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I dare say hes either a Pakistani or Nigerian citizen. If I am wrong I will donate a crisp twenty euro note to the ICI.jennybean wrote:Hey guys, I am completely new to this. Just wondering can anyone help me or give me any information about what to do in my situation.
I am (an Irish Born Citizen) engaged to a non-national who is currently seeking asylum. We are getting married in 3 or 4 months and I am just wondering has anyone else been in this situation? What happens after we are married, like how to we make his status legal in Ireland?
And if his application for asylum is refused, what do we do then to allow him to stay with me legally?
One other question I have been trying to get the answer to but can't. I have heard of voluntary return (for when the Minister intends to make a deportation order, but hasn't yet, if your application for asylum is refused) and was wondering if it did come to that (I really hope it doesn't), if he chooses voluntary return, what is the time limit in which he can return and are there any implications??
Thanks in advance for any advice you might have
Thanks benifa, one thing i dont understand is what do u mean by OP? And after we are married should we just go to the GNIB with our marriage certificate and passports and ask for a stamp 4, or do we have to first apply to INIS for permission to remain?benifa wrote:A residence card will not be given to the spouse of the OP, since neither he nor the OP shall be resident in Ireland in accordance with EC law.
Rather, the spouse of the OP should be granted permission to reside in Ireland as the spouse of an Irish citizen and be issued with a GNIB Certificate of Registration endorsed with Stamp 4.
Original Poster (you).jennybean wrote:Thanks benifa, one thing i dont understand is what do u mean by OP?
I'm not certain, but I think that no application to the INIS is required. You simply report together, in person, with your passports and marriage cert to the GNIB. As I said, I'm not certain though. It may also be different in cases where the spouse of an Irish citizen has a pending application for asylum.jennybean wrote:And after we are married should we just go to the GNIB with our marriage certificate and passports and ask for a stamp 4, or do we have to first apply to INIS for permission to remain?
How long does the process of applying for permission to remain take? Is there a lot of paperwork/documents needed?agniukas wrote:I am afraid, but your husband will have to apply to INIS for his permission to remain as a spouse of irish national following the wedding, as he currently has no stamp and permission in the country. if he was on stamp 1, 2, 3 or 4 at the moment, then it would be changed straight away to stamp 4 as a spouse of irish national. however, as an asylum seeker he has no current stamp, he will have to apply to INIS and wait. I am not sure about the procedure whether his application as a spouse of irish national will be processed in 12 months, or will INIS have to wait for the final decision in relation to his asylum application first.
Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?scrudu wrote:Jennybean: As previously described, your husband would have to apply for a Stamp4 under Irish law. He will have to apply to INIS not the GNIB. The GNIB really only officiate decisions made by INIS, so the Stamp will have to be granted by INIS first. Agniukas has explained this pretty well.
You'll need a LOT of luck on your side and a lot of proof to show that this is a "real" marriage as the INIS and the Minister of Justice states that there is no requirement for them to grant a visa to a spouse of an Irish citizen. Unlike spouses of EU citizens (or Irish citizens who have exercsised treaty rights) there is a chance that any application can be refused. Ignore any comments by posters that mention EU Treaty rights as this does not apply to your situation. It can take 12-18 months for the application to be processed and during that time he will not be granted any other stamp or right to work. He will remain an Asylum seeker until a decision is reached.
Yes, as they are considered under the EU Directive, EU citizens (r Irish citizens who have exercsised treaty rights) are entitled to be joined by their spouses and family. Irish citizens do not have this right as they are considered under Irish law which does not afford Irish citizens the same rights. Applications can be refused/granted at the "discretion of the Minister for Justice".IrishTom wrote:Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?
Yeah, I have been googling this like mad, and yes it looks like EU people living in Ireland, have more rights than Irish. This really annoys me, I am an EU person too so i dont understand why I cant avail of the EU treaty. So annoying that the Irish laws don't favour their own citizens, as well as immigrantsIrishTom wrote:Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?