Hi Stiofan,
You didn't mention where your GF was from, so I am presuming she is from a non-EEA "visa required" country (e.g. China). The process is different if she is from a non-EEA country who is not "visa required" (e.g. Singapore, USA). Check out
http://www.dfa.ie/services/visa/01.asp if you don't know.
Sorry to be the bearer of bad news, but no, your GF cannot get your visa extended on the basis of planning to get married to you. If there is some other way she can extend her student visa do try for, but I think you have to leave the country to get a new student visa. Please check because I am not sure about the procedure Student visas.
MARRIAGE IN IRELAND
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You do indeed have to give 3 months notice to a Marriage Registry office for any marriage. But that's not all. A big question is where are you living? If in Dublin, due to how busy the Registry Office is, the news is even worse. The waiting list for marriages is about 7-9 months, so even if you hand in your notice, you will be waiting another new months after that for:
- a. a date to meet the Registrar to carry out all the paperwork
b. a date to get married by the registrar.
If you are getting married outside of Dublin, the waiting lists are a lot shorter, and you can probably get a date soon after your 3 month notice period has expired. But you do need to live in the local area of the Registar for the 7 days preceding the "Paperwork Meeting". You also legally need to wait 22 days after that meeting before you can get married. So, DO plan your marriage well in advance.
Best case scenario for a marriage in a non busy registry office is the following
- 1. Submit your application to marry
2. Wait 3 months for Notice period to expire
3. Organise appointment to carry out paperwork with Registrar
4. Live 7 days in the area where the Registrar is based
5. Have appointment to clear paperwork at appointment with registrar
6. Wait 22 days
7. Marry !!
Check out further paperwork details at the General Registry Office website:
http://www.groireland.ie/
TOURIST VISA TO ENTER IRELAND
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For your GF to return to Ireland she will have to apply for a tourist visa. If she is granted a visa, it will only be a 3 month non-extendable visa, so if your marriage date isnt until after she leaves you will be left in the same situation again. The tourist visa was a simple enough procedure and takes approx 8-10 weeks for processing. Include the following documents in our application:
- 1. completed visa applicaton form
2. 1 photograph size 4*6cm
3. Fee to Embassy (depends on where you apply)
4. Passport of your GF
5. Letter from your GF's employer to say she will return to work
6. Letter of invitation from you including details of the visit and you know her
7. photocopy of all pages of your and her passports
8. bank statements from my bank accounts here
Some of my tips for your application would be:
- 1. Do get a letter from someone over there to say he is employed and will return to work or study, even if you plan to marry here! The C Type Tourist visa cannot be extended so the Irish Gov want to ensure that he has a job/life to go back to.
2. Do show bank account details for yourself. I know of people refused as they didnt submit bank statements. The irish Government want to make sure that your fiance will not be dependent on the State, so you need to show that you can support her.
Further visa details at
http://www.dfa.ie/services/visa/default.asp?m=s .
AFTER MARRIAGE IN IRELAND
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Note, that after your marriage your wife will have two options:
- Option 1: Apply to the Dept. of Justice, Equality and Law Reform for Permission to Remain. This currently takes a minimum of 16-18 months to process. During this time,
- 1. the non-EEA spouse will not be permitted to work
2. the non-EEA spouse will have no visa status other than "visa pending"
3. the non-EEA spouse will not be issued with any form of a "bridging" visa
4. the non-EEA spouse will not have any stamp on their passport to show that they are currently have any "legal right" to be present in the State, and to prove that they are not merely "overstaying" the visa they entered on. This means they will be refused a visa to enter any other country (e.g. for purposes of tourism)
5. the non-EEA spouse may not leave the State as they must be "residing in the same household and in a family unit with that Irish national"
6. the non-EEA spouse may not apply for a GNIB Residence Card
7. the 16-18 month period spent with visa status="Visa pending", will not count towards "period of reckonable residence" for any possible eventual citizenship application
- Option 2: The other option is to return home and then apply for a D-Spouse Visa to return to Ireland. This currently takes approx. 8 weeks to process. If she is issued a D-Spouse visa, on her return to Ireland, she will be issued with a Stamp 4 on her passport. On presenting this to the GNIB, along with you, your marriage cert, your passports, she will receive a GNIB Green Card and be entitled to work. She may also apply for re-entry visas, should she wish to travel outside of Ireland.
OTHER OPTIONS
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Leave the country and get married elsewhere. Then apply for a D-Spouse visa for her to return. This really is the shortest and simplest route. As long as your marriage in the other country is recognised as legitimate there, it will be recognised by Ireland. The D-Spouse visa takes anywhere between 1 week and a 2 months to issue, depending on which embassy you apply in (India = very quick, others = longer).