Entry into UK (Belfast): Tourist/Spouse/Work

Hi,

I am US citizen moving to the UK in a few weeks to spend the summer with my IRISH fiancee who works in Belfast. We are getting married here in the US in September, and then moving back to Belfast thereafter, coming in directly from the US.

1. Will I be able to get a 90-day tourist visa upon entering the UK? I've not yet booked my return ticket as we've not confirmed the exact wedding date weekend. Will I need that return before entering?

2. I've spoken with UK consular official here in the US and was told that if we get married in the US in September, we can then apply (and be soon granted) a visa that will temporarily allow me to work upon entry into the UK.  Does anyone know if this is accurate; that I can obtain that permission to work immediately following the marriage? And, if so, are there any hidden traps of which one needs to be aware?

My understanding is that I would then have to apply to have the status changed from "temporary" to, I think, 5-years. I've been able to locate several secondary sources that confirm all of this, but I thought it might be wise to try here, among those who've actually emigrated, as well.

Many thanks in advance for any information and assistance.

Cheers!   

2. I've spoken with UK consular official here in the US and was told that if we get married in the US in September, we can then apply (and be soon granted) a visa that will temporarily allow me to work upon entry into the UK.  Does anyone know if this is accurate; that I can obtain that permission to work immediately following the marriage? And, if so, are there any hidden traps of which one needs to be aware?

The marriage visa should automatically give you the right to work in the UK, so all you need is the spousal visa once you are married - you will not be allowed back into the UK as a spouse without it anyway. It is the fiance visa that does not allow you to work, but since you will already be married, you will not be applying for this visa anyway.

My understanding is that I would then have to apply to have the status changed from "temporary" to, I think, 5-years. I've been able to locate several secondary sources that confirm all of this, but I thought it might be wise to try here, among those who've actually emigrated, as well.

I think you're mixing up the different visas here. Once you are married, you apply for a 2-year spousal visa (FLR) which allows you to live and work in the UK. After two years you apply for ILR (indefinite leave to remain) - which gives you permanent residence and then 1 year after that you can become a UK citizen.

The only 5-year rule I know of applies to people on work permits (which again will not apply to you) - after 5 years on a work permit, a US citizen can apply for permanent residence.

Are you pursuing your status under your husband's Irish or British citizenship?

Or you're talking about an EEA residence permit as the spouse of an Irish citizen? http://www.bia.homeoffice.gov.uk/eucitizens/applyingundereuropeanlaw/

Or a two year spousal visa? http://www.ukba.homeoffice.gov.uk/ukresidency/eligibility/partnersandchildren/

Can someone post the link to the advisory I did on this, as I can't find it?

Vicky

Medivisas has published an article, "Advice for nationals of the Republic of Ireland wanting to bring non-EEA partners to the UK", which addresses a gap in in the current literature. The position of Irish nationals is unique in UK law. By way of background, on the Republic of Ireland’s (ROI) separation from the United Kingdom, and then the Commonwealth of Nations, it was decided by Parliament that Irish nationals in the UK would retain certain rights... (more)


http://www.medivisas.com/irish-nationals-eea.asp

Thanks.  I thought it had been published on UKY somewhere as well.....

Vicky