Irish Citizen - UK Spouse Visa for Wife?

[Claycastle]

Greetings,

i wonder if anyone would be able to kindly advise me about the below.

I am an Irish citizen planning to move to the UK next August. My wife also plans to the UK and she is from South Korea and also our daughter who is also an Irish citizen. Of course it would have been better for us to go through the EU Settlement Scheme but our timeline/Covid meant that was not possible.

Firstly, would I be right in saying, we cannot apply for my wife’s UK spouse visa until I have established residency in the UK?

Now, we seem to tick the boxes required for her to be able to get this visa, as we have been married for 12 years and we meet the savings requirement of 62,500 pounds. My wife is also a fluent English speaker.

Should I expect any problems due to being an Irish citizen instead of a British citizen when applying for this visa?

Thanks.

[manci]

From https://www.gov.uk/government/publicati ... a-guidance

If you have family members who are not Irish or British citizens, they’re not covered by CTA arrangements. You can bring family members to the UK on a family visa in the same way as a British citizen, or they may be eligible to apply for the EU Settlement Scheme.

Firstly, would I be right in saying, we cannot apply for my wife’s UK spouse visa until I have established residency in the UK?

No, she should apply for the spouse visa from Ireland (see above). The guidance for how to apply is here. https://www.gov.uk/uk-family-visa/partner-spouse

She may be a fluent English speaker but as part of the visa application she would need to prove her knowledge of English by either an appropriate academic qualification or by passing an English test.

[Claycastle]

From https://www.gov.uk/government/publicati ... a-guidance

If you have family members who are not Irish or British citizens, they’re not covered by CTA arrangements. You can bring family members to the UK on a family visa in the same way as a British citizen, or they may be eligible to apply for the EU Settlement Scheme.

Firstly, would I be right in saying, we cannot apply for my wife’s UK spouse visa until I have established residency in the UK?

No, she should apply for the spouse visa from Ireland (see above). The guidance for how to apply is here. https://www.gov.uk/uk-family-visa/partner-spouse

She may be a fluent English speaker but as part of the visa application she would need to prove her knowledge of English by either an appropriate academic qualification or by passing an English test.

Thank you for your reply Manci.

Currently we live overseas (outside of Ireland) but we can still apply without me first establishing residency in the UK?

Unfortunately the time has passed for the EU Settlement Scheme so that is a no goer.

I understand she will have to prove her Engish proficiency through a test.

My main concerns/queries really, are as follows:

1. I know that the CTA doesn't cover the UK spouse visa, however I would just like to clarify that my wife can apply for this visa, with me her husband an Irish citizen and not face any disadvantage, as I am not a British citizen.

2. We can apply for her UK spouse visa without me first moving there and establishing UK residency?

[manci]

Currently we live overseas (outside of Ireland) but we can still apply without me first establishing residency in the UK?

yes, your wife doesn't have to be living in Ireland to apply for the spouse visa.

1. I know that the CTA doesn't cover the UK spouse visa, however I would just like to clarify that my wife can apply for this visa, with me her husband an Irish citizen and not face any disadvantage, as I am not a British citizen.

that is correct

2. We can apply for her UK spouse visa without me first moving there and establishing UK residency?

yes, that is correct