Help - Getting Married?

[mickhoran]

Hi all,

I am an Irish citizen and passport holder living in the Uk for the past few years. I have recently got engaged to my Egyptian girlfriend of over a year. She is in University in London and is on a 4 year student visa with about 2 years left. We have been living together for the past 6 months. We would like to get married in the near future but to be honest I dont know where to start with this whole process and need some advice and help.

We plan on staying and living in the Uk for the next few years. We dont know if we can get married in the Uk as neither of us are UK nationals. We thought it might be better if we get married in Ireland but is it possible for her to get married when she doesnt have visa for the country. She has been back and forth to Ireland with me about 4 - 5 times on short visit visa's.

If we do get married in Ireland will we she be able to live and work in the UK when her student visa is up or before?

I'm also a US citizen by the way as I was born there and lived there till I was 5 years old. Would it be a better option to get married in the US?

Would appriecate and advice and pointers please. Also where can I find information about starting the process of getting married once I know its possible.

Thanks for taking the time to read.

Michael

[archigabe]

Unless there are strong reasons for getting married in Ireland, I wouldn't advise you to do so as it takes a long time to get appointments.There are also requirements for residing in the district you want to get married.
You and she don't need to be citizens of the U.K to get married there, only a COA (certificate of approval) required for your fiancee.
I am moving this to the U.K forum where you will find more appropriate answers.

[mickhoran]

You and she don't need to be citizens of the U.K to get married there, only a COA (certificate of approval) required for your fiancee.
I am moving this to the U.K forum where you will find more appropriate answers.

I heard from someone that she has to apply for a COA from her home country though which we really dont want to do as she is in the middle of her studies. Is this true?

[Wanderer]

Why not wait 18 months and apply for EEA FP as your unmarried partner?

[archigabe]

See here and here for details on marriage requirement.The COA is obtained from the UK government.

[vinny]

I heard from someone that she has to apply for a COA from her home country though which we really dont want to do as she is in the middle of her studies. Is this true?

It is not possible to apply from abroad for a certificate of approval.

[mickhoran]

Cheers guys!

[JAJ]

Hi all,

I am an Irish citizen and passport holder living in the Uk for the past few years. I have recently got engaged to my Egyptian girlfriend of over a year. She is in University in London and is on a 4 year student visa with about 2 years left. We have been living together for the past 6 months. We would like to get married in the near future but to be honest I dont know where to start with this whole process and need some advice and help.

As someone else has said, she can get a COA in-country (you don't need one as an Irish citizen).

Once you are married, is there a plan for her to switch to spouse visa status so she can move towards permanent resident status?

Also, do you have any plan to become a British citizen (you can do this after 5 years residence). It will reduce the length of time your wife has to wait for her own British citizenship.

You should also be aware that as you left the U.S. when you were 5, any U.K. born children you have will not be American citizens at birth.

However there may be ways to get them U.S. citizenship. Are your own parents American citizens?

[mickhoran]

Hi all,

I am an Irish citizen and passport holder living in the Uk for the past few years. I have recently got engaged to my Egyptian girlfriend of over a year. She is in University in London and is on a 4 year student visa with about 2 years left. We have been living together for the past 6 months. We would like to get married in the near future but to be honest I dont know where to start with this whole process and need some advice and help.

As someone else has said, she can get a COA in-country (you don't need one as an Irish citizen).

Once you are married, is there a plan for her to switch to spouse visa status so she can move towards permanent resident status?

Also, do you have any plan to become a British citizen (you can do this after 5 years residence). It will reduce the length of time your wife has to wait for her own British citizenship.

You should also be aware that as you left the U.S. when you were 5, any U.K. born children you have will not be American citizens at birth.

However there may be ways to get them U.S. citizenship. Are your own parents American citizens?

Yes I think she wants to switch to spouse visa when we get married. Will she be able to live and work here freely after we get married or will there be some restrictions like with the student visa.

My parents are Irish .. I didnt know that about my kids having american citizenship .. thx

[paulp]

Yes I think she wants to switch to spouse visa when we get married. Will she be able to live and work here freely after we get married or will there be some restrictions like with the student visa.

My parents are Irish .. I didnt know that about my kids having american citizenship .. thx

On a spouse visa, she will be able to work without restrictions but she won't have access to public funds. After two years (minus 28 days), she can apply for Indefinite Leave to Remain and all restrictions will be lifted.

