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Overstayed visa while waiting for Naturalisation Cert

Forum to discuss all things Blarney | Ireland immigration

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non national
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Overstayed visa while waiting for Naturalisation Cert

Post by non national » Sun Jan 24, 2010 8:01 pm

Hi,

I have been on a Work Authorisation since 2001 which I renew every two years. My last stamp ran out on Friday (22-01-10) and I have not renewed it as I have submitted my GNIB card for the final step in my Naturalisation process. My reason for deciding not to renew it is that I swore the oath for Naturalisation on 25-11-09 and submitted the forms that day and am currently waiting for the final certificate of Naturalisation. I will apply for an Irish passport as soon as that happens. However, I am concerned that I do not currently have legal status to work here due to the Work Authorisation stamp now running out - assuming that I am not technically a citizen until I receive the cert from the dept??? I had planned to call into the GNIB last week to discuss it but I was very busy at work so I didn't get a chance - now I am hesitant to do so as they may make an issue of it.

I have to leave the country at the end of Feb for a few days and I am concerned that upon my return, I am going to have significant problems at the border if I do not have an Irish passport by that stage and my current passport does not have a valid Work Authorisation stamp. Going by other posts of forums, it seems to now be taking 3 months to process Naturalisation certs!

I had thought that all would be OK until a couple of weeks ago when I was returning to Ireland and the Immigration Officer at the border made a huge issue about the fact I didn't have my GNIB card - despite me telling him numerous times that I had handed it in to the (misnamed) Dept of Justice, Equality and Law Reform as part of my Naturalisation application. In fact, he kept me at the gate for about 15 minutes while he checked everything.

In which case, I am thinking I would have huge problems if I try to get back into the country without a valid work authorisation renewal stamp or an Irish passport.

Any advice or thoughts would be most welcomed. Thanks in advance.

tiggs
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Post by tiggs » Sun Jan 24, 2010 8:45 pm

Hi There,
Without valid stamp or visa is just to risky. Try to get either of them. Reason am saying is, am not sure where u travelling too, but i have seen in asian countries or even some european countries, they check for atleast one legit residency document.

Contact GNIB or INIS.. I know its close to impossible to get straight answer. Just see if either of the department is ready to help you. Immigration at dublin airport is just a joke. Most of them dont have a clue about their own processes. Last year was stopped, coz immigration wasnt sure why do i have stamp 5. Its just silly. Anyways best of luck. Better not risk without a legit document.

Regards
Tiggs

nanette
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Post by nanette » Mon Jan 25, 2010 7:17 am

Technically, when you take the oath of fidelity, you are already an irish citizen...

But I would advise you to "just" wait for Cert then on travel, this is something you can control.

The idea of trying to get another GNIB will just delay the processing of your Cert.

I am myself in the same situation and the company I work is actually concerned because IT projects deadline and lots of money involved here.

What I don't understand is why is it taking time to print a cert, this is computerised for God sakes !! Are they doing it manually ?

One other thing, what the DOJ fails to graps is that there are a lot of people that are required to travel around the world for projects, businesses etc... If we are delayed, we lose money and when we lose money, the state loses taxe money and when the state loses taxe money, civil servants jobs are at risks...(salary reduction, cuts etc...).

It does not take a genius to connect the dots....If I was the minister, I would actually replace the person responsible of this unreasonnable delay.


Nana (The Girl to Bitch)

non national
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Post by non national » Mon Jan 25, 2010 10:41 am

Thanks for the responses guys.

Nanette, you don't want to get me started about the issues you are talking about. I am from Australia - the country that any Irish person under 40 is currently moving to and for some strange reason, I am trying to stay here in Ireland.

I have earned a decent income for nine years and as a result contributed a lot financially to this nation through the taxation system. I seriously do not believe there is any real understanding of the value of highly skilled migrants to this county and there is definitely no motivation for the govt to improve their archaic naturalisation / immigration system.

