Visa situation while waiting for citizenship result

[jdynm]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

[yala93]

What stamp are you on?

[max307]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

By some of your previous posts I saw that you are on a Civil Partnership to an Irish citizen (Stamp 4 I assume) but hoping to apply for naturalisation on your own right, basically 5 years of residence in the country.

This is a tricky situation because you will need to have a valid permission (Stamp 4, Stamp 4EUFAM, etc.) before, during and after your application is being processed by the Citizenship Division. The last step of your application for naturalisation is to provide your unexpired GNIB (now IRP) card, if you are unable to renew it how are you planning to apply for naturalisation?

Are you unable to renew your Stamp 4 because you are no longer with your Irish spouse? If that’s the case, did you inform INIS of the change in your personal circumstances?

I know others in the forum have successfully applied for Retention of Rights after divorcing their EU/Irish spouses and were able to apply for naturalization afterwards but we will need more details from your case in order to be able to advise you better.

[jdynm]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

By some of your previous posts I saw that you are on a Civil Partnership to an Irish citizen (Stamp 4 I assume) but hoping to apply for naturalisation on your own right, basically 5 years of residence in the country.

This is a tricky situation because you will need to have a valid permission (Stamp 4, Stamp 4EUFAM, etc.) before, during and after your application is being processed by the Citizenship Division. The last step of your application for naturalisation is to provide your unexpired GNIB (now IRP) card, if you are unable to renew it how are you planning to apply for naturalisation?

Are you unable to renew your Stamp 4 because you are no longer with your Irish spouse? If that’s the case, did you inform INIS of the change in your personal circumstances?

I know others in the forum have successfully applied for Retention of Rights after divorcing their EU/Irish spouses and were able to apply for naturalization afterwards but we will need more details from your case in order to be able to advise you better.

Hi Max,

Thank you for your reply.

I haven't informed because we are still civil partners.
We have been in the partnership for 7 years in January 2019.
We are separated because of my gender change that happened here in Ireland. We were previsoly in a same sex partnership.
I have a gender recogtion cert and deed poll for name change done here in Ireland.

I have. good job and been in good character here for these 7 years

How would you recommend me to proceed?

[max307]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

By some of your previous posts I saw that you are on a Civil Partnership to an Irish citizen (Stamp 4 I assume) but hoping to apply for naturalisation on your own right, basically 5 years of residence in the country.

This is a tricky situation because you will need to have a valid permission (Stamp 4, Stamp 4EUFAM, etc.) before, during and after your application is being processed by the Citizenship Division. The last step of your application for naturalisation is to provide your unexpired GNIB (now IRP) card, if you are unable to renew it how are you planning to apply for naturalisation?

Are you unable to renew your Stamp 4 because you are no longer with your Irish spouse? If that’s the case, did you inform INIS of the change in your personal circumstances?

I know others in the forum have successfully applied for Retention of Rights after divorcing their EU/Irish spouses and were able to apply for naturalization afterwards but we will need more details from your case in order to be able to advise you better.

Hi Max,

Thank you for your reply.

I haven't informed because we are still civil partners.
We have been in the partnership for 7 years in January 2019.
We are separated because of my gender change that happened here in Ireland. We were previsoly in a same sex partnership.
I have a gender recogtion cert and deed poll for name change done here in Ireland.

I have. good job and been in good character here for these 7 years

How would you recommend me to proceed?

The reality is that you won't be able to renew your Stamp 4 without your Irish partner physical presence and you will need a valid Stamp 4 in order to apply and successfully get Irish naturalisation, you are in a "catch-22" situation at the moment.

I think that you will need to inform INIS to see what they can advise you.

If the Civil Partnership is irreparably broken then the next step would be to legally end it so you can apply for Retention of Rights on your own, then permanent residence and then Irish naturalisation but this is my own opinion and I'm not sure if it works that way from INIS point of view.

This is what I was able to find on their website:

"An application for an EU3 Permanent Residence Card which is made on the basis of retained rights will not be accepted unless the non-EEA national applicant has already been approved for the retention of their Residence Card on an individual basis. An Application for the Retention of a Residence Card can be made on Form EU5 (below). Retention of a Residence Card is required where the EU citizen of whom the non-EEA national is a family member has died or departed from the State, or in the event of the divorce or annulment of marriage between the non-EEA national and the EU citizen."

[jdynm]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

By some of your previous posts I saw that you are on a Civil Partnership to an Irish citizen (Stamp 4 I assume) but hoping to apply for naturalisation on your own right, basically 5 years of residence in the country.

