Marrying a US national

Grandpa Hassan

I thought this might be a more common question, but the last thread I can find is 2010. I think I understand everything correctly, but if I am missing something I would be grateful if someone could let me know.

My American GF has been here for nearly 2 years on a student visa, which runs out in November. We have been seeing each other for almost all of that time.

We want to get married, and want to do so before her visa runs out. As far as I can see, we just need to give 3 months notice (not sure if the meeting with the registrar is at the start of the 3 months, or at the end before getting the requisite form to take to the registry office. She'd need the appropriate birth certs.

Once married she can just change her visa, and we might have an interview as we are getting married so close to the expiry of her current one.

She renews that visa every year, she can work, and after 3 years apply for Irish citizenship.

Seems quite straightforward. Am I missing something? And will that entitle her to live and work in the UK (I actually spend 50% of my working time in London)

Many thanks. And apologies if I have missed a thread that lays all this out

GH

ABajaninCork

SW15? Are you in Putney?? That's my neck of the woods being from Wandsworth!

About the Irish part - I don't know. But I would assume marriage to an EU citizen would allow your wife to live and work in the UK.

I'd take advice from an immigration specialist, just to make sure.

Pro Hoc Vice

Grandpa Hassan wrote: »

I thought this might be a more common question, but the last thread I can find is 2010. I think I understand everything correctly, but if I am missing something I would be grateful if someone could let me know.

My American GF has been here for nearly 2 years on a student visa, which runs out in November. We have been seeing each other for almost all of that time.

We want to get married, and want to do so before her visa runs out. As far as I can see, we just need to give 3 months notice (not sure if the meeting with the registrar is at the start of the 3 months, or at the end before getting the requisite form to take to the registry office. She'd need the appropriate birth certs.

Once married she can just change her visa, and we might have an interview as we are getting married so close to the expiry of her current one.

She renews that visa every year, she can work, and after 3 years apply for Irish citizenship.

Seems quite straightforward. Am I missing something? And will that entitle her to live and work in the UK (I actually spend 50% of my working time in London)

Many thanks. And apologies if I have missed a thread that lays all this out

GH

According to your location you are in London, can you confirm if that is the case as it will make a huge difference.

Grandpa Hassan

I'm in London about 50% of my time. I have my own house in Dublin, where I live, but travel to London for work very regularly. I am effectively a Dublin to London commuter I guess, though not every week.

Haven't updated my location. I was in London for a while, but moved back in to my Dublin house

How does that make a difference if I am an Irish citizen? I did look on the internet for detail of that exact point, but couldn't find anything

Pro Hoc Vice

Grandpa Hassan wrote: »

I'm in London about 50% of my time. I have my own house in Dublin, where I live, but travel to London for work very regularly. I am effectively a Dublin to London commuter I guess, though not every week.

Haven't updated my location. I was in London for a while, but moved back in to my Dublin house

How does that make a difference if I am an Irish citizen? I did look on the internet for detail of that exact point, but couldn't find anything

If you are an irish citizen resident in ireland then your wife's application is based on domestic irish law and there is no automatic right to a stamp 4 for your wife. On the other hand of you are an irish citizen working in the UK then EU treaty rights come into effect, there are much stronger rights and for example with a EU based residency card your wife has much better access to the rest of EU. Also if you move back to ireland your wife retains eu rights. If you divorce or die your wife can retain eu rights. Seek advice from a good immigration solicitor who can set out the advantages and disadvantages of each option.

Grandpa Hassan

Pro Hoc Vice wrote: »

If you are an irish citizen resident in ireland then your wife's application is based on domestic irish law and there is no automatic right to a stamp 4 for your wife. On the other hand of you are an irish citizen working in the UK then EU treaty rights come into effect, there are much stronger rights and for example with a EU based residency card your wife has much better access to the rest of EU. Also if you move back to ireland your wife retains eu rights. If you divorce or die your wife can retain eu rights. Seek advice from a good immigration solicitor who can set out the advantages and disadvantages of each option.

Thanks, PHV. That's interesting. Will give that some thought. Maybe I should indeed move back to London! (East Putney, incidentally)

I thought that your first comment was referring to my ability to get married in Ireland at all, rather than referring to my wife's rights to work in the UK. I have subsequently found the residency rules, which are not restrictive at all

Pro Hoc Vice

Grandpa Hassan wrote: »

Thanks, PHV. That's interesting. Will give that some thought. Maybe I should indeed move back to London! (East Putney, incidentally)

I thought that your first comment was referring to my ability to get married in Ireland at all, rather than referring to my wife's rights to work in the UK. I have subsequently found the residency rules, which are not restrictive at all

If you and your wife are living together for 2 years then you can make an application based on that.

Grandpa Hassan

Pro Hoc Vice wrote: »

If you and your wife are living together for 2 years then you can make an application based on that.

I saw that as well, thanks. But we want to get married anyway.

I do note however, that although her subsequent application for permission to stay in Ireland is straightforward (just attending the GNIB office with the wedding cert and proof of address), the application take up to a year, and during this time she isn't allowed to work.

That is a bit of a pain. I will look to see if there is some kind of appeals process to get a work permit during this period. Otherwise she is just going to have to suck it up

Pro Hoc Vice

Grandpa Hassan wrote: »

I saw that as well, thanks. But we want to get married anyway.

I do note however, that although her subsequent application for permission to stay in Ireland is straightforward (just attending the GNIB office with the wedding cert and proof of address), the application take up to a year, and during this time she isn't allowed to work.

That is a bit of a pain. I will look to see if there is some kind of appeals process to get a work permit during this period. Otherwise she is just going to have to suck it up

There is no appeal as I said if you invoke EU your wife gets a temp permission to work while the decision is made which has to be done in 6 months. Also in relation to irish application new guidelines have been introduced which require minimum income levels for the Irish citizen. As I said this is something that requires expert advice.