Currently looking for some advice regarding EU immigration law.
Having been in a LDR for almost 2 years now with my American girlfriend (I'm a Scot) we are thinking about getting married and one day living in Scotland. However, as I am travelling for the foreseeable future, we realise that we won't meet the financial obligations of the wonderful Tory policy implemented back in 2012. She has a love for Italy (having exchange studied there) and I've always wanted to live in the ROI for a while. We have also always spoken about travelling around Europe too therefore are contemplating living in another European country for a few years working and travelling at the weekends/holidays etc. Then perhaps one day we would consider moving to live in Scotland through the EU route, having exercised my EU Treaty rights.
I guess my question is if we were to get married in Scotland (the whole Castle thing) with her on a marriage visitors visa (provided we get it and be able to provide proof of leaving after (for another EU country)) and then go to Italy/Ireland (obviously without a UK residence card), would we require any paperwork for her to legally be allowed to enter and reside there? It's my interpretation that immediately upon becoming a spouse of an EEA citizen she can legally enter Italy/Ireland or any other EU country for that matter along with me without a visa (Directive 2004/38/EC). Would I be correct in interpreting this? A few others are telling me that she would require a Schengen visa first and must get this before she leaves the USA? I do not know if this is necessary but I guess it may help in obtaining a UK marriage visitors visa as proof that we have put in place plans to leave the UK and go to the EU?
Also, I understand that I can then work as an EU citizen member through freedom of movement and begin to show that I have moved my 'centre of life' (although the UK law on this is illegal I believe anyway). However, I was wondering what her legal position for work would be in other EU countries? Would she be required to apply for a residence card of the respective country that we are residing in before work is allowed? Or is it allowed regardless and the residence card would merely be to show proof of this to employers? I acknowledge that its probably different in each country or maybe not but hoping for some help on this site to figure all this out
Thanks in advance for your time and answers. I appreciate them greatly!