Australian citizen marrying Irish Citizen in Ireland?

[StephiHaze]

Hi there,

I'm a 22 year old Australian citizen. I travelled to Ireland in August 2009, and it was during this time that I met my fiance, an Irish citizen. I had applied for a Tier 5 Holiday Working Visa for the UK before I left Australia, and that commenced in October 2009. Since August 2010, my partner and I have been living and working in Edinburgh.

We wanted to get married in the UK, however as far as i'm aware, the minimum age is 21 for marriage, and my partner is 18.

Would it be possible for us to travel back to Ireland and get married there? As I believe that the minimum age for marriage is 18...?

And if we were able to get married there, would we be able to return to live and work in the UK? I have read that this may be possible, and that after our marriage, i'd have to apply for a EEA2 visa...?

Any help would b very much appreciated, as we've spent over £100 in phone bills already trying to get answers from the Irish government, to no avail. We're so confused, and very stressed out.

Thank you, and kind regards!

Stephanie

[Greenie]

the minimum age for marriage in the UK is 16 (with parental consent) and 18 (without parental consent).

The 21 age limit refers to applications for leave to remain as the spouse of a settled person, in which case currently each party must be over 21. This doesn't prevent you from marrying although until 9 may you will need a certificate of approval unless you are marrying in an anglican church.

[StephiHaze]

Hi Greenie,

Thanks for your prompt reply, much appreciated!

So the 21 age limit applies to me, as i am the one applying for leave to remain with my spouse?

I am anglican, and therefore marriage in an anglican church would be fine, however i did read previously that if you are to marry in Scotland, you need not apply for a certificate of approval...?

Do you think it would be easier to get married in Ireland rather than the UK as my fiance is Irish...?

Still very confused...

Thanks again!

[Greenie]

Certificate of Approval also applies in Scotland but it is being scrapped in May anyway.

If your future husband is Irish and you choose to go down the EEA route rather than the national route then the 21 age limit for spouse applications will not effect you as you will not be applying for leave to remain as the spouse of a settled person, but rather for a residence card under the EEA regulations.