Is it a D-Reside or Join Spouse?

philfuntee · Post by **philfuntee** » Fri Sep 04, 2009 4:45 pm

Is there any difference between a D- Reside visa and Join spouse visa.

I am a non-eu national. I want to join my spouse who gave birth to a set of twin in January in Dublin. She has a permission to remain with stamp 4. What visa option do you think is best in our circumstance.

Please guide accordingly. Thank you

agniukas · Post by **agniukas** » Fri Sep 04, 2009 4:51 pm

D reside visa is for those who have stamp 4 in the country based on certain permission that they have (like IBC, IBC-05, LTR, MIN, etc). d reside visa is usually issued as a re-entry visa for the ones who already hold permission to remain in the state on the basis of stamp 4.
Join spouse is visa for the family members joining. they would get stamp 3 (not allowed to work).
If you don't have any special permission from department of justice for stamp 4, you will not get d reside visa. you can only apply for join spouse visa.

philfuntee · Post by **philfuntee** » Mon Sep 07, 2009 10:47 am

Thank you so very much Agniukas for the very resourceful information in your reply to my question.

I must say that I found it somewhat helpful and now i know the technical distinction between these two options of visa and like you well guided, it is now easy for me to make informed decision as -"Join Spouse" visa option is applicable in my case.

I have applied before now but was refused with one of the key reasons being that the option of visa i chose was for a particular purpose, people and for particular period of time, given the scenario painted by me as the basis for which i require a visa as a Non-EEA national, the embassy concluded the option was not suitable in my circumstance.

This time, i just hope i get it right, seeing you have thrown more light on it.
I will let you know once i have it.

Thank you again.

philfuntee · Post by **philfuntee** » Mon Sep 07, 2009 11:23 am

Is it possible to work as a Spouse of a Non-EEA national resident in Ireland with stamp 4?

I am about applying for a visa to join spouse who is presently not working as a result of her present state (Nursing a set of few months old twins). Do you think it's wise to state that I will be working to support them, bearing in mind that it might not be allowed for one to work under this visa option while on the other hand, I think it's also important to establish your eagerness to work without having to make recourse whatsoever to public funds or resources in your pursuit to support your family.

Please advise!

Thank you

Ben · Post by **Ben** » Mon Sep 07, 2009 1:16 pm

philfuntee wrote:Is it possible to work as a Spouse of a Non-EEA national resident in Ireland with stamp 4?

agniukas wrote:Join spouse is visa for the family members joining. they would get stamp 3 (not allowed to work).

agniukas · Post by **agniukas** » Mon Sep 07, 2009 4:26 pm

on what basis does your spouse have a stamp 4?
as a joint spouse you would be getting stamp 3 and later you may try and change that stamp into stamp 4. it will depend on the basis of your spouse's stamp 4 though.
and in order to get joint spouse visa, you will have to proof that you / your spouse would be able to support yourself without the social welfare, etc. if your wife is not working at the moment, that may be hard to prove, because you wouldn't be allowed to work yourself. and if they feel that you may enter into illegal emloyment your visa will be refused. and to get a work permit in current climate is practically impossible.

philfuntee · Post by **philfuntee** » Mon Sep 07, 2009 5:25 pm

My wife has permission to remain being part of a family unit et. al.

Find below an extract of the letter sent to her confirming her permission below:

....."â€œThe conditions of your permission permit you to work without the need for work permit and to engage in business without seeking the permission of the Minister"

Ben · Post by **Ben** » Mon Sep 07, 2009 5:46 pm

philfuntee wrote:My wife has permission to remain being part of a family unit et. al.

Find below an extract of the letter sent to her confirming her permission below:

....."â€œThe conditions of your permission permit you to work without the need for work permit and to engage in business without seeking the permission of the Minister"

Is she the family member of a successful asylum applicant?

agniukas · Post by **agniukas** » Mon Sep 07, 2009 7:57 pm

is her stamp 4 on the basis of family reunification by a successful refugee family member?
is her stamp 4 on the basis that her parents were naturalised or something?
there are different types of family situations. what is the exact situation of your wife's family?

philfuntee · Post by **philfuntee** » Tue Sep 08, 2009 10:27 am

Does the information below answer your question?

"This permission is being granted on the basis that you are part of a family until where the parent(s) of this unit have been granted residency".

I need your very comprehensive guide.

Thanks.

Ben · Post by **Ben** » Tue Sep 08, 2009 10:57 am

philfuntee wrote:Does the information below answer your question?

"This permission is being granted on the basis that you are part of a family until where the parent(s) of this unit have been granted residency".

I need your very comprehensive guide.

Thanks.

Are you sure the quote is correct? It doesn't make sense.

philfuntee · Post by **philfuntee** » Tue Sep 08, 2009 12:46 pm

â€œI am directed by the Minister for justice, Equality and Law Reform to refer to your application for permission to remain in the state. The Minister has decided to grant you permission to remain in the State for a period in line with that granted to your mother.

