wife of Irish citizen and completely confused

[finnegan]

Hi all,
Firstly happy new year to all. I have been sitting here reading through loads of posts and am still very confused so thought I'd ask for help.....
I am an Australian citizen married to an Irish citizen and we are heading back to Ireland (to hopefully live and work) in 3 weeks and still have no clear idea of what our visa/working situation is I have contacted the irish embassy here in oz and they basically say just arrive present to GNIB and it could take up to 6 months before I am allowed to work (which we really want to avoid) I have tried to get less vague answers through the irish channels but with no luck.

Can anyone who has been through the same situation shed some light on what I need to provide GNIB with and also how long it took to be permitted to work and also what visa/stamp etc you were given as there seems to be a lot of variation.
Any help or advice will be greatly appreciated as we are now panicking and wondering if we should be looking at northern ireland options.
Thanks everyone

[JAJ]

Your experience with Irish visas seems to be par for the course - noone seems to know anything.

If you want to go to the U.K. then the Australian partner needs a spouse or EEA family permit entry clearance (Irish citizens don't have to sponsor under the EEA rules if they prefer not to) : http://www.ukvisas.gov.uk

Has the non-Australian partner got Australian citizenship?

[yankeegirl]

There's no way to get a visa to Ireland beforehand. You enter on a visa waiver and then make the application to remain at the GNIB when you get there. I'm not sure what all you will need, but you would definitely need proof of marriage, passports, etc. Processing times seem to vary.

If you decide to go to Northern Ireland, you can get the entry clearance sorted before leaving Australia and work right away. As JAJ said, there would be two options. UK spouse visa (pricey but get permanent residence after 2 years) or an EEA family permit (free but 5 years before getting permanent residence).

Have a look at the UK embassy website for application processing times. I think it's pretty quick in Australia.

I'm married to an Irish citizen and in Northern Ireland, so feel free to PM me if you want. Good luck!

[finnegan]

hi guys,
thanks for your replies.

No the non aussie doesnt have oz residency the idea was that we go back to Ireland and apply for the non australian's residency for oz while we are there.

We really do want to try and be in the ROI as all of my husbands family are there and thats one of the main motivators to be in the area.

Has anyone entered the ROI tried for a visa there and then changed direction with their strategy and gone for a UK permit as this might be how we end up (take a chance on ROI and then if that isnt working out go to the north or something similar?)
Thanks

[JAJ]

hi guys,
thanks for your replies.

No the non aussie doesnt have oz residency the idea was that we go back to Ireland and apply for the non australian's residency for oz while we are there.

This makes absolutely no sense. Are you aware of the difference between residence and citizenship?

What subclass visa does the non-Australian have (look at the visa label) and how long has he been living in Australia?

Has anyone entered the ROI tried for a visa there and then changed direction with their strategy and gone for a UK permit as this might be how we end up (take a chance on ROI and then if that isnt working out go to the north or something similar?)
Thanks

The British Embassy in Dublin are unlikely to accept a U.K. visa application from someone who is not a legal resident of the ROI. I doubt they accept those on tourist visas.

So it might mean a trip back to Australia.

I don't know what the equivalent rule is for (U.K. issued) EEA family permits.

[finnegan]

Hi Again,
The Irish citizen in is in Australia presently on a working holiday visa, I (the aussie) have had my working holiday visa for Ireland, we are heading to Ireland from Australia together where we plan to spend a couple of years (and during that time ) my husband will apply for a visa to remain in Australia (he has to get his residence before he is eligible for citizenship).
hope this makes more sense
thanks

[Frances1978]

Hi,

I'm not surprised you got told you'd have to wait up to 6 months for residency/stamp 4. I was told the same thing by the Irish Consulate in Auckland.

A few posts here may give you some guidance as to what to do.

http://www.immigrationboards.com/viewtopic.php?t=20343
http://www.immigrationboards.com/viewtopic.php?t=20098
http://www.immigrationboards.com/viewtopic.php?t=19922

Seemingly, you only have to register at the GNIB and you'll get a stamp 4 on the spot, allowing you to work without the requirement of having a work permit. But I guess this cannot be guaranteed as I can't find anything documented by the irish government as to what would generally happen in the case of a non-visa required national married to an irish citizen.

I've not yet been through the process of getting a stamp 4 (my husband is irish), but will share my experience once this has been finalised.

All the best.

