ESC

Click the "allow" button if you want to receive important news and updates from immigrationboards.com


Immigrationboards.com: Immigration, work visa and work permit discussion board

Welcome to immigrationboards.com!

Login Register Do not show

Marriage date got but visa extension refused.

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

Locked
mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Marriage date got but visa extension refused.

Post by mickopla30 » Tue Dec 11, 2007 6:29 pm

My girlfriend is in Ireland on a holiday visa which expires early January. We went to the registrar and got a date for our wedding which is the end of March and went to the local immigration office to get an extension on my fiancees visa. We were refused an extension on her visa even though we had a date set for our wedding. Immigration said my finacee would have to leave when her visa expires and apply for another visa. Has anybody out there been in our situation and got an extension to a holiday visa after getting an offical date for a wedding????? The thoughts of my fiancee having to leave and try to get in on another holiday visa is killing me. Can anyone please advise us on anything we can do to avoid my finacee having to go home????

Thank You

mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Re: Marriage date got but visa extension refused.

Post by mickopla30 » Thu Dec 13, 2007 4:03 pm

mickopla30 wrote:My girlfriend is in Ireland on a holiday visa which expires early January. We went to the registrar and got a date for our wedding which is the end of March and went to the local immigration office to get an extension on my fiancees visa. We were refused an extension on her visa even though we had a date set for our wedding. Immigration said my finacee would have to leave when her visa expires and apply for another visa. Has anybody out there been in our situation and got an extension to a holiday visa after getting an offical date for a wedding????? The thoughts of my fiancee having to leave and try to get in on another holiday visa is killing me. Can anyone please advise us on anything we can do to avoid my finacee having to go home????

Thank You
Anyone got any ideas on this???????????

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 2:43 pm

Post by microlab » Thu Dec 13, 2007 8:26 pm

My girlfriend is in Ireland on a holiday visa which expires early January.
According to the visa rules she can not extend her stay.
She should have had type D, long stay visa.

More info in here @

http://www.inis.gov.ie/en/INIS/Pages/WP07000157

http://www.inis.gov.ie/en/INIS/Informat ... 20Form.pdf

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Thu Dec 13, 2007 11:59 pm

unfortunately a 'C' type visit visa cannot be extended beyond the 90 day stay.The GNIB were quite adamant on that with another poster on this forum when she tried to renew her fiancee's stay in Ireland.

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Fri Dec 14, 2007 1:34 pm

Hi mickopla30,

I was in the same situation as you over a year ago now. The DoJ would not extend my fiancé's Tourist Visa, despite us having a booking with the Registrar in Dublin to marry. In the end after appealing their decision, he had to leave and we missed our wedding date. We rearranged a new date with a different Registrar, and he went home and applied for a new visa to return. He then returned for us to marry. The only visa they would issue was again a 90 day C-Tourist Visa. So only weeks after our marriage he again had to leave, to apply for a D-Spouse visa to return to the country and reside.

It's a long and painful process :(

Your girlfriend could always stay on and get married to you, and then leave after that (to get her D-Spouse Visa), but I'm not sure what the future ramifications are for marrying while an illegal in the State. It wouldnt have any bearing on the validity of your marriage, but could count against her D-Spouse Visa application? I honestly don't know.

mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Post by mickopla30 » Fri Dec 14, 2007 7:01 pm

scrudu wrote:Hi mickopla30,

I was in the same situation as you over a year ago now. The DoJ would not extend my fiancé's Tourist Visa, despite us having a booking with the Registrar in Dublin to marry. In the end after appealing their decision, he had to leave and we missed our wedding date. We rearranged a new date with a different Registrar, and he went home and applied for a new visa to return. He then returned for us to marry. The only visa they would issue was again a 90 day C-Tourist Visa. So only weeks after our marriage he again had to leave, to apply for a D-Spouse visa to return to the country and reside.

It's a long and painful process :(

Your girlfriend could always stay on and get married to you, and then leave after that (to get her D-Spouse Visa), but I'm not sure what the future ramifications are for marrying while an illegal in the State. It wouldnt have any bearing on the validity of your marriage, but could count against her D-Spouse Visa application? I honestly don't know.
Can my Finacee only get the D Visa if we are married or are there other ways to get a D visa? Its crazy that she will have to leave and then come back again and we get married and then leave again apply for the D visa and come back. Its bloody crazy.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Fri Dec 14, 2007 7:14 pm

See if you can get an earlier wedding appointment from some other county registrar?

mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Post by mickopla30 » Fri Dec 14, 2007 8:30 pm

archigabe wrote:See if you can get an earlier wedding appointment from some other county registrar?
The earliest we could get married would be the 4th of March as there is a 3 month wait by law to get married and my girlfriend has to leave on Jan 2nd so getting an earlier date would'nt be an advantage. Unless she overstayed her visa. How serious would it be to overstay? Would she endanger her chances of getting back into the country if she left after we got married?

