South Korean spouse, Irish husband, Brexit

Hello,

I am an Irish national living and working full-time in the UK. I have pre-settlement status and married my wife in Korea. The marriage cert is translated into English, notarised and has an apostille seal. From my limited understanding of Directive 2004/38, my wife falls under EU law as the TCN (third-country national) spouse of me, a full-time working Irish national. So, she is legally entitled to come to the UK and live with me with a valid passport and our legalised marriage cert. After three months, she is legally entitled to apply for a UK residency and, if her application is successful, will be entitled to work and remain in the UK for a period of five years.

I'm outlining statements, but they are open to correction. Does anyone have any idea if I'm correct and, most importantly, if my wife is entitled to come and work in the UK if everything outlined above is successful.

Thanks in advance.

Your understanding is broadly correct, provided that you are a solely Irish citizen (i.e. not with a connection to Northern Ireland, which can complicate matters).

Your wife should apply for a Family Permit to board a flight to the UK. Most airlines will not have an understanding of EU law and will expect a visa in her passport before they allow her to board.

Once she is in the UK, she can apply for either a Residence Card or pre-settlement status (which is issued under UK law, not EU law) if she plans to work in the UK.

Thank you. My wife is travelling on a return ticket so negates the need for a visa. Korea nationals are entitled to visit the UK visa-free for up to six months, I believe, perhaps three. As soon as she's here, we intend to immediately begin the process of applying for her residency card. She's legally entitled to work as my spouse but we need some formal and physical document to convince a potential employer of her eligibility.