[mickhoran]

Yes I think she wants to switch to spouse visa when we get married. Will she be able to live and work here freely after we get married or will there be some restrictions like with the student visa.

My parents are Irish .. I didnt know that about my kids having american citizenship .. thx

On a spouse visa, she will be able to work without restrictions but she won't have access to public funds. After two years (minus 28 days), she can apply for Indefinite Leave to Remain and all restrictions will be lifted.

By public funds you mean social welfare? That wouldnt be a problem but she would like to pursue a career without restrictions but she is just short come points for the highly skilled migrant program.

Thanks for the advice

[JAJ]

Yes I think she wants to switch to spouse visa when we get married. Will she be able to live and work here freely after we get married or will there be some restrictions like with the student visa.

She can freely live and work in the U.K. on a spouse visa. Be sure you understand the difference between a spouse visa and an EEA family permit.

Are you planning to become a British citizen?

My parents are Irish .. I didnt know that about my kids having american citizenship .. thx

Your children won't be U.S. citizens at birth then. But you should know that if you sponsor them for immigrant visa to the U.S. then the children will immediately become American citizens upon entry to the United States (before age 18).

http://travel.state.gov/family/adoption ... o_457.html

[paulp]

By public funds you mean social welfare? That wouldnt be a problem but she would like to pursue a career without restrictions but she is just short come points for the highly skilled migrant program.

Thanks for the advice

I was pretty sure she wouldn't need public funds but it's better to be aware of it. Some tax credits fall within the remit of public funds. It's important when she applies for ILR.

Here's a list at uk visas:
http://www.ukvisas.gov.uk/servlet/Front ... 8721085371

As for her career, there will be no restrictions whatsoever, she'll have the same right to work as a native or EU citizen.

[mickhoran]

Yes I think she wants to switch to spouse visa when we get married. Will she be able to live and work here freely after we get married or will there be some restrictions like with the student visa.

She can freely live and work in the U.K. on a spouse visa. Be sure you understand the difference between a spouse visa and an EEA family permit.

Are you planning to become a British citizen?

My parents are Irish .. I didnt know that about my kids having american citizenship .. thx

Your children won't be U.S. citizens at birth then. But you should know that if you sponsor them for immigrant visa to the U.S. then the children will immediately become American citizens upon entry to the United States (before age 18).

http://travel.state.gov/family/adoption ... o_457.html

I didnt plan on becoming a British citizen. I really never saw the point becuase I'm an EU citizen. Would I have to give up my Irish or American citizenship if I became a british citizen? What would the benefits be for me and my partner?

Great advice re my children by the way. Thanks a lot ... I will remember it.

Cheers to everyone who replied by the way Really appriecate it1

[paulp]

I didnt plan on becoming a British citizen. I really never saw the point becuase I'm an EU citizen. Would I have to give up my Irish or American citizenship if I became a british citizen? What would the benefits be for me and my partner?

The spouse of a British Citizen can apply for naturalisation after spending 3 years in the UK instead of 5.

[JAJ]

I didnt plan on becoming a British citizen. I really never saw the point becuase I'm an EU citizen. Would I have to give up my Irish or American citizenship if I became a british citizen? What would the benefits be for me and my partner?

Benefits? Perhaps your perspective should be that if your home is in the United Kingdom then you should want to be a British citizen, not a welcome foreigner. "Ask not what your country can do for you etc".

As for specific benefits, there are a few, including:

- you become exempt from deportation;
- any future change to the immigration laws won't affect you (it is quite likely that Labour will lose office in 2010 and the attitude of the next government to the EU may be very different).
- you can have a second (or third) passport, which is convenient

Most importantly, as someone else sayd, your future wife will have a shorter period for naturalisation if you become a British citizen in the meantime.

You should be aware that as an Irish citizen you are deemed "settled" in the U.K. and hence any children you have born in the U.K. will be British at birth. However, if you become a British citizen yourself before that, you will run less risk of hassle from ignorant officials who don't understand the law.

You will not lose your Irish citizenship by becoming a British citizen. As for American citizenship, you won't lose that either provided your intention is to keep it. So make sure you keep renewing your American passport and keep filing U.S. federal tax returns, plus do Selective Service registration if liable.
http://travel.state.gov/law/citizenship ... p_778.html
http://www.richw.org/dualcit/

Great advice re my children by the way. Thanks a lot ... I will remember it.

I noticed it wasn't clear on the age limit for your children to enter the U.S. with immigrant visas (in order to get U.S. citizenship) - it's age 18.

