British/Irish citizen marrying Canadian...easiest route?

[phoenixuk]

Hi everyone,

I am looking for a little bit of advice please. I am looking to marry my Canadian partner and we are unsure of the process.

Currently here is the situation.
I am a UK citizen with Brit passport, living in England. I can, due to my mother, apply for a Irish passport, I also have a place over there.
He is a Canadian Citizen living in Ontario.
Now we are trying to find the easiest route for getting married and him joining me eventually over here in the UK. I dont even know if the Irish link will help or not, but I am just keeping all of my options open.
As I understand it we can either get married in Ontario, whilst I go over to visit. Then he can apply for a married partner visa to the UK before he comes over.
Or,
He can apply for a fiance visa, get married here, then apply to stay.
Or,
Would the Irish route help at all? Maybe if we get married in Ireland? I havn't looked into the Irish one much yet, but it says Under schedule 1, he wont need a visa to enter Ireland. We dont mind staying over there if need be also.

Any help would be gratefully appreciated.

Thank you,
Phe.

[Mr Rusty]

There has been a European Court judgement (known as 'McCarthy') which held that an EU National with dual nationality who has only ever lived and worked in the country of their birth can not use their second nationality to claim "Treaty Rights" in the first country. However, the UK Border Agency still hasn't implemented this judgement, so if you marry your Canadian partner he can at present apply for an "EEA Family Permit" to join you in the UK.

Start by looking at this page:-

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

[phoenixuk]

There has been a European Court judgement (known as 'McCarthy') which held that an EU National with dual nationality who has only ever lived and worked in the country of their birth can not use their second nationality to claim "Treaty Rights" in the first country. However, the UK Border Agency still hasn't implemented this judgement, so if you marry your Canadian partner he can at present apply for an "EEA Family Permit" to join you in the UK.

Start by looking at this page:-

http://www.ukba.homeoffice.gov.uk/eucit ... ly-permit/

Ah great tip, thank you very much Mr Rusty!

[Jambo]

The EEA route might be the easiest to get him into the country but is not the shortest path to citizenship (if this is a goal). If under EEA rules, spouse can apply for citizenship after 5 years residence in the UK. If under spouse visa, after 3 years (under current rules).

[phoenixuk]

The EEA route might be the easiest to get him into the country but is not the shortest path to citizenship (if this is a goal). If under EEA rules, spouse can apply for citizenship after 5 years residence in the UK. If under spouse visa, after 3 years (under current rules).

Would he be able to work under the EEA route? Citizenship would be the eventual goal but to be honest we just want to be able to stay together and he would have to find work here also.

Edit: Just read the part saying:-

"If you are a national of Bulgaria or Romania, you must obtain our permission in order to work here. You should read the pages for Bulgarian and Romanian nationals for details. If you are a national of any other EEA country or Switzerland, you will not need to apply for our permission in order to work here."

But it doesnt mention non EEA countries. He would have to get an NI number etc.

[Jambo]

Under both routes he would be able to work.

The EEA route requires the EEA national to exercise treaty rights to have the right of residence for him and family members.

See more Rights and responsibilities.