This is a tricky situation because you will need to have a valid permission (Stamp 4, Stamp 4EUFAM, etc.) before, during and after your application is being processed by the Citizenship Division. The last step of your application for naturalisation is to provide your unexpired GNIB (now IRP) card, if you are unable to renew it how are you planning to apply for naturalisation?

Are you unable to renew your Stamp 4 because you are no longer with your Irish spouse? If that’s the case, did you inform INIS of the change in your personal circumstances?

I know others in the forum have successfully applied for Retention of Rights after divorcing their EU/Irish spouses and were able to apply for naturalization afterwards but we will need more details from your case in order to be able to advise you better.

Hi Max,

Thank you for your reply.

I haven't informed because we are still civil partners.
We have been in the partnership for 7 years in January 2019.
We are separated because of my gender change that happened here in Ireland. We were previsoly in a same sex partnership.
I have a gender recogtion cert and deed poll for name change done here in Ireland.

I have. good job and been in good character here for these 7 years

How would you recommend me to proceed?

Hi max,

Why do I need EU3? Wouldn’t EU5 be enough?
What kind of visa can I get? Working?
Is this valid in all EU? Is there anything that I can do here only to extend my visa here only for a couple of months?
Do I risk ending the partnership and end up with no visa?

[2pac4ever]

since you have a job, why can’t you switch your visa to a Stamp 1 work permit? would it not be easier to renew it?

[max307]

Hi there.

My current Visa expires in December 2019 and I'm applying for Citizenship now.
It won't probably be ready before the end of my current Visa and I'm not able to renew it.

What would be my alternative?

I work full time in a place that I will be required to provide documents once my current Visa is expired.

Any suggestions?

By some of your previous posts I saw that you are on a Civil Partnership to an Irish citizen (Stamp 4 I assume) but hoping to apply for naturalisation on your own right, basically 5 years of residence in the country.

This is a tricky situation because you will need to have a valid permission (Stamp 4, Stamp 4EUFAM, etc.) before, during and after your application is being processed by the Citizenship Division. The last step of your application for naturalisation is to provide your unexpired GNIB (now IRP) card, if you are unable to renew it how are you planning to apply for naturalisation?

Are you unable to renew your Stamp 4 because you are no longer with your Irish spouse? If that’s the case, did you inform INIS of the change in your personal circumstances?

I know others in the forum have successfully applied for Retention of Rights after divorcing their EU/Irish spouses and were able to apply for naturalization afterwards but we will need more details from your case in order to be able to advise you better.

Hi Max,

Thank you for your reply.

I haven't informed because we are still civil partners.
We have been in the partnership for 7 years in January 2019.
We are separated because of my gender change that happened here in Ireland. We were previsoly in a same sex partnership.
I have a gender recogtion cert and deed poll for name change done here in Ireland.

I have. good job and been in good character here for these 7 years

How would you recommend me to proceed?

Hi max,

Why do I need EU3? Wouldn’t EU5 be enough?
What kind of visa can I get? Working?
Is this valid in all EU? Is there anything that I can do here only to extend my visa here only for a couple of months?
Do I risk ending the partnership and end up with no visa?

Why do I need EU3? Wouldn’t EU5 be enough?

EU5 is for non-EU citizens seeking to retain permission after divorce/annulment or the death or departure of the EU citizen. You are in a Civil Partnership at the moment, you will need to legally end the Civil Partnership first in order to apply for EU5. In order for a court to grant a dissolution (end Civil Partnership) the parties must have been living apart from one another for a period amounting to 2 out of the previous 3 years before the application is made.

What kind of visa can I get? Working?

Assuming that INIS grants your permanent residence application you will be given a Stamp 4 and be allowed to work and live in Ireland as you are doing at the moment.

Is this valid in all EU? Is there anything that I can do here only to extend my visa here only for a couple of months?

No, nothing you can do to extend your visa for only a couple of months. My advise is to get some help as soon as possible and notify INIS of the change in your circumstances or you will end up with no visa and gaps in your residency that will affect any application (naturalisation) down the line.

Do I risk ending the partnership and end up with no visa?

It could be the case but my guess is that INIS will take into consideration all the circumstances and you might end up with a permanent residence card since you have been a resident in Ireland for almost 7 years.

[jdynm]

I contacted them and them and they requested some documents and answers for some questions.

Im not sure if I need to send my original passport and how long does it take to her back and receive my original documents back.

This seems to be the answer, just hopping for the best