This permission is being granted on the basis that you are part of a family until where the parent(s) of this unit have been granted residency. Your permission to remain will be reviewed at the end of this period in the light of all relevant circumstances and is conditional on you remaining in compliance with Irish Law in every respect during that period.â€

agniukas · Post by **agniukas** » Tue Sep 08, 2009 6:24 pm

another question, on what basis does her mother have her residency stamp 4?
but from the looks of it, you won't be able to 'inherit' the stamp 4 from your wife and will have to 'earn' it on your own. you will be getting stamp 3 with practically no chances of getting stamp 4. (unless you work with work permits for 5 years and then apply for LTR, or in the case if your spouse becomes naturalised)
even your wife's stamp 4 is not unconditional, she will have to reapply for its renewal when it expires.
sorry for not so good news.

Ben · Post by **Ben** » Tue Sep 08, 2009 6:36 pm

agniukas wrote:another question, on what basis does her mother have her residency stamp 4?
but from the looks of it, you won't be able to 'inherit' the stamp 4 from your wife and will have to 'earn' it on your own. you will be getting stamp 3 with practically no chances of getting stamp 4. (unless you work with work permits for 5 years and then apply for LTR, or in the case if your spouse becomes naturalised)
even your wife's stamp 4 is not unconditional, she will have to reapply for its renewal when it expires.
sorry for not so good news.

Excellent advice here from agniukas. Could not have written it better myself.

agniukas · Post by **agniukas** » Tue Sep 08, 2009 6:49 pm

thanks benifa

philfuntee · Post by **philfuntee** » Tue Sep 08, 2009 6:57 pm

Thank you again for your concern. Please expantiate on this clause in bracket "unless you work with permit for 5 years and then apply for LTR...."

You already said it's not allowed to work under the stamp 3 condition, so;

If as a stamp 3 holder i am not allowed to work, how then do i get a work permit to work for 5 years?

Simply put, i presumed it is a statutory prerequisite to have a work permit to legally work in Ireland but if you are saying i can only get a stamp 3 given my scenario, so how possible is it for me to work for 5 yrs under this condition

Ben · Post by **Ben** » Tue Sep 08, 2009 7:01 pm

philfuntee wrote:If as a stamp 3 holder i am not allowed to work, how then do i get a work permit to work for 5 years?

You would have to find a company who is willing to offer you a job and is successful in attaining a work permit for you. Keep the job (or another job with a work permit) for 5 years, and you can apply for Long Term Residency (Stamp 4).

agniukas · Post by **agniukas** » Tue Sep 08, 2009 7:06 pm

you, as a dependant of your spouse, will be getting a stamp 3.
however, you do have an option of looking for an employer in ireland who would apply for a work permit for you. then your stamp would change to stamp 1 and you would be able to work only for the employer who got you the work permit. after 5 years working on work permits you are entitled to apply for long term residency LTR. if granted LTR you would be able to work in ireland WITHOUT the need of work permit, you would get stamp 4 for 5 years.
but as you can see that is a very long procedure. as well, the work permit restrictions are in place at the moment and you should be very highly paid and highly skilled to qualify for one. as well, labour market is not good at the moment, so chances are very slim for you to get work permit and acquire stamp 4.
work permit is the only option for you to be able to work in ireland in your situation.

philfuntee · Post by **philfuntee** » Tue Sep 08, 2009 11:20 pm

I so much understand your well informed point.

As it's now, given your elaborate guide on my immigration chances, the only option left is to just choose to join them so as for me to help my wife with care for our few month old twins which to me is the most important and my primary reason for joining since she has chosen to remain in Ireland for the foreseeable future. My Uncle has volunteered to financially support me for this period pending my stability in Ireland and i may also want to look at doing an academic program in line with my career pursuit.

philfuntee · Post by **philfuntee** » Tue Sep 08, 2009 11:24 pm

Is it ok to state in my wife's invitation letter that i will be willing to work to support them seeing that the likely stamp 3 in my circumstance forbid it?

Ben · Post by **Ben** » Tue Sep 08, 2009 11:27 pm

Good luck. If your wife is eligible to apply for naturalisation, as the spouse of an Irish national your Stamp 3 would be changed to Stamp 4. Bear in mind though, naturalisation applications take about 3 years to process.

philfuntee · Post by **philfuntee** » Wed Sep 09, 2009 12:29 am

Thank you so much. That sounds so much like it while i trust it fruitifies in due course.

Will keep you posted.

philfuntee · Post by **philfuntee** » Fri Sep 11, 2009 4:18 pm

My wife's P60 was lost in transit while moving into her new apartment and i will need it to support the application for the Join Spouse visa.

What do you suggest we do as it appears it's not possible to have it issued by the employer the second time and i have to file for visa soon?

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