South African Marrying Irish in the UK

[Gabriella2305]

Hi All,

First off-what an amazing forum. It has answered many questions. I have recently signed up and am looking for a bit of help as I am getting no where using Google.

I am a South African lady and have been in the UK for 3 years and am currently on a student visa which expires at the end of 2009. My fiance and I are planning to get married sometime next year after being in a 2 year relationship.

I wanted to know what we have to do in order to get married and for me to obtain an EEA family member residence card.

-Will we be able to marry in the UK and does he have to get a certificate from Ireland

-After we get married how do we go about applying for an EEA family residence card

-How long does it take

-What am I able to do in the meantime whilst waiting for the card. Am i allowed to work etc as we will carry on living in the UK

I know this is very long but any help even to one question would be appreciated. Any links or anything.

Thank you for your time.

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[JAJ]

Have you thought about using the U.K. immigration rules instead of the EEA rules?

Irish citizens can sponsor for both. It will lead to a quicker route to permanent residence and British citizenship.

And your Irish partner - is there any plan to get British citizenship, and any plan to get married? That could make a different to the timescale for naturalisation too.

[Gabriella2305]

Have you thought about using the U.K. immigration rules instead of the EEA rules?

Irish citizens can sponsor for both. It will lead to a quicker route to permanent residence and British citizenship.

And your Irish partner - is there any plan to get British citizenship, and any plan to get married? That could make a different to the timescale for naturalisation too.

Thanks JAJ. I never knew we could do this. My boyfriend came over to the UK on a working holiday visa and switched onto his Irish Passport 2 years ago so theoretically, he has only had Irish Citizenship in the UK for 2 years. How long would he have to wait to get British Citizenship? Also, If I did go onto his Irish Passport in the UK and we carried on living here would I be entitled to Irish or British Citizenship at the end of it?

[Gabriella2305]

Oh and yes, we are probably going to get married mid next year.

[JAJ]

Thanks JAJ. I never knew we could do this. My boyfriend came over to the UK on a working holiday visa and switched onto his Irish Passport 2 years ago so theoretically, he has only had Irish Citizenship in the UK for 2 years. How long would he have to wait to get British Citizenship?

How did he get his Irish citizenship? Parent or grandparent?

Also, If I did go onto his Irish Passport in the UK and we carried on living here would I be entitled to Irish or British Citizenship at the end of it?

If you stay in the U.K. you will never be eligible for an Irish passport (unless you get married and live in Northern Ireland).

You may be able to get British citizenship upon obtaining permanent resident status and applying for naturalisation.

[Gabriella2305]

Hi Jaj,

He got his Irish Citizenship though his grandparent.

[archigabe]

If he has Irish citizenship, you can apply for an EEA permit as the registered partner of a E.U citizen. You don't have to be married.
http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

If you have a right to live the in the United Kingdom, your family may join you. Your family is defined as:

* your spouse or civil partner;
* children or grandchildren of you, your spouse or your civil partner who are under 21 years of age or who are dependent upon you; and
* the parents or grandparents of you, your spouse or your civil partner.

If you are a student, only your spouse, civil partner or dependent children are entitled to a right of residence.

Other relatives, for example extended family members such as brothers, sisters and cousins, do not have an automatic right to live in the United Kingdom. To be considered, the extended family member must be able to demonstrate that they are dependent on you. If you and your partner are not married or in a civil partnership you must be able to show that you are in a durable relationship with each other.

Family members who are not EEA or Swiss nationals

If your family members are not EEA or Swiss nationals and they are coming to live with you permanently or on a long-term basis, they will need to apply for an EEA family permit before coming to the United Kingdom. The EEA family permit is similar to a visa and is issued by UK Visa Services. Your family members should make an application for an EEA family permit at their nearest British diplomatic post.

Employment

You and your family members can:

* accept offers of work;
* work (whether as an employee or in self-employment);
* set up a business;
* manage a company; or
* set up a local branch of a company.

