Permission to Remain - student

[k8]

Hi All,

I am a New Zealand national currently applying for permission to remain in Ireland on the basis of being a student (I’m doing a PhD though a University in Northern Ireland, but working on it through a semi-state organisation based in Dublin). I was initially told by the Department of Justice, General Immigration Division that the applications are taking 20 weeks to process. I’m now being told the applications are taking 30 weeks. By this time I would have been in Ireland for 10 months – most of that time without a status. I have been advised by a few people that I shouldn’t leave Ireland until it is sorted because I may be refused re-entry.

What I would like to know is: Is there a way to speed up the process? I would like to be able to attend conferences without fear of being sent home! Any suggestions for my situation would be appreciated. Thanks.

[joesoap101]

As far as Im aware it is not possible to get permission to remain if the university is not based in the republic of Ireland. You would have to apply to stay in the UK as student.

You don't 'apply' to stay as a student in Ireland. You simply take your bank statements, letter of registration and student ID card to the GNIB and thats it. This is why I doubt that they will give you permission to stay in the ROI whilst enrolled at a UK institution.

[k8]

Hi joesoap101, thanks for the reply.

I found some of that out when I went into the GNIB. They put me on to the Department of Enterprise, Trade and Employment, who then put me onto the Department of Justice, Equality and Law Reform. The guy I was speaking to suggested I send in my documentation which I have now done. I am aware I am not considered a student in the ROI. I was under the impression that I could be classed as "other" rather than "student" - I am funded for fees and living costs and think I have proven I have resources to cover my stay. I have found it very hard to get any information out of anyone at the GNIB or Dept. of Justice (I think a lot has to do with not knowing what questions to ask).

Have you any suggestions on how I could attack this? I am leaving applying in the UK for a last resort if possible.

[joesoap101]

You could apply as a non-economically active person but the problem with permission to remain in these categories is that they prohibit employment and studying and are fairly difficult to obtain, you have to go through the dept of justice directly. I’m not even sure there is a way around this given the incoherent Irish laws. Perhaps it’s best to register as a student in the UK and live in Ireland- it’s quite complicated, you are bound to breach some kind of rule, the northern border is largely uncontrolled with the exception of some checks on buses and trains occasionally.