Expired visa in Ireland

[CONFE2024]

Hi! I hope somebody could give me some advice. My situation is that my student visa (stamp 2) expired in December 2018. I’m in a relationship with a European who has been living for more than 10 years in Ireland. We have been together for 3.5 years and we live together for 2.5 years. We contacted a solicitor to try to sort out my situation. They said that the best way is to go to my home country and get married there and then come back and show the marriage certificate. As my country does not require a visa for entry, I would like to know how high the risk is of being denied entry to the country."
Should I change my passport? or just with the marriage certificate is enough
Or *Get married in Ireland
Thank you and I hope not to be so judged..

[meself2]

I’m in a relationship with a European who has been living for more than 10 years in Ireland.

Is this person an Irish citizen or a EU citizen of any other country but Ireland? What nationality are they? It's an important distinction.

Should I change my passport?

What for? You cannot change your date of birth or biometrics.

Or *Get married in Ireland

You would have to get approval from ISD to do so and they might as well deny it.

Depending on your partner's nationality, going back to your country and marrying there might be the best option.

[CONFE2024]

Hi! Thank you for your reply he is from Belgium

[CONFE2024]

about the passport is because they can confirm that I overstay and then they can deny me to entry in Ireland, even if I have the marriage certificate

[meself2]

Assuming your partner exercises their treaty rights in Ireland (I assume he works), the option advised to you seems to be the most straightforward.

Once you've married, you're family member of EU citizen, so unless there's some extreme crimes you've done (like terrorism), they should let you in just fine, as otherwise your freedom of movement will be violated. I assume @Angel99 will weigh in on this as well.

If they would want to deny you entry, new passport would not help. So IMO don't bother.

[CONFE2024]

Thank you @meself2 for your answer, not I don't have any criminal record. Thank you so much for your time!

[Angel99]

Hi,

@meself2 has given you the best answer. Go back to your home country or any country easy to marry and return. But don't return immediately after marriage, give it atleast 3 - 6 months. If possible spend the months i mentioned, in your country with your spouse or get some residence with your spouse in a EU/Schengen country and then return to Ireland after 3 - 6 months. This will rule out marriage of convenience.

[User20123]

Hi! I hope somebody could give me some advice. My situation is that my student visa (stamp 2) expired in December 2018. I’m in a relationship with a European who has been living for more than 10 years in Ireland. We have been together for 3.5 years and we live together for 2.5 years. We contacted a solicitor to try to sort out my situation. They said that the best way is to go to my home country and get married there and then come back and show the marriage certificate. As my country does not require a visa for entry, I would like to know how high the risk is of being denied entry to the country."
Should I change my passport? or just with the marriage certificate is enough
Or *Get married in Ireland
Thank you and I hope not to be so judged..

Get married in Ireland before going anywhere. Border control can access all your data and knowing that you didn't have visa for a few years in the country so that can surly put you at risk of being refused. However, your partner is an EU citizen and if you marry your partner in Ireland you can easily sort the issue out as opposed to going back home, getting married and coming back. Get married here before leaving the state and since you have been with your partner for long so it will be easy for you to get it sorted here

[CONFE2024]

Thank you so much for your help both of you. By any chance @Angel99, do you have support for this rule? I would like to read it before making a decision, as well as consider the selection of which solicitor to choose. I really appreciate it. Unfortunately, due to his job, it is not possible for him to be away for 3 months.

[Angel99]

Thank you so much for your help both of you. By any chance @Angel99, do you have support for this rule? I would like to read it before making a decision, as well as consider the selection of which solicitor to choose. I really appreciate it. Unfortunately, due to his job, it is not possible for him to be away for 3 months.

Hi,

There is no rule about staying away for couple of months after marriage but that's the best advise. You can stay away for 3 months in your country then on the 3rd month let your soon to be spouse travel to you and accompany you to Ireland. You do not need any solicitor and if you choose to stay with your illegal status as an EU partner, you will have to battle with the Minister of Justice.

It would have been a different case and easy if you were illegal but a spouse.

It will be very hard to get married on the Island too.

[joker]

You don't have any option but to leave. A condition you agreed to when you sumitted your application. Overstay will make it more difficult you delibrately didn't abid by your conditions so why would you in future?