Immigration problem.

[Jackreacher29]

Hi, the immigration system is so confusing.

I am a UK and Irish Citizen living in Northern Ireland. My wife is American citizen in Northern Ireland studying a PhD (her visa will expire in August), We are married for 1 year. I work part time and i study full time. She has a job offer from a company, the job is on the Job shortage list (we think). The problem is the company isn't on the "approved sponsor" list. As i understand this is a problem.

Another thing i was thinking about was the eu residence card. i was thinking because i am a Irish citizen in the uk that might work but i am also a UK citizen.


does anyone have any advise on how i can get my wife in the country with rights to work. thanks for your time.

[secret.simon]

You have some choices.

a) Persuade the company to apply for a Tier 2 sponsorship license. That is a time-consuming process and the company obviously must be convinced that your wife is worth the hassle of getting the license.

b) You could get a job that earns more than £18,600 and sponsor her under the UK Immigration Rules.

c) You could renounce your British citizenship and sponsor your wife as a purely Irish citizen.

You will need only to be working "genuinely and effectively" (i.e. earn more than about £162 per week) or have private health insurance for both your wife and yourself (and any non-British children). Irish citizens ordinarily resident in the UK have almost all the rights of British citizens. And any children born to you in the UK while you are ordinarily resident in the UK would be automatically British citizens too. Also see these threads.

[physicskate]

As your wife is currently in the UK visa that permits work, does your combined income amount to £18,600 pa? Do either of you have significant savings?

[lutga]

I've definitely seen it advised that the Irish route is preferable to the British route. Also, I know there have been troubles where people have applied in Northern Ireland and been refused because they submitted their Irish passport instead of their UK one - hence, refused because they are not 'settled' in the UK. Something to be aware of anyway.

If you have significant savings, that's definitely something to consider - also, you residence situation is important too. Are you renting? Own a house? Living with family?

Your personal income will always come up trumps - so if there is a situation where you can earn over £18,600, that's obviously the best option.

But, on the plus side, at least you have the benefit (for the time being) of her already being in the UK, and already being married - if anything, it makes the application easier to coordinate.

[CR001]

I've definitely seen it advised that the Irish route is preferable to the British route. Also, I know there have been troubles where people have applied in Northern Ireland and been refused because they submitted their Irish passport instead of their UK one - hence, refused because they are not 'settled' in the UK. Something to be aware of anyway.

If you have significant savings, that's definitely something to consider - also, you residence situation is important too. Are you renting? Own a house? Living with family?

Your personal income will always come up trumps - so if there is a situation where you can earn over £18,600, that's obviously the best option.

But, on the plus side, at least you have the benefit (for the time being) of her already being in the UK, and already being married - if anything, it makes the application easier to coordinate.

Irish citizens are automatically considered 'settled' in the UK from date of arrival!!

The complication comes that as the OP is dual British/Irish, they would only be considered British for immigration purposes, unless they renounce their British citizenship, as already advised.