Applying 4 Spouse of EU Citizen Residency Permit fr GNIB

[scrudu]

Dear all,

Has anyone had recent experience with applying for a "Residence permit for a Spouse of an EU Citizen" at the GNIB?

My then-fiancé arrived into the country on a "C-Type 3mth Tourist Visa" on 29/05/2006 and we married recently on 07/07/2006. We now wish to apply to have his Residency status altered on the basis of marriage to an Irish Citizen.

I called the Dept of Justice this week to ask (again!) how my husband should apply to have his Leave to Remain extended. Unlike other times when they advised us to apply to the Dept of Justice (INIS using the EU_1 form), this time they advised that we firstly apply to the GNIB for his residency permit. They said that if the GNIB refused our application, we would then have apply through the Dept of Justice INIS, and that this would take 14-16 months.

My questions are:
1. Is the permit/card we would get from the GNIB, a Stamp 4 Registration (Green) Card?
2. Is this GNIB Registration Card directly equivilant to the permit we would be issued by Dept of Justice?
3. If issued, will this GNIB Card grant my husband his entitlement to work in Ireland?
4. Has anyone else applied for this recently. How was your experience. Did they request anything other than the Marriage Cert, Proof of Address, Passports, Birth Certs etc.?

Thanks for your help!

[KDima]

Dear all,

Has anyone had recent experience with applying for a "Residence permit for a Spouse of an EU Citizen" at the GNIB?

My then-fiancé arrived into the country on a "C-Type 3mth Tourist Visa" on 29/05/2006 and we married recently on 07/07/2006. We now wish to apply to have his Residency status altered on the basis of marriage to an Irish Citizen.

I called the Dept of Justice this week to ask (again!) how my husband should apply to have his Leave to Remain extended. Unlike other times when they advised us to apply to the Dept of Justice (INIS using the EU_1 form), this time they advised that we firstly apply to the GNIB for his residency permit. They said that if the GNIB refused our application, we would then have apply through the Dept of Justice INIS, and that this would take 14-16 months.

My questions are:
1. Is the permit/card we would get from the GNIB, a Stamp 4 Registration (Green) Card?
2. Is this GNIB Registration Card directly equivilant to the permit we would be issued by Dept of Justice?
3. If issued, will this GNIB Card grant my husband his entitlement to work in Ireland?
4. Has anyone else applied for this recently. How was your experience. Did they request anything other than the Marriage Cert, Proof of Address, Passports, Birth Certs etc.?

Thanks for your help!

Hi !
I know you passed this process recently. Whether you have finished it ? At me it is a little some questions which you have passed. I am the wife of the citizen of Ireland. I have the tourist visa. My husband lived with me abroad. Now we in Ireland also would like to remain. Whether it is necessary to begin with GNIB?
Is the permit/card we would get from the GNIB, a Stamp 4 Registration (Green) Card?
Is this GNIB Registration Card directly equivilant to the permit we would be issued by Dept of Justice?
Did they request anything other than the Marriage Cert, Proof of Address, Passports, Birth Certs etc.?

Thanks for your help!

[scrudu]

KDima,

If were married before you came to Ireland, why did you apply for a C-Type Tourist visa? You were entitled to apply for a D-Type Spouse visa as the spouse of an Irish Citizen.

I recently visited the GNIB and was told that the GNIB can do nothing because my husband is from a Visa-Required country and entered on a C-Type Tourist visa. All such applications must be made to the Marriages Section of the Dept of Justice.

You can do one of the following:

1. Leave the country, and apply for a D-Spouse visa from the Embassy of Ireland in the country you leave to. This will take 6-8 weeks to process. On receiving this D-Spouse visa, you can then enter Ireland. On presenting yourself to the GNIB with the following documentation, you will be granted "permission to remain" (Stamp 4) which will entitle working rights. You will need to present the following.

• a. D-Spouse visa
  b. both your passports
  c. Marriage certificate
  d. Proof of Address (utility bill)

2. Apply to the Marriages Section of the Dept of Justice for "Permission to Remain". You will be considered legal to remain in the State (albeit without an rights to work) when you apply for this visa, as your current visa status=Visa Pending. This application will take between 14-18 months to be processed. If successful, you will then be granted temporary residency along with work rights in Ireland. You will need to submit the following.

• a. Application Letter
  b. copies of both your passports
  c. Marriage certificate
  d. copies of both your birth certs
  d. Proof of Address (utility bill)
  e. proof of your relationship
  f. anything other doc's the Dept of Justice requires
  g. possible interview with Immigration for either/both you or your husband

3. Leave Ireland and exercise your husband's treaty rights in another country (e.g. go to the UK for work). Then return to Ireland and your husband will be able to exercise his treaty rights here in Ireland and apply using the EU 1 form. This process should take 6 months to process.

NOTE:
If your husband had been from another EU member state (e.g. UK etc.) you could have applied using the EU 1 form, and exercised your husbands EU Treaty rights. But as your husband is from Ireland and you are applying in Ireland, this option is not available to you. Instead you must wait the 14-18 months for the Dept of Justice to basically "sit" on your application. According to many helpful Dept of Justice Helpdesk personnel, you could be one of the "many bogus marriages" and they have to be very careful and give much consideration to such applications.

Very very very bloody frustrating and beyond ridiculous.

[scrudu]

Regarding Option 1 above:
I have been advised by the Immigrant Council of Ireland, it is quite possible that on applying for a "D-Spouse visa", the Dept of Justice will only grant a "Type-C Tourist Visa" .

If the Embassy/Dept of Justice feel that you haven't lived together long enough, or have any other worries about your marriage, they may instead issue you a "Type-C Tourist Visa" and leave you to make your application (Option 2 above) on arrival in Ireland.