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Reporting non EU wife to GNIB

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

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blondi
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Joined: Mon May 04, 2009 7:50 am

Reporting non EU wife to GNIB

Post by blondi » Sun May 17, 2009 3:33 pm

Hi Guys,
Firstly, let me say what a professional site and great community. I’ve been an avid reader of the forums since 2006, but tits my first time to post a subject.

I’m Irish, married an Asian in 2006 July in ireland. We were perfect for each other. The marriage went great for first three months. We are both working, no kids, no property and independent etc....

We fought nonstop, nothing physical, just debates over the most stupid things in life. She decided to leave the martial home, with her illegal sister after 2 years 4 months married. (Sister in hindsight was never going home, another reason for fighting). The both rent a property nearby.

My dilemma is at present she won’t enter into a legal separation, dismisses my solicitors letters, despite having her own solicitor. I’ve mentioned this to GNIB officer, they don’t seem interested, despite she has to be married to me for 3 years and I have to sign a letter to that affect. I’ve reported her “overstayedâ€

JAJ
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Joined: Sun Oct 23, 2005 9:29 pm
Australia

Post by JAJ » Sun May 17, 2009 4:30 pm

Maybe go to see an immigration solicitor?

You can't deport her, obviously you don't sign any further support for her in immigration and citizenship terms, but the authorities are the ones who have to decide what to do with her.

Also go to see a family law solicitor to ensure you do the right thing in terms of any separation agreement. Hopefully, you have documented everything.

Cases like this happen all the time. Some countries have adapted their system to only give temporary status to spouses initially, Ireland has not.

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

Post by scrudu » Mon May 18, 2009 8:16 am

I don't see that there's much you can/should do regarding your wife's sister at this stage. She has presumably overstayed the conditions of her visa already (tourist presumably), so this is now a matter for the DoJ to pursue.

Regarding the separation/divorce from your wife, you really need to see a Family law solicitor as the failure of one party to sign the separation documents is nothing new.

Regarding your wife's right to apply for Irish citizenship on the basis of her Marriage to an Irish citizen: she may only apply on these grounds if the marriage is subsisting at the time of application and that you are still living as husband and wife. If you read the info at the following DoJ Site:
Naturalisation of spouses of Irish citizens
If you are married to an Irish citizen and living in the island of Ireland, you may meet special conditions for naturalisation based on that marriage if:
  • • You are of full age (i.e. eighteen years or older, or married if younger than eighteen).
    • You are of good character.
    • You are married to your Irish citizen spouse for a period of not less than 3 years.
    • Your marriage is recognised under the laws of the State as subsisting.
    • You and your Irish citizen spouse are living together as husband and wife and your Irish spouse submits to the Minister an affidavit in the prescribed form to that effect.
    • You have had immediately before the date of the application a period of one year’s continuous residence in the island of Ireland, and
    • You have had, during the 4 years immediately preceding that period, a total residence in the island of Ireland amounting to 2 years.
    • You intend in good faith to continue to reside in the island of Ireland after naturalisation and
    • You make a declaration of fidelity to the nation and loyalty to the State (see below for the point in the process at which this is required).
The Minister for Justice, Equality and Law Reform has power (in his or her absolute discretion) to waive one or more of the conditions outlined above in the case of a non - national spouse of an Irish citizen applying for naturalisation if satisfied that the applicant would suffer serious consequences in respect of his or her bodily integrity or liberty if not granted Irish citizenship.
If you are separated then your marriage would not be considered to be subsisting. There is a clause at the end that states that the Minister has the right to waive any of the conditions if they fear that the applicant would suffer "serious consequence in respect of her bodily integrity or liberty if not granted Irish citizenship" but I've no idea how one can prove such a thing (unless as a refugee applicant would).

As JAJ suggested, you should not sign any document saying that the marriage is subsisting if it is not.

zafarzafar
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Location: Dublin

Post by zafarzafar » Tue May 19, 2009 2:13 pm

Man i think u r a cheap character.
this is all u can do to report ur wife and her sister to immigration authorities, but i hope nothing would happen wrong to them.
when u need ur wife , u married her, sexed with her and enjoyed ur time with her but when u dont need her u wanted to f** her off from this country.
this is a free world man, try to live like a man not like a rabbit.....
try to learn from ur mistakes and start living as a new person. this is my sincere advice.

Ben
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Location: Elsewhere
Contact:

Post by Ben » Tue May 19, 2009 4:28 pm

zafarzafar wrote:Man i think u r a cheap character.
this is all u can do to report ur wife and her sister to immigration authorities, but i hope nothing would happen wrong to them.
when u need ur wife , u married her, sexed with her and enjoyed ur time with her but when u dont need her u wanted to f** her off from this country.
this is a free world man, try to live like a man not like a rabbit.....
try to learn from ur mistakes and start living as a new person. this is my sincere advice.
Please don't.

blondi
Newly Registered
Posts: 9
Joined: Mon May 04, 2009 7:50 am

thank you

Post by blondi » Tue May 19, 2009 8:13 pm

Hi guys,
Without prejudice!!!

Thank you so much for the advice, understanding, shared aims, support etc... I will take on board your pro-active suggestions; act appropriately and within your reminders and instruction/ guidelines set by legal eagles and associated government bodies.

My solicitor is as perplexed as me with this situation. So, at this juncture my best advice is to wait and seek (expensive!!!) judicial separation. It’s the only route now that’s practical and safe, somewhat civilised (whatever that means in legal terms) and rational given the reality of my situation.
Please forgive me if I don’t reply to the opinion from zafarzafar Junior Member.

I wouldn’t ever engage in buffoonery, rough-housing/vicious and perverse, sinister tones. Some people need to take a fresh breath of air, look outside of their house and look at the stars and not think they know everything what goes on in a person life, esp from their own life’s perspective/experience/government and relationships.

All in all, thank you so much for this forum and its advice, long live this.

Kindest regards


B

blondi
Newly Registered
Posts: 9
Joined: Mon May 04, 2009 7:50 am

Hi benifa

Post by blondi » Tue May 19, 2009 8:41 pm

I should have read your reply first lol lol lol!!! its better than an alleged/aclaimed wannabe solicitor.

kindest regards

B ( irish citizen)

ps... see new irish http://www.inis.gov.ie/

its all new and exciting updated web site, quite clear to me and any practising JUNIOR alleged solicitor.....
toodle pips

Obie
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Location: UK/Ireland
Ireland

Post by Obie » Tue May 19, 2009 9:27 pm

Hi m8,

I understand the painful experience you are going through, and your desire to deal with your estranged wife in like manner.

I understand the fact you want to report her to the immigration authority, but this will make you as bad as her, and it will not make you feel any better. I genuinely think you are nice guy who will find somebody nice to love and care about you deeply.

Allow her and her sister to fall by their own weight, and believe you me their payment will be more severe than you will inflict upon them.

I am not in support of the previous post judging you, but you have to understand the emotional and personal sensitivity of this topic and the emotive responses it attracts.

All the best mate

HSE
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Joined: Tue May 19, 2009 12:51 pm

Post by HSE » Tue May 19, 2009 10:28 pm

Guys, please refrain any aggressive comments and jumping into any conclusions.
If someone is heart broken and came here in the forum for advice and opinion , AT LEAST what any human being can do is to share their grief and sadness and try our best to guide them.

Cheers .

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