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Irish national studying fulltime in UK can non-EU wife work?

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puremeteor
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Irish national studying fulltime in UK can non-EU wife work?

Post by puremeteor » Thu Jun 03, 2010 4:54 pm

Folks,
I am an Irish national and my wife is a Sri Lankan national. I plan to move to UK next year to study for a full-time masters programme.

1. what kind of visa would I need for my wife.
2. What's the procedure for getting the relevant visa. Will she be allowed to work on this visa?

Any pointers will be appreciated. Thanks in advance

Ben
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Post by Ben » Fri Jun 04, 2010 9:06 am

No visa required if in possession if each of your passports plus your marriage certificate. Fly with Aer Lingus (check-in online) or travel by ferry for minimum fuss. Ryanair may prove problematic.

Your wife can work immediately in the UK.

After the first three months, you will need to get comprehensive sickness insurance cover for both of you.

Application by your wife for a "Residence card of a family member of a Union citizen" is optional in the UK and its acquisition confers no additional rights of residence or work. However, it will aid your wife in proving to employers that she is entitled to work in the UK, as well as aiding her entry back in to the UK if she were to leave temporarily. Applications are free.
I am no longer posting publicly on this website - PM me if needed.

puremeteor
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Posts: 17
Joined: Wed Feb 11, 2009 11:35 am

Post by puremeteor » Fri Jun 04, 2010 9:36 am

ben,
Thanks for the quick reply.
She's already got a 5 year tourist visa to UK, so airlines etc is not an issue.
Does she need to get any specific stamp at the airport to say that she's entering as a spouse of EU citizen?

I didnt understand this part.
After the first three months, you will need to get comprehensive sickness insurance cover for both of you.
Why is this?

Ben
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Posts: 2685
Joined: Thu Jul 05, 2007 4:33 pm
Location: Elsewhere
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Post by Ben » Fri Jun 04, 2010 9:46 am

puremeteor wrote:Does she need to get any specific stamp at the airport to say that she's entering as a spouse of EU citizen?
No. In any case aircraft arriving in the UK from Ireland are treated by the UK as domestic. You won't find an Immigration Officer.

puremeteor wrote:I didnt understand this part.
After the first three months, you will need to get comprehensive sickness insurance cover for both of you.
Why is this?
[url=http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:158:0077:0123:EN:PDF]Directive 2004/38/EC[/url], § 7 wrote:Right of residence for more than three months
1. All Union citizens shall have the right of residence on the territory of another Member State for
a period of longer than three months if they:
(a) are workers or self-employed persons in the host Member State; or
(b) have sufficient resources for themselves and their family members not to become a burden on
the social assistance system of the host Member State during their period of residence and
have comprehensive sickness insurance cover in the host Member State; or
(c) – are enrolled at a private or public establishment, accredited or financed by the host
Member State on the basis of its legislation or administrative practice, for the principal
purpose of following a course of study, including vocational training; and
– have comprehensive sickness insurance cover in the host Member State and assure the
relevant national authority, by means of a declaration or by such equivalent means as
they may choose, that they have sufficient resources for themselves and their family
members not to become a burden on the social assistance system of the host Member
State during their period of residence; or
(d) are family members accompanying or joining a Union citizen who satisfies the conditions
referred to in points (a), (b) or (c).
2. The right of residence provided for in paragraph 1 shall extend to family members who are not
nationals of a Member State, accompanying or joining the Union citizen in the host Member State,
provided that such Union citizen satisfies the conditions referred to in paragraph 1(a), (b) or (c).
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