NI citizen to marry noneea in Ireland on Study Visa

[tulip35]

Hi,

The situation for us is as follows:

I am full time employed British and Irish passport holder in Northern Ireland (not had Irish passport for long). My Fiancé is living in the South of Ireland on a Student Visa (stamp 2) and is originally from Mauritius. His visa is valid until the end of October next year. We plan to get married August next year and are looking some definite answers to what our options are for the marriage and for living and working in the North afterwards.

We know from the ukba site that since he is on temporary visa in Ireland he can not apply for a marriage, fiancé or spouse visa. It says that he can apply for an EEA family permit.
Since we cant do the marriage ceremony in the UK (without going home at huge expense and separation) we have asked if he can marry on his visa in Ireland (and have been told he can by the Ireland registry office) but I cant see it in writing anywhere to be confident of it.
After the wedding we were hoping to apply in Ireland for the EEA family permit for spouse with right to reside in the UK and subsequently turn this into a residence card once he up in the UK with me.

Is marrying in Ireland possible on this visa and can we then use the to EEA family member application process?

I previously worked in the Republic of Ireland for 15months between 1997 and 1998 and my current UK employer would occasionally send me on project work in the south (not sure if this has any bearing on our application).

Presuming we can marry in the Republic would he/both of us have to go back to Mauritius after the wedding to apply for the UK spouse visa?

On both the EEA and the UK spouse route – how soon could my husband then take employment in the UK?

Thank you

[geriatrix]

My Fiancé is living in the South of Ireland on a Student Visa (stamp 2)

He may apply for entry clearance as a marriage visitor or fiancee or spouse from Ireland.

I stand to be corrected but I don't think your partner can take the EEA route, not unless you exercise treaty rights in an EEA country that you are not a citizen of. Until then and assuming that he can, which of the following two options will your partner be interested in:
1. Settlement in UK at the earliest even if it means paying immigration application costs.
2. Don't want to spend money on immigration costs even if it means a long road to settlement in the UK.

[tulip35]

Hi,

Thanks for your reply. Yes we would be willing to pay the fees to be a UK spouse entry if he could apply from Ireland - how do we find out for sure if we can marry there then apply under his study visa for a spouce visa.

Would you recommend using a solictor or IAS advisery services or likewise body?

Regards

[John]

we would be willing to pay the fees to be a UK spouse entry if he could apply from Ireland

Not sure why you think there would be a problem. The fact is that as long as he has legal status in the Republic of Ireland, that is, his student visa is still valid, the British Embassy in Dublin will take the application for a 27-month spouse visa.

As you tell us that his student visa expires next October, and the intended wedding will be next August, clearly there is quite enough time after the wedding to submit the visa application.

[geriatrix]

how do we find out for sure if we can marry there

General Register Office, Ireland.

then apply under his study visa for a spouce visa

Click on "entry clearance" in my response above.

[tulip35]

Hi the UK border website says if on visitor or student visa can only apply for UK visitor, tier 5 and eea family permit.

[geriatrix]

As for entry clearance as a visitor:

Applications for visit visas and EEA Family Permits can be made at any post designated by the Secretary of State to accept applications for entry clearance. The applicant will need to be in the third country or territory in accordance with that country or territory's immigration laws.

And the very next paragraph on the same webpage explains:

Applications for all other types of entry clearance, including PBS* and settlement (*see tier 5 exception below) should be made in the applicant's country of residence. 'Country of residence' is not necessarily their country of origin and refers to wherever the applicant has permission to reside, for example, for work or study purposes. Many countries will issue overseas nationals with residency cards in these cases.

Entry clearance either as fiancee or spouse fall within "settlement".