joelsut
Newly Registered
Posts: 15
Joined: Tue Oct 16, 2007 3:46 pm
Location: Dublin

Post by joelsut » Fri Dec 14, 2007 9:04 pm

Check with the marriage register office. There is a process of requesting a bypass of the 3 month waiting period. You would have to write a letter. i just can't remember where or to whom.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Sat Dec 15, 2007 2:24 pm

You can cut down on the hassle by marrying abroad, or if you can get married at Church (which has the authority to issue marriage licences)...it makes no difference in the spouse visa process. I wouldn't advice you to put your future in jeopardy by overstaying to get married.

microlab
Member
Posts: 203
Joined: Thu Apr 12, 2007 2:43 pm

Post by microlab » Sat Dec 15, 2007 7:04 pm

Unless she overstayed her visa.
Dont even contemplate that.

scrudu
Senior Member
Posts: 649
Joined: Wed Mar 22, 2006 2:00 pm
Location: Dublin, Ireland

Post by scrudu » Mon Dec 17, 2007 10:57 am

The D Type of visa is only issued to Permanent Residents (those granted asylum, spouses of Irish citizens, spouses of EU citizens etc.), so cannot be issued to your fiancee. She will only be eligible for the D Visa if she is your spouse.

Yes, it is a crazy. Welcome to the Irish immigration system :( The concept of Fiancé visas does not exist which makes it incredibly difficult for people to marry here.

You never know when the overstay will catch up with her. If she was illegally here while you married, she could endanger her chances of being issued with a D-Spouse visa when she returns to her own country. Also, when she gets to applying for LTR or Naturalisation (if she so chooses), it will be clear by the Visa dates & Marriage dates that she overstayed, which could count against her.

I haven't heard of any way to skip the 3 month waiting period, as this is an Irish Legal requirement, which should be imposed by both State (Registrars) and Church.

If you wish to marry in Ireland, the plan would be as follows: Keep the Marriage date in March (if you already have one), your girlfriend should go home and apply for a C-Tourist visa to return to Ireland for your marriage, and then after the marriage she should leave again, and apply for a D-Spouse visa to return to Ireland.

If you marry abroad (her home or elsewhere): you should both leave & get married. Your then wife, could then apply for a D-Spouse visa at the local Embassy to return to Ireland.

mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Post by mickopla30 » Mon Dec 17, 2007 7:24 pm

scrudu wrote:The D Type of visa is only issued to Permanent Residents (those granted asylum, spouses of Irish citizens, spouses of EU citizens etc.), so cannot be issued to your fiancee. She will only be eligible for the D Visa if she is your spouse.

Yes, it is a crazy. Welcome to the Irish immigration system :( The concept of Fiancé visas does not exist which makes it incredibly difficult for people to marry here.

You never know when the overstay will catch up with her. If she was illegally here while you married, she could endanger her chances of being issued with a D-Spouse visa when she returns to her own country. Also, when she gets to applying for LTR or Naturalisation (if she so chooses), it will be clear by the Visa dates & Marriage dates that she overstayed, which could count against her.

I haven't heard of any way to skip the 3 month waiting period, as this is an Irish Legal requirement, which should be imposed by both State (Registrars) and Church.

If you wish to marry in Ireland, the plan would be as follows: Keep the Marriage date in March (if you already have one), your girlfriend should go home and apply for a C-Tourist visa to return to Ireland for your marriage, and then after the marriage she should leave again, and apply for a D-Spouse visa to return to Ireland.

If you marry abroad (her home or elsewhere): you should both leave & get married. Your then wife, could then apply for a D-Spouse visa at the local Embassy to return to Ireland.
Thanks for the info, looks like we will have to do one of those things. All we want is to be together but with these stupid rules its so difficult. Hopefully in the end it will be a happy ending.

archigabe
Moderator
Posts: 1238
Joined: Thu Jan 26, 2006 9:59 am
Location: Dublin

Post by archigabe » Mon Dec 17, 2007 7:42 pm

Don't plan on things being resolved quickly though! You are going to need lots of patience.

mickopla30
Newly Registered
Posts: 19
Joined: Tue Dec 11, 2007 6:15 pm

Post by mickopla30 » Thu Dec 27, 2007 4:13 pm

My finacee will return home next week and hope to come back here in March and we get married as planned. Would it be best for her to say she is coming for a holiday when she applies for her visa to come back??? Would it be totally a bad idea to mention she will get married here when applying for the visa? Would she have any chance of getting a D visa if she applied for it. Tia

Locked