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Salam / Hello Friends / EUFAM4 & Naturalis Advise Needed

Forum to discuss all things Blarney | Ireland immigration

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sonia167
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Salam / Hello Friends / