Non-EU and Irish marriage to stay in the UK???

[Hayden]

Hi there,

Hoping someone can help me, I have been reading forums for days and am a little confused. I am an Australian citizen in the UK on a Working Holiday Visa, engaged to an Irish (republic) citizen. We want to get married and stay in the UK together. Here are my questions:

Which European country would be best to marry in? (an immigration lawyer I called led me to believe that marriage in the UK is a long and expensive process, but I dont completely trust that advice)

Do I need to return to Australia to change my visa status? Can I apply from Ireland or somewhere else instead? (I know there is a sticky covering this and referencing new laws but the links are dead)

Under the EEA Family Permit am I permitted to work in other EEA countries, or only ones where my Irish partner is in residence? It seems like these applications need to be made individually to each country and not covered by one permit, just hoping someone can clarify that for me.

Thanks so much in advance, this forum is a godsend

-H

[yankeegirl]

Which European country would be best to marry in?

It's hard to say. Each country has it's own rules and residency requirements for marriage. To marry in the UK, you will first need to apply for a Certificate of Approval. In essence this is permission to marry in the UK. The fee is £295 and the application form can be downloaded from the UKBA website. Once you've received that, contact the registrar where you want to marry and get all the details as far as residency requirements and such. Be sure to check because I think the requirements for Scotland and Northern Ireland may be slightly different than England and Wales.

Do I need to return to Australia to change my visa status? Can I apply from Ireland or somewhere else instead?

As long as you still have leave left on your WHV, you don't need to return to Australia to apply. You can just submit the EEA2 application for the 5 year residence card after the marriage, if you get married in the UK. You MAY be able to apply from another country such as Ireland, you will need to show that you are in that country legally, and I seem to recall others having problems trying to make an application on a visitor visa. The other thing to mention is that if you apply outside the UK, you'll first have to apply for a family permit which is valid for 6 months, and then for the residence card once you re-enter the UK. I'm not sure (and hopefully someone can clarify) but I *think*, if you marry abroad, you could re-enter with your WHV visa and then make the EEA2 application once you've returned to the UK.

Under the EEA Family Permit am I permitted to work in other EEA countries, or only ones where my Irish partner is in residence?

If you apply for a family permit/residence card for the UK, it only enables you to work in the UK, and only also if your partner also resides in the UK. If you want to live elsewhere in the EU, you will have to make the relevent application for that country, and if it is on the basis of your marriage to an EU citizen, then your partner would have to reside there as well.

I also wanted to mention, just in case you weren't aware, since your partner is an Irish citizen, you have the choice of applying under the EEA reguations or the UK immigration rules.

[Ben]

Hi there,

Hoping someone can help me, I have been reading forums for days and am a little confused. I am an Australian citizen in the UK on a Working Holiday Visa, engaged to an Irish (republic) citizen. We want to get married and stay in the UK together. Here are my questions:

Which European country would be best to marry in? (an immigration lawyer I called led me to believe that marriage in the UK is a long and expensive process, but I dont completely trust that advice)

I don't know about marriage in the UK, and COA requirements, but you could certainly come over to Ireland and get married here.

Do I need to return to Australia to change my visa status?

No.

Can I apply from Ireland or somewhere else instead? (I know there is a sticky covering this and referencing new laws but the links are dead)

If you get married in Ireland, you can simply move back to the UK after your marriage and apply for your Residence Card using form EEA2, once back in the UK. In accordance with Directive 2004/38/EC, there is no requirement for you to firstly obtain an EEA Family Permit from the British embassy in Dublin, befor you enter the UK. You can just go.

Under the EEA Family Permit am I permitted to work in other EEA countries, or only ones where my Irish partner is in residence? It seems like these applications need to be made individually to each country and not covered by one permit, just hoping someone can clarify that for me.

Forget the EEA Family Permit. It is not applicable in your case. Note that in accordance with Directive 2004/38/EC, you are entitled to join your spouse in the country in which he/she is living, if your spouse is exercising a treaty right there (working/studying/self-sufficient). You are also entitled to work. You are not, however, able to live and work in an EU Member State other than the one in which your spouse resides.

[Pasha]

Regarding which EU country your should get married in, if you did decide to get married in Ireland because your hubby to be is Irish and closer to family etc you will need to give three months notice.

Depending on how much leave you have on your work permit, this may be an option however if it doesn't and you decided to apply for the EEA FP in Dublin, you will not be able to do so if you are considered to be a visitor.

You do not need to apply for the EEA FP if your work permit gives you enough leave to get married, return to the UK and submit an EEA 2 application prior to expiry as you will be able to proove legal residence at the time of application as you will be in the UK in some other capacity i.e. your work permit. You will be able to work uniterrupted.