For the entire time I've been here, I've firmly believed that Irish people have considered that immigration is a 'problem' that will one day go away (a realisation I first had while standing in the queue from 3am in Harcourt Street back in 2001 for my green book). As such, they have not bothered will never bother to improve the system.

At least by time the next election comes around I will be able to vote.

Anyway... mini rant over. I'm probably just going to hold off and wait for the cert. I might write to the GNIB or DoJ - that seems to be the only way you can contact them as I have tried for weeks to get through to the 'hotline' that is open for 4 hours per week. They are actually quite prompt to respond to letters - usually within a day or two I have found.

Fortunately I work for a company that operates much like the naturalisation service, so it's unlikely they will notice my Authorisation has run out.

IrishTom
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Post by IrishTom » Mon Jan 25, 2010 1:16 pm

non national wrote:Nanette, you don't want to get me started about the issues you are talking about. I am from Australia - the country that any Irish person under 40 is currently moving to and for some strange reason, I am trying to stay here in Ireland.
Before you start complaining about Irelands immigration policies(sic), I suggest you look at your own. Australia has deported over 30 Irish citizens since Christmas for overstaying their visas by a couple of days. Also, its next to impossible to get into OZ if you are over 35 and arent highly skilled. Ive no problem with that, but think before you post. The words pot, kettle and black, come to mind. :D

non national
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Post by non national » Mon Jan 25, 2010 3:02 pm

Thanks Tom - but this hasn't anything to do with where I'm from. John Howard's immigration agenda, as well as most of his other economic rationalist, neo liberal policies from the past decade were the original reason I left the place. You're right, Australia has questionable policies on a lot of things - immigration is certainly one of them.

That's why I'm happy to become a dual citizen and continue to live in this country. But when the DoJ make a big deal about how they've cut down the waiting time for swearing the oath from 3 months to 1 month, only to find that has meant the waiting time for the naturalisation cert has therefore gone from 1 month to 3 months, you tend to wonder what's going on. Without any doubt, the naturalisation process is broken but there doesn't seem to be any will to fix it.

PS The best way to get into Oz is to follow the yellow brick road.

sovtek
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Post by sovtek » Mon Jan 25, 2010 3:27 pm

non national wrote:Thanks Tom - but this hasn't anything to do with where I'm from. John Howard's immigration agenda, as well as most of his other economic rationalist, neo liberal policies from the past decade were the original reason I left the place. You're right, Australia has questionable policies on a lot of things - immigration is certainly one of them.

That's why I'm happy to become a dual citizen and continue to live in this country. But when the DoJ make a big deal about how they've cut down the waiting time for swearing the oath from 3 months to 1 month, only to find that has meant the waiting time for the naturalisation cert has therefore gone from 1 month to 3 months, you tend to wonder what's going on. Without any doubt, the naturalisation process is broken but there doesn't seem to be any will to fix it.

PS The best way to get into Oz is to follow the yellow brick road.
Non...they don't want to fix anything...the system is working exactly how the government want it to work. They want to delay giving anyone permanent immigration status and kick out as many people as they can that way.
I'm through trying to traverse the never ending hurdles and keep "my nose clean".
Immigrants organising against this shit and giving them a virtual punch in the mouth is what needs to happen.

non national
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Post by non national » Mon Jan 25, 2010 4:36 pm

I was educated outside Ireland, I have never used the Health Service, I barely drive anywhere or use transport infrastructure, I don't have any kids, I haven't yet been in prison, I am unlikely to retire here and because I own a house on a hill, I have neither been flood damaged nor does the govt bother providing me with running water anymore - yet I have paid almost €350k in tax, levies and duties since 2001.

If the ex-Minister for Justice and now Minister for Finance was to take a good look at it, he'd realise that the ecomomy is actually making a decent profit out of skilled migrants in their 20s and 30s and make a bit more of an effort to administer the system in order to encourage us to stay here. Indeed, when he described the second to last budget as a call to "patriotic action" I couldn't help but thinking that us non-nationals are not really at the forefront of his mind :(

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