Just 3 days left please help

Pears · Post by **Pears** » Wed Aug 23, 2006 6:33 pm

I am from India that is non EU on a C visit visa to Ireland,married to a UK citizen in Ireland i have just recived my marriage certificate through post,please tell me what to do now, as my visa will expire in 3 days plzzzzz a quick guidance is requested.

Regards

Pears

marialear · Post by **marialear** » Thu Aug 24, 2006 7:59 am

As time is an issue, go to your local Garda station to see the Immigration Officer (or if you live in Dublin, the GNIB on Burgh Quay)today. Contact details available on www.justice.ie under Citizenship, Immigration section.

Both of you bring both your passport(s), marriage cert, all immigration related papers, proof of employment, household bills, basically anything to do with visiting/living and/or working in Ireland. Bring it all.

Go GO GO!!!

Good luck,
Maria

scrudu · Post by **scrudu** » Thu Aug 24, 2006 12:15 pm

It is always worth a try asking the GNIB, but Ì doubt you will have much success.

Type C Visas cannot be extended by either the GNIB or by the Dept of Justice. My husband tried at both and failed. Documentation of this is at http://www.justice.ie/80256E01003A21A5/ ... e%3Apdf%22

If you have been issued with a short term visa ('C Type') you must leave the STate on or before the date stamped on your passport by an immigration official.
Note: under no circumstances can a Category 'C Visa' be extended.

Another possibility (i think), is that you go through the EU_1 form process which involves an application to the Dept of Justice for a right to stay as the spouse of an EU National. See other posts discussing this on the website. But normally one would have entered on a Category D (Spouse) visa to apply this way. I would telephone the Dept of Justice Helpdesk and ask

a. can you apply via this process after entering on C type visitors visa
b. if you are allowed overstay the terms of your C-Type visa while awaiting a decision.

Pears · Post by **Pears** » Thu Aug 24, 2006 12:30 pm

Ohh Maria God Bless you, and your family,no doubt you are a life saver... ,plz if i can be of any assistance to u plz ask for me i shall be honoured.

i am on my way tomorrow to GNIB, with all the documents.passp..,birth certificate,employment proof for past 10 years in UK, house owner ship documents of my wife in UK, utility bills of my wife you have mentioned, only a bit confuses me that my wife she is in UK national and she works and lived there for the past 30 years,though we got married in ireland, will immigration will have an issue on this matter, if not please advice so that every thing may go smooth with the immigration officer

Thanks maria infact no words, can ever thank u enough

Wajid

Pears · Post by **Pears** » Thu Aug 24, 2006 12:44 pm

scrudu and Maria, i cant thank u enough, it looks like family of kind and fantastic people are out there. scrudu, i'll wait what answer comes up with the help desk.

scrudu · Post by **scrudu** » Thu Aug 24, 2006 1:22 pm

As Maria said, bring any documentation you can get your hands on. Basically anything that proves your relationship, your address, your financial status, your job status (that includes your wife!). Your wife being physically present at the meeting will also be a help.

So you have been working the last 10 years in the UK? Do you have ILR for the UK then? If you could apply for UK citizenship, you wouldn't need a visa to visit or work in Ireland!

I doubt it will be an issue that you married in Ireland. You can always explain that the only way you could enter Ireland (as a non-spouse) was on a C-Type Tourist visa, and now you are married to your EU spouse, you wish to regularise your position.

Note that the GNIB Telephone Helpline is open all day. But the Dept of Justice Telephone Helpline is only open in the the mornings from 10-12:30 and depending on the Department it is only open some weekdays. (Mon/Wed/Fri) I'd recommend you start telephoning from 09:59 to get into the phone queue as you can often be waiting for a half or full hour to get through to a representative.

Best of luck!

Pears · Post by **Pears** » Thu Aug 24, 2006 1:29 pm

scrudu, i apologise for the error its my wife who has lived in UK for 30 years and she is UK national , and she has worked their for 10 years. i am on C -toursit visa..

I think to apply through EU_1 form would be the best option for me, please correct me if i am wrong, thanks

Pears · Post by **Pears** » Thu Aug 24, 2006 2:01 pm

scrudu ,, i mk really confused...plz clear me out here...let me start again..

