C Type visa and marrying

[mickopla30]

I'm an Irish Citizen and am getting married to my non eu finacee at the end of March. We obtained our date for marriage when she was here on a C type visa from October to the beginning of January. She is due to come back here at the start of March so we can get married. My question is do we mention in her C Type visa application that we have a marriage date set or would it be better to just say she is coming for a holiday and don't mention our getting married at all? Is honestly not the best policy in this situation???

[scrudu]

Hi mickopla30,

Honesty is usually the best policy. My husband and I were in the same situation. We wrote honesty that he was applying to return (on a 2nd C-Type visa) for our marriage date in Ireland. His visa was issued without hassle. Fingers crossed it'll be the same for you.

That said, it doesn't help that you stated this on the application to help you get an extension of a visa, or be allowed change the visa status from C-Type to D-Type within the country. Your spouse will still have to leave after the marriage to apply to return on a D-Type visa.

All the best

[mickopla30]

Hi mickopla30,

Honesty is usually the best policy. My husband and I were in the same situation. We wrote honesty that he was applying to return (on a 2nd C-Type visa) for our marriage date in Ireland. His visa was issued without hassle. Fingers crossed it'll be the same for you.

That said, it doesn't help that you stated this on the application to help you get an extension of a visa, or be allowed change the visa status from C-Type to D-Type within the country. Your spouse will still have to leave after the marriage to apply to return on a D-Type visa.

All the best

As you said honesty is usually the best policy but not always. I still think its risky and a gamble to mention our marriage as this may just give them an excuse to knock her application. The most important thing is that she gets the visa and we can get married. Technically she is coming here as a tourist and will leave before the 90 days is up. So i would tend to not mention our marriage as its just too risky and too much of a gamble. Has anyone other than scrudu been is this situation???

[archigabe]

A few years ago, I had applied for my 2nd visit visa and provided documents from registrar's office confirming appointment as proof of intention to marry.Visit visa application was rejected, and one of the reasons on the checkbox was 'reasons of national security'.

[scrudu]

Wow archigabe, i didn't know that! How crazy!

The reason we chose to answer honestly, was we didn't want anyone in the future to be able to say we'd lied about our reason for him entering the country. If we'd said "for tourism purposes", I didn't want that held over our heads at some later stage by the DoJ.

[archigabe]

Yes, we were a bit amused that this government would look at me like that when even the Americans had no issues with me...Talk about big egos!
Well, we have made them pay for their attitude...they are not only paying us damages, but solictors costs as well which is almost upto 50,000 euros if you add up expenses on both sides...I guess in a way we have proved to be a threat to them

A visit visa can go either way...there's no guarantees.

[scrudu]

As before archigabe, i'm sorry you had to go through these years of craziness, but am very glad you got at least your costs recompensated in the end. All I can say is that you and your wife must be a very determined and solid couple to be able to stick together through all that chaos!

In light of what Archigabe has said, I'd go with his suggestion of only applying for a Tourist visa to enter the country. Although I think you should have a good look at the new Immigration Bill that was just introduced. I'm not sure if it has to be followed immediately, but according to that, you and your fiance would have to first request the permission of the Minister for Justice to be allowed to marry. It says that marriages solemnised without such approval will be deemed invalid. I'm not sure they even have a process in place to do such a thing though!

[quote]123.
(1) The marriage of a foreign national and an Irish citizen does not, of itself, confer a right on the foreign national to enter or 35 be present in the State.
(2) A marriage purportedly contracted in the State between two persons one or each of whom is a foreign national is invalid in law unless the foreign national or, as the case may be, each of them—

• (a) has, not later than 3 months before the date of solemnisation of the marriage, given notification in the prescribed form to the Minister of the intention to marry, and
  (b) is at the time of the marriage, the holder of an entry permission issued for the purpose of the intended marriage or a residence permission (other than a protection application entry permission or a non-renewable residence permission).

(3) The Minister may, on an application in the prescribed form made to him or her by each of the parties to a proposed marriage and accompanied by the prescribed fee, grant exemption from subsection (2)(b) to the foreign national or, as the case may be, each of the foreign nationals who is a party to the proposed marriage.
(4) The Minister may refuse an application under subsection (3) where he or she is satisfied that to grant it—

• (a) would adversely affect the implementation of an earlier decision under this Act relating to one or both of the parties to the proposed marriage, 15
  (b) would create a factor bearing on a decision yet to be taken under this Act relating to one or both of those parties,
  (c) would not be in the interests of public security, public policy or public order (“ordre publicâ€

[archigabe]

is at the time of the marriage, the holder of an entry permission issued for the purpose of the intended marriage or a residence permission (other than a protection application entry permission or a non-renewable residence permission.

When they don't have a 'fiancee' visa in place like the U.K, I don't know how they can make demands like this.

On the other hand,if your girlfriend is applying for a visit visa and she intends to state the purpose of visit as 'marriage', then I would suggest providing as much 'proof of relationship' as you would in a spouse visa application.
You should treat the application as you would a 'lottery', what didnt work for us could probably work for you.

[mickopla30]

[quote="scrudu"]As before archigabe, i'm sorry you had to go through these years of craziness, but am very glad you got at least your costs recompensated in the end. All I can say is that you and your wife must be a very determined and solid couple to be able to stick together through all that chaos!

In light of what Archigabe has said, I'd go with his suggestion of only applying for a Tourist visa to enter the country. Although I think you should have a good look at the new Immigration Bill that was just introduced. I'm not sure if it has to be followed immediately, but according to that, you and your fiance would have to first request the permission of the Minister for Justice to be allowed to marry. It says that marriages solemnised without such approval will be deemed invalid. I'm not sure they even have a process in place to do such a thing though!

[quote]123.
(1) The marriage of a foreign national and an Irish citizen does not, of itself, confer a right on the foreign national to enter or 35 be present in the State.
(2) A marriage purportedly contracted in the State between two persons one or each of whom is a foreign national is invalid in law unless the foreign national or, as the case may be, each of them—

• (a) has, not later than 3 months before the date of solemnisation of the marriage, given notification in the prescribed form to the Minister of the intention to marry, and
  (b) is at the time of the marriage, the holder of an entry permission issued for the purpose of the intended marriage or a residence permission (other than a protection application entry permission or a non-renewable residence permission).

(3) The Minister may, on an application in the prescribed form made to him or her by each of the parties to a proposed marriage and accompanied by the prescribed fee, grant exemption from subsection (2)(b) to the foreign national or, as the case may be, each of the foreign nationals who is a party to the proposed marriage.
(4) The Minister may refuse an application under subsection (3) where he or she is satisfied that to grant it—

• (a) would adversely affect the implementation of an earlier decision under this Act relating to one or both of the parties to the proposed marriage, 15
  (b) would create a factor bearing on a decision yet to be taken under this Act relating to one or both of those parties,
  (c) would not be in the interests of public security, public policy or public order (“ordre publicâ€