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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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hi, I was born in Dublin, Ireland from both parents who are

Resolved Question:

hi, I was born in Dublin, Ireland from both parents who are from derry n.ireland (uk) and now living in derry northern Ireland (uk), im heading to the states to get married to an American lady and bring her over here and want to know how to exercise my treaty rights or where do I exercise them, as I understand it I bring her into Dublin and drive home to uk just want to know the legalities of it and how to go about it Richard,

also what type of marriage cert is required for proof ?

Submitted: 2 years ago.
Category: Law
Expert:  UKSolicitorJA replied 2 years ago.
Hello Richard,
You are entitled to hold both Irish and UK passports and I assume that you hold both passports.
As a dual UK national, your cannot exercise treaty rights but would need to bring your wife on a UK spouse settlement visa which she needs to apply from the US. As such, you will need to be earning at least £18600 per annum for your wife to qualify.
See here for the application process
https://www.gov.uk/join-family-in-uk
If you do not have a UK passport, you may simply say that you are an Irish national exercising treaty rights in the UK e.g. Working, studying or simply living off savings.
In that case your wife needs to apply for an EEA Family Permit to enter the UK.
May I help further?
Customer: replied 2 years ago.

apologies, I hold an irish passport only, so I can exercise my treaty rights,

so how and where do I do it,? is it just by applying for the eea form ? does my wife say that im excercising them at immigration ?

Expert:  UKSolicitorJA replied 2 years ago.
If your wife manages to get into the UK through a Ireland, then she may apply for a residence card. She doesn't need to apply as her right to reside in the UK is already recognised under EEA regulations provided you are working or studying etc in the UK.
Examples how you may show that you are exercising treaty rights in the UK is payslips, letters of employment etc
Hope this helps
Customer: replied 2 years ago.

so im just going to clarify,

im working full time , wife will fly into Dublin , then drive up north to u.k.to me in derry.

she has to apply for residence permit when she gets here,

also we are marrying in America in florida, what marriage cert is required in uk ???

Expert:  UKSolicitorJA replied 2 years ago.
The American marriage certificate is acceptable in the UK.
Yes, your wife applies for a residence card using form EEA 2
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/314846/EEA_2_Residence_Card_06-14.pdf
All the best
UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 2 years ago.

many thanks to you and very helpful kind sir

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