You will not need to apply for a work permit. Your employer should not discriminate against you because of your nationality in terms of conditions of employment, pay or working conditions.

[JAJ]

If he has Irish citizenship, you can apply for an EEA permit as the registered partner of a E.U citizen. You don't have to be married.
http://www.ukba.homeoffice.gov.uk/eucit ... sibilites/

This may be well meaning advice but is not necessarily the best option if she wants to get British citizenship as soon as possible. She also has the option of using the normal U.K. Immigration Rules.

[JAJ]

Hi Jaj,

He got his Irish Citizenship though his grandparent.

When was his Irish citizenship granted (look at the certificate) and how long was he living in the U.K. before that date?

That will give an idea as to when he may be eligible for British citizenship.

Also - do you have any children, or any children planned?

[Gabriella2305]

To be able to apply for a registered partner of someone from the EEA what sort of documentation do we need to provide? Surely we will need to have lived together for a certain amount of years?
Is this not the equivalent of a UK de-facto visa? I thought it was marriage or nothing to EU citizens.

I am not concerned about getting British Citizenship as soon as possible. As long as I can work and live in the UK after I finish on my UK student visa at the end of 2009 I'll be happy.

We not planning on having any children for the next couple of years and neither of us have any children.

He got his Irish Citizenship/ Passport in 2006 i think. Will check with him but am certain it was end of 2006.

Thanks guys for ur help

[Gabriella2305]

Hi Jaj,

He got his Irish Citizenship though his grandparent.

When was his Irish citizenship granted (look at the certificate) and how long was he living in the U.K. before that date?

That will give an idea as to when he may be eligible for British citizenship.

Also - do you have any children, or any children planned?

Hi Jaj,
He had lived in the UK for 2 years before he got his Irish Passport. He was on a Working Holiday Maker Visa though which I dont think counts towards any stay in the UK

[JAJ]

To be able to apply for a registered partner of someone from the EEA what sort of documentation do we need to provide? Surely we will need to have lived together for a certain amount of years?
Is this not the equivalent of a UK de-facto visa? I thought it was marriage or nothing to EU citizens.

Unmarried partners can go under EEA rules too, if you have been living together for 2+ years.

But do make the right choice as you will be the one to have to deal with the consequences. There is lots of well meaning advice (on forums like this) to people to choose the EEA route which ignores the fact that you wait a lot longer for permanent residence. This is something that shocks many people when they find out too late that they are not eligible for British citizenship until many more years have passed.

The facts are, subject to any future changes in law (quite possible):

U.K. Route : Indefinite Leave to Remain at start of 2011.
EEA route : Permanent Residence at start of 2014

Either way, you can go for citizenship straight afterwards if you get married and if your partner becomes British if eligible. Otherwise you need to wait an extra year.

I am not concerned about getting British Citizenship as soon as possible. As long as I can work and live in the UK after I finish on my UK student visa at the end of 2009 I'll be happy.

Are you sure you will always think that way? On another thread you posted about living in Ireland - if you want that as an option, you want to get your British citizenship as soon as possible.

We not planning on having any children for the next couple of years and neither of us have any children.

Any children you do have born outside Ireland and Northern Ireland can be registered as Irish citizens in the same way your partner got his citizenship.

Also, any children born in the U.K. will automatically be British citizens because as an Irish citizen your partner is deemed to be a "permanent resident".

He got his Irish Citizenship/ Passport in 2006 i think. Will check with him but am certain it was end of 2006.

As far as I can tell, assuming the law doesn't change, he will be eligible to apply for naturalisation as a British citizen once he has 5 years legal residence in the U.K. (his time on a working holiday visa does count for naturalisation purposes).

[Gabriella2305]

Thanks for all your help JAJ. Very much appreciated.
I guess I have a lot of thinking to do. At least I still have time to think about things. It's just good to know what options are out there
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