Marriage to Foreigner (Japanese)

spidermonkey · 13-05-2011 1:57pm #1

Hi Guys,
I'm currently living in London with my Japanese Partner.

We met in Ireland when she was there two years ago and when her Working Holiday Visa expired for Ireland we moved to the UK where she had successfully got a UK Working Holiday Visa.

Anyway, this is the girl I want to marry.
I've contacted the GRO about the process that we will need to go through, and we've both got today off of work so we're going to call into the Irish and Japanese embassies here in London.

I'd love to hear any first had experiences of Irish citizens marrying foreign citizens.

Wish us Luck!
SM.

Zambia · 13-05-2011 2:00pm

Best of luck.

Monife · 13-05-2011 11:03pm

Are you planning on returning to Ireland? And are you planning on marrying in Ireland?

If so, to marry in Ireland, you need to make an appointment with the registrar to give your 3 month notification. You both need to bring with you, your passports, birth certificates, €150 and evidence of residence in the country.

Once married, if your (then) wife has permission to remain in Ireland, you can go to your local garda station (GNIB if living in Dublin) along with both passports, your marriage certificate and the fee for the GNIB card (€150 I think) and have her passport stamped with STAMP 4 (Permission to live and work in Ireland).

If she has no current permission to remain, you have to make an application to the Irish Naturalisation and Immigration Service to the Spouse of Irish National Section for permission to remain which can take up to a year.

It is worth noting, that if you have lived together in the UK and you have been working, you can return to Ireland using the "Surinder Singh" principle under EU law. You would then make an EU Treaty Rights Application to INIS based on the "Surinder Singh" principle which takes a maximum of 6 months (by law), in order to do this you need to be economically active (working, self-employed, studying with health insurance or self-sufficient with health insurance). It is worth looking into as EU law can be much more favourable than Irish national law especially in the future if you wish to travel on holiday in the EU, your (then) wife would not need a visa.

If you went the Irish route, should you wish to travel in the EU, your (then) wife would need a visa and also a re-entry visa to get back into Ireland. One positive of this route, is that she can apply for citizenship once you are married 3 years. The EU route, she can apply for citizenship after 5 years of legal residence.

Good luck.

GerardKeating · 14-05-2011 10:00am

GNIB cards are free to spouses of Irish nationals.

The "Surinder Singh" principle will not apply if the OP is an Irish national, it only give the OP's spouse right's in the UK.

There are full details on the INIS site. You will also need some proof that this is a real relationship, documentation is the key, you could need to prove time together.

Monife wrote: »

Are you planning on returning to Ireland? And are you planning on marrying in Ireland?

If so, to marry in Ireland, you need to make an appointment with the registrar to give your 3 month notification. You both need to bring with you, your passports, birth certificates, €150 and evidence of residence in the country.

Once married, if your (then) wife has permission to remain in Ireland, you can go to your local garda station (GNIB if living in Dublin) along with both passports, your marriage certificate and the fee for the GNIB card (€150 I think) and have her passport stamped with STAMP 4 (Permission to live and work in Ireland).

If she has no current permission to remain, you have to make an application to the Irish Naturalisation and Immigration Service to the Spouse of Irish National Section for permission to remain which can take up to a year.

It is worth noting, that if you have lived together in the UK and you have been working, you can return to Ireland using the "Surinder Singh" principle under EU law. You would then make an EU Treaty Rights Application to INIS based on the "Surinder Singh" principle which takes a maximum of 6 months (by law), in order to do this you need to be economically active (working, self-employed, studying with health insurance or self-sufficient with health insurance). It is worth looking into as EU law can be much more favourable than Irish national law especially in the future if you wish to travel on holiday in the EU, your (then) wife would not need a visa.

If you went the Irish route, should you wish to travel in the EU, your (then) wife would need a visa and also a re-entry visa to get back into Ireland. One positive of this route, is that she can apply for citizenship once you are married 3 years. The EU route, she can apply for citizenship after 5 years of legal residence.

Good luck.

Monife · 14-05-2011 11:08am

GerardKeating wrote: »

GNIB cards are free to spouses of Irish nationals.

The "Surinder Singh" principle will not apply if the OP is an Irish national, it only give the OP's spouse right's in the UK.

There are full details on the INIS site. You will also need some proof that this is a real relationship, documentation is the key, you could need to prove time together.

The OP said he moved to the UK which is another EU member state apart from the one is a national of. This means he CAN return to Ireland using the "Surinder Singh" principle and be covered under EU law provided he has worked in the UK and provided he works on his return to Ireland.

Q.8 I am an Irish National. Can my non EEA family members apply for EU Treaty Rights?

A The Directive applies to all Union citizens who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them. (Article 3 of Directive 2004/38/EC)
If, as an Irish national, you have exercised your EU Treaty Rights in another Member State with your family member and have now returned to Ireland you may apply.

Evidence of having exercised your EU Treaty Rights in the other Member State in respect of you and your family member must be submitted with the application along with all other relevant documentation.

Source

Tristram · 14-05-2011 11:13am

Good luck SpiderMonkey!

spidermonkey · 18-05-2011 9:42am

Hi guys,
Thank you so much for the priceless information and comments.
I'm still awaiting a response from the GRO, unfortunately the Irish embassy here in London just directed me to the GRO website. The Japanese embassy wa very helpful though, they wer able to provide many forms

which my partner and I will need to complete after we are married.

We have plenty of evidence to prove that we are genuine, plenty of photos from our travels and we share a lease on our apartment here in London.
We were originally flatmates in Ireland so here name will e on a tennency agreement, I was leaseholder. I think that we have plenty of documents, emails and photos to prove our relationship is true.

I'll let you know how things go, as I'm sure the information will be of benefit to someone else.

Enjoy your day!
SM

spidermonkey · 18-05-2011 9:44am

I should have also said that our plan is to get married in Ireland.

Marriage to Foreigner (Japanese)

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