Quite complicated situation...help!

[maika3]

My story is a bit soap opera... So I'll try to resume and get to the point.

When I met my boyfriend in Feb 2012 he had a girlfriend. We fell in love but we decided to stop seeing each other. In summer, we couldn't keep appart and start meeting again. He broke up with the girlfriend, and then confess it took him so long because of the visa.

He is brazilian and I'm spanish.I'm resident in Ireland and working here fore more than 2 years. He was dating an Irish girl for more than 2 years, so after 4 years of student visa, he got the De facto visa through her, expiring at end od Nov 2012.
He went to inmigration and they told him he couldn't apply anymore for a student visa.

The ex offer to keep with the visa but he found it inmoral and deny her offer. He ask me to go back to Brasil with him, but I would just get a 3 month permit as a tourist, and after I would be illegal as well. And our lives are in Ireland right now...

After a lot of thinking, and asking and reading, I decide to propose him marriage so we could keep together. De facto wasn't an option because we didn't cover the time necessary, and our relationships overlaps with the one he had before and is official in his file.

He cancelled the De facto relationship to the inmigration office. They told him he had to ask for a letter from the registration office about the marriage, and with that ask for a visa extension so he could still be legal. We got all the paperwork done -such a nightmare!- and got our appointment in the registration office. We are going to get married in April.

We went to inmigration with the letter and then they told us that the info we got was incorrect, and would only work in case he was going to marry the girl he had the De Facto with.

Because I'm spanish, they refer us to the Justice department cause we are under Eu Treaty Rights.

We send a letter to them explaining the situation, the letter from the Reg office, and ask them for any possible permit to keep his status legal -right now, his visa is expired since end of Nov. We are waiting for an answer.

I know we can marry anyway, but I'm afraid that when we apply for the EU1 they will refuse it because the marriage was done under unlawfully circumstances. We will register the marriage in the spanish and brazilian embassy as well.

So. my questions... is there anything else we can do? We are trying to do everything right...

Would they give him the stamp4 after doing the application even if he has no residence permit at the moment?

Also we were going to travel to Spain in Easter so I could introduce him to my family (and then again in July cause my sister gets married as well) , but without being married yet I dont know if there's anyway we can get a traveling visa, or a permit, or if so, if they will let him get back to Dublin...

Can he travel with me with the stamp4 provided when applying to EU1?

Everything is very confusing and complicated... Relationships are difficult enough by themselves to also be adding all this paperwork and laws around them... But we really love each other and I can even think about the possibility of him leaving the country without me...

Thanks to everyone able to give me some light.

[frei]

Would they give him the stamp4 after doing the application even if he has no residence permit at the moment?

Yes

Also we were going to travel to Spain in Easter so I could introduce him to my family (and then again in July cause my sister gets married as well) , but without being married yet I dont know if there's anyway we can get a traveling visa, or a permit, or if so, if they will let him get back to Dublin...

He will receive temporary stamp4 with a 6 months validity on submission of his EU1 application and should be able to leave the state and return using the same

Can he travel with me with the stamp4 provided when applying to EU1?

Yes

Everything is very confusing and complicated... Relationships are difficult enough by themselves to also be adding all this paperwork and laws around them... But we really love each other and I can even think about the possibility of him leaving the country without me...

I do not think it;s as complicated as you think, if you manage to get married everything should be fine.

[maika3]

Thanks so much for your answers, frei!!

But before we get married... can he travel to Spain? Brazil does not require visa for tourist issues, but... can he have any problem when flying back to Ireland?


Thanks again!!

[frei]

I should add, previous immigration history such as overstaying are not taken into account when making an EU application and shouldn't matter if his permission to remain in the state had expired prior making the EU1 application, the INIS knows this and shouldn't make any problem with you on that one

[frei]

Thanks so much for your answers, frei!!

But before we get married... can he travel to Spain? Brazil does not require visa for tourist issues, but... can he have any problem when flying back to Ireland?


Thanks again!!

I'm afraid he may not be allowed to enter the state, he will be deemed by the immigration officer as an overstayer, and because you are not married he cannot be admitted under EU law because he hasn't acquired the right. He acquires that right immediately after your marriage.

[maika3]

Thanks for your info, very clear now!!