Hello members, I am somewhat confused as to what Visa my wife should apply for. I am a resident of Northern Ireland and I hold an Irish passport. Do I apply to the UK for a spouse Visa or do I apply to the EU for a family permit?

My wife has had two previous visitor visa's to the UK and we completed the visa application ourselves. What different documents are required for the spouse visa/eu family permit? I do know that i have to get the marriage certificate translated and stamped.

Thanks in advance for your replies

Mike.

Are you a dual British and Irish national, that is born in Northern Ireland?

If so, the UK finally implemented the McCarthy judgment in July 2012 (see here).

This basically means that you cannot use your Irish nationality to obtain an EEA family permit for your wife to live in the UK unless you have at some time lived in Ireland, and vice versa.

Therefore your wife will have to apply for settlement under the UK's immigration rules. See UK Settlement Visa Basics.

However, if you were born in the Republic and so are an Irish citizen only, then as you are living in a member state other than one of which you are a national your wife can apply for an EEA family permit.

As advised by 7/7 its either if you qualify feel free to contact our office if you require further advice.

...or, of course, post here to ask any question you may have, but if in the end you need the help of a visa agent, our sponsors come highly recommended.