Also bear in mind that as you are Irish "by descent" any children you have born in the United Kingdom (other than Northern Ireland) won't be Irish citizens automatically and you will instead have to register them ("Foreign Birth Registration"). A formality, but it needs to be done if they are to be Irish citizens.

[mickhoran]

Benefits? Perhaps your perspective should be that if your home is in the United Kingdom then you should want to be a British citizen, not a welcome foreigner. "Ask not what your country can do for you etc".

As for specific benefits, there are a few, including:

- you become exempt from deportation;
- any future change to the immigration laws won't affect you (it is quite likely that Labour will lose office in 2010 and the attitude of the next government to the EU may be very different).
- you can have a second (or third) passport, which is convenient

Most importantly, as someone else sayd, your future wife will have a shorter period for naturalisation if you become a British citizen in the meantime.

You should be aware that as an Irish citizen you are deemed "settled" in the U.K. and hence any children you have born in the U.K. will be British at birth. However, if you become a British citizen yourself before that, you will run less risk of hassle from ignorant officials who don't understand the law.

You will not lose your Irish citizenship by becoming a British citizen. As for American citizenship, you won't lose that either provided your intention is to keep it. So make sure you keep renewing your American passport and keep filing U.S. federal tax returns, plus do Selective Service registration if liable.
http://travel.state.gov/law/citizenship ... p_778.html
http://www.richw.org/dualcit/


I noticed it wasn't clear on the age limit for your children to enter the U.S. with immigrant visas (in order to get U.S. citizenship) - it's age 18.

Also bear in mind that as you are Irish "by descent" any children you have born in the United Kingdom (other than Northern Ireland) won't be Irish citizens automatically and you will instead have to register them ("Foreign Birth Registration"). A formality, but it needs to be done if they are to be Irish citizens.

Thx for another long reply

Regarding British citizenship I assumed that I might have to relinquish my Irish or American citizenship and I dont know how long I plan on staying in the Uk. I may return to Ireland in few years or move to states so British citizenship was something I never considered due to the benifits of EU membership.

However you make some very good points and if I am eligible for British citizenship after 5 years and it doesnt affect the status of my citizenship with Ireland or the US then I cant see why it wouldnt be a great idea.

As for my American citizenship I renewed my passport for the first time about 8 years ago . it has 2 years left on it. I have never filed a US tax return as I wasnt aware I had to .. will this affect my ability to renew in a couple of years?

[paulp]

From wikipedia:

The US will allow some parts of foreign income to be exempt from taxation; for instance, in 2006 the foreign earned income exclusion allowed up to US$82,400 of foreign salaried income to be exempt from income tax.[13] This exemption, plus the credit for foreign taxes paid mentioned above, often results in no US taxes being owed, although a US tax return would still have to be filed.

[JAJ]

Regarding British citizenship I assumed that I might have to relinquish my Irish or American citizenship and I dont know how long I plan on staying in the Uk. I may return to Ireland in few years or move to states so British citizenship was something I never considered due to the benifits of EU membership.

However you make some very good points and if I am eligible for British citizenship after 5 years and it doesnt affect the status of my citizenship with Ireland or the US then I cant see why it wouldnt be a great idea.

Also be aware that children born outside the U.K. to naturalised British citizens get British citizenship by descent.

As for my American citizenship I renewed my passport for the first time about 8 years ago . it has 2 years left on it. I have never filed a US tax return as I wasnt aware I had to .. will this affect my ability to renew in a couple of years?

I don't know if not filing U.S. tax returns affects getting a passport, but it may well be required later on to sponsor your wife and any future children for immigrant visas.

There is an IRS office at the Embassy in London. In cases like this they may accept 6 years back returns. As someone else has noted, because of foreign income exclusions and credit for U.K. tax paid you may not need to pay anything. Capital gains tax may be more complex, also bear in mind that income from ISAs etc is not necessarily tax free in U.S. eyes.

Are you still aged less than 26? If so, you should register with Selective Service, if not already registered: http://www.sss.gov

[mickhoran]

Im 28 now so I cant register with them :/ I dont think I have erned enough to qualify to pay US taxes. I will get in touch with the embassy here in London and get some advice. Thanks for the advice guys

[JAJ]

Im 28 now so I cant register with them :/

Be aware that for some purposes in the U.S. (federal/state benefits or employment) you may need to convince them that your failure to register before age 26 was not wilful:
http://www.sss.gov/FSmen.htm
http://www.sss.gov/FSbenefits.htm