1)i m on C visit visa,
2)i am married to UK citizen in ireland and also received my marriage certficate
3)My spouse she has lived and worked in UK, not in ireland
4)Now we both plans to live in Ireland as what we have decided

This is the scenario which process should i go for, Thanks

scrudu · Post by **scrudu** » Thu Aug 24, 2006 3:37 pm

I'm not 100% which your best option is, but here are the 2 options as I see it:

1. Return to your home country, apply to re-enter Ireland on a D-Spouse Visa

2. apply to the Dept of Justice from inside Ireland via the EU_1 form to the Dept of to stay with your spouse.

But as I said on another post, I'm not sure this option (#2) is available to you. My understanding of the legislation involved, is that it is intended to allow EU workers and their spouses who are legally resident in one country (i.e. non-EU spouse has resident rights given by one EU countries Immigration controls), to move to another EU country for the purposes of work without having to go through full immigration procedures a 2nd time. I am not sure it just bypasses normal Immigration controls for spouses of EU citizens by giving them a residence visa to any EU country simply because of their marriage to an EU spouse.

Also, I dont know if you are legally allowed stay in Ireland while such an application is being processed as you entered on foot of a C-Type visa. This visa is very restrictive and is only intended for short stays (tourism). I know that spouses of Irish citizens are considering "visa pending" during this time, and are therefore legal to stay. This is perhaps also true of spouses of EU Citizens.

I could well be wrong, but this law is quite new (May 06), and most members on this forum seem to have received conflicting information regarding how this law works in reality.

As before, I highly recommend that you get in touch with the GNIB or Dept of Justice, or even the Immigrant Council of Ireland (telephone helpline in afternoons) who will advise you on what options are available to you.

Pears · Post by **Pears** » Thu Aug 24, 2006 4:41 pm

Thanks Scrudu, i think i will go for option #2 and also contact all the relevant departments for the information and share the information ill get, pray for me and wish me luck

thanks again for all ur help

scrudu · Post by **scrudu** » Thu Aug 24, 2006 5:11 pm

No problem. Best of luck with your application!

Static · Post by **Static** » Sun Aug 27, 2006 11:17 am

Hi! I am in a similar situation. I am currently in the UK with my husband who is a British citizen by birth. I am here on a 6 month visitor's visa. I am a South African citizen. He has now been transferred to his company's branch in Ireland. I would like to go with him and we plan on settling there. I am getting conflicting information from different websites and the Irish consulate in London whom I telephoned. I really need to know what I need to do. According to most websites as well as the Irish consulate, I can apply for a residence card on arrival and don't need to go back to my country of birth first. Is this true? If anybody gets any further information on this, please let me know. I shall do the same in this forum.

scrudu · Post by **scrudu** » Tue Aug 29, 2006 10:04 am

I dont see why as a SA Citizen you would have to. According to the Dept of Foreign Affairs website, you are not from a "visa required country" so can enter the State without a visa.

http://foreignaffairs.gov.ie/services/visa/01.asp

Citizens of certain countries require an entry visa for Ireland. If you are a citizen of a country that is on schedule 1 of this list you do NOT require an entry visa for Ireland.
All citizens of non-EU countries, whether they require a visa or not, are subject to immigration control at the point of entry to Ireland.

http://foreignaffairs.gov.ie/services/visa/06.asp

Citizens of countries which are not part of the European Economic Area (EEA - see below) who wish to stay in Ireland for longer than 3 months for work, study or other reasons must seek permission to remain from the Department of Justice through the irish Naturalsation and Immigration Service (INIS)

The INIS's address is
13-14 Burgh Quay
Dublin 2
Tel: 00 353 1 666 9100

These citizens will also require a re-entry visa if they wish to leave Ireland and return. These can be obtained from the Department of Justice at 13-14 Burgh Quay, Dublin 2.

Read
http://www.justice.ie/80256E010039C5AF/ ... Q6PELEX-en for info on current EU_1 process for applying for residence card on basis of marriage to EU Citizen

Static · Post by **Static** » Tue Aug 29, 2006 3:42 pm

Scrudu.... thank you so much! It all points to that and it is such a relief.

scrudu · Post by **scrudu** » Wed Aug 30, 2006 1:13 pm

Static: no problem, you're welcome

AIBO · Post by **AIBO** » Mon Sep 25, 2006 9:10 pm

Ppl, post the results please!

Static · Post by **Static** » Tue Sep 26, 2006 9:57 am

I am going to put in my EU1 application on Monday. Had to wait for my husband to get back to Ireland from England and for documentation that we were lacking. So hope it all goes well for us!! I will post the results as soon as I know anything.

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Just 3 days left please help

Just 3 days left please help