[Directive/2004/38/EC]

Has anyone entered the ROI tried for a visa there and then changed direction with their strategy and gone for a UK permit as this might be how we end up (take a chance on ROI and then if that isnt working out go to the north or something similar?)
Thanks

The British Embassy in Dublin are unlikely to accept a U.K. visa application from someone who is not a legal resident of the ROI. I doubt they accept those on tourist visas.

The DSPs are pretty clear. See 2.4.1 of http://www.ukvisas.gov.uk/servlet/Front ... 6679156328

• The non-EEA national could equally have entered the country in some other category (visitor, student etc) and would still be considered as lawfully resident in that Member State. For example, an Indian national married to a French national, who had obtained a visa to enter France as either the spouse of the French national or in some other category (as a visitor, student or work permit holder etc), would be considered 'lawfully resident' in France, if, at the time of application, they were abiding fully by the conditions of that visa.
• Those with valid Schengen visas would be considered lawfully resident in all Schengen states. If there are cases where you are not sure if an applicant can be considered as lawfully resident, please refer the details to ECO Support.
• Evidence of an outstanding application to reside in the member state in question should not be considered as sufficient evidence of lawful residence, and the applicant should be advised to await the outcome of their application before seeking a family permit. This does not apply to those that have entered the country legally and are now applying for a residence card. It only applies to those that have entered the country, for example as asylum seekers, and still have their claim being processed. An asylum seeker who has been given temporary leave to remain in another member state whilst their asylum claim is considered would not qualify as lawfully resident for the purposes of issuing an EEA family permit.

As long as the person is legally in Ireland, they are considered resident for the purposes of getting an EEA family permit.

[JAJ]

Hi Again,
The Irish citizen in is in Australia presently on a working holiday visa, I (the aussie) have had my working holiday visa for Ireland, we are heading to Ireland from Australia together where we plan to spend a couple of years (and during that time ) my husband will apply for a visa to remain in Australia (he has to get his residence before he is eligible for citizenship).
hope this makes more sense
thanks

Is there a plan for your husband to get Irish citizenship while living in the Republic of Ireland, or British citizenship if you go to Northern Ireland?

[finnegan]

thanks for your replies and thanks to Directive/2004/38/EC
that is great information and great news!
JAJ, my husband is Irish and has Irish citizenship by birth already he will be applying for Australian residency (as the husband of an Australian citizen) and then australian citizenship later on once he is eligible.

I am an australian and I am the one that needs the right to work in Ireland but because we have not been married long enough I cannot apply for Irish citizenship so am really just seeking the ability to live and work legally while we are in Ireland, preferably in the shortest amount of time possible as we all know Dublin is not the cheapest city to be in when not earning anything
thanks

[JAJ]

thanks for your replies and thanks to Directive/2004/38/EC
that is great information and great news!
JAJ, my husband is Irish and has Irish citizenship by birth already he will be applying for Australian residency (as the husband of an Australian citizen) and then australian citizenship later on once he is eligible.

I am an australian and I am the one that needs the right to work in Ireland but because we have not been married long enough I cannot apply for Irish citizenship so am really just seeking the ability to live and work legally while we are in Ireland, preferably in the shortest amount of time possible as we all know Dublin is not the cheapest city to be in when not earning anything
thanks

Sorry. What I meant was do you have a plan to get Irish citizenship while living there?

[finnegan]

hi again,
yes I'd love to get Irish citizenship but we only got married this year so dont meet the requirements so unless something changes while we are in Ireland that allows me to apply I'll just have to try for a stamp 4

[JAJ]

hi again,
yes I'd love to get Irish citizenship but we only got married this year so dont meet the requirements so unless something changes while we are in Ireland that allows me to apply I'll just have to try for a stamp 4

You might be eligible for Irish citizenship in around 3 years time, if the plan is to stay that long. Although processing times are long - 2 to 3 years currently.

[seabhcan]

If you're married to an Irish citizen, rather than an EU citizen, things are a lot easier.

My wife and I (Irish) arrived to the GNIB office one thursday afternoon last summer. We had been in Ireland for a few months, I'd found a job and she was looking. We'd lived in the UK before and it had taken 6 months for her to renew her visa, so we were ready for anything.

We pilled all our documents on the desk. The Garda asked us a few question, disappeared for a few minutes, and then told us to take a seat.

10 minutes later they issued a 5 year green card. Very quick and efficient.

However, I have had problems with getting Irish visas before, so its not all roses. And you'll read a lot of horror stories on this site. My advice is come with every proof and document you can think of, and don't take no for an answer.