Stamp 3 vs Stamp 4 for EU partner/spouses? Application now?

[thesmiler]

Hi!
We were about to apply for partner visa for my American girlfriend. We just postponed it because we have an upcoming trip and need our passport for that.

However we'll only be back in June. If we'd cancel our trip and send in our application now, will we still get Stamp 4 (for sure)? Will the date they receive the application matter or the date they acknowledge it/the date we walk in?

I'd not like to cancel that trip (and lose out all the money as the flights are not refundable) if it doesn't work out in the end (as they might take 4 weeks to acknowledge receipt of our application).

[Ben]

Unmarried partners are not the same as spouses, in relation to Directive 2004/38/EC.

If your US citizen girlfriend is the partner with whom a Union citizen is in a durable relationship, duly attested, she has the right to have her entry and residence in Ireland facilitated.

However, this is not an automatic right of residence and so her right to reside and to work is subject to the approval of the DoJ.

In relation to "beneficiaries" (§ 3(2)), the issuance of Stamp 3 for six months during EU1 application processing is not unlawful.

[thesmiler]

Yes Ben, I understood she has no legal right for the Stamp 4. However they would probably give one if we had applied, gotten it back and went to the Gardai tomorrow as this is their current procedure as stated before on the website.

I'm just asking for practicalities: Would the Gardai grant Stamp 3 or 4 if we went in with a application received in May 2010, but only sent back to me in June 2010 (which I could expect applying now by seeing other posts on this board). Or is this all a matter of speculation?

It seems getting married makes a difference in terms of law, but not in terms of practicalities here (until this is overturned at least).

[kabuki]

Yes Ben, I understood she has no legal right for the Stamp 4. However they would probably give one if we had applied, gotten it back and went to the Gardai tomorrow as this is their current procedure as stated before on the website.

I'm just asking for practicalities: Would the Gardai grant Stamp 3 or 4 if we went in with a application received in May 2010, but only sent back to me in June 2010 (which I could expect applying now by seeing other posts on this board). Or is this all a matter of speculation?

It seems getting married makes a difference in terms of law, but not in terms of practicalities here (until this is overturned at least).

Yes, had you applied a few months ago, you would've received one. I was issued with a Stamp 4 for 6 months back in Feb. I'm American and my partner is Dutch. I didn't have any issues getting the stamp 4 either.With the current changes, she would definitely be issued with a stamp 3, especially if the GNIB is planning on sending a letter to those who are still waiting for a decision. Although, I don't see this happening. If they are able to contact all those applicants, then they should be able to process applications in 2-3 months tops. Very few receive a decision before their 5th month.

I would complete your travels and apply once you return.

[thesmiler]

Ah Ben, I see what you're saying now.
I just reread http://www.inis.gov.ie/en/INIS/Pages/EU ... employment (which was never changed) and see it mentions "you and your EU national family member can bring your ... to your local Immigration Officer who may provide you with a 'Stamp 4' endorsement in your passport ..."

You're saying since my girlfriend is not a family member she never had a right to a Stamp 4 according to this. What was the practical matter in the past though? Did partners like family members get Stamp 4 endorsement as well or were those denied? (at least in the past we could have gotten married)

[thesmiler]

Yes, had you applied a few months ago, you would've received one. I was issued with a Stamp 4 for 6 months back in Feb. I'm American and my partner is Dutch. I didn't have any issues getting the stamp 4 either.With the current changes, she would definitely be issued with a stamp 3, especially if the GNIB is planning on sending a letter to those who are still waiting for a decision. Although, I don't see this happening. If they are able to contact all those applicants, then they should be able to process applications in 2-3 months tops. Very few receive a decision before their 5th month.

I would complete your travels and apply once you return.

Thanks. That's the kind of gut feeling I have as well. A minimal chance that something might be better applying now, but not enough to cancel travels.

[Ben]

thesmiler, can I ask, what nationality are you?

[thesmiler]

thesmiler, can I ask, what nationality are you?

I am German.

[Ben]

I am German.

Ok, was just wondering..

Ah Ben, I see what you're saying now.
I just reread http://www.inis.gov.ie/en/INIS/Pages/EU ... employment (which was never changed) and see it mentions "you and your EU national family member can bring your ... to your local Immigration Officer who may provide you with a 'Stamp 4' endorsement in your passport ..."

If the DoJ go ahead with their intention to change to Stamp 3, expect that page to be updated.

You're saying since my girlfriend is not a family member she never had a right to a Stamp 4 according to this. What was the practical matter in the past though? Did partners like family members get Stamp 4 endorsement as well or were those denied?

I can't answer that I'm afraid, I don't know.

[thesmiler]

You're saying since my girlfriend is not a family member she never had a right to a Stamp 4 according to this. What was the practical matter in the past though? Did partners like family members get Stamp 4 endorsement as well or were those denied?

I can't answer that I'm afraid, I don't know.

It seems kabuki already answered this, and yes, it seems they granted Stamp 4 in the past, but probably won't in the future.