he would until the 23th August be treated as british and have to do the spouse visa route or prove he had been exercising eu treaty rights. On 24th August new rules for northern Ireland born people kick in and they can use the eu settlement scheme route whilst still open.

There will be other scenarios where he could have claim to British citizenship and without his detailed history not possible to rule them all out.

The op has clearly stated that the person is from Republic of Ireland and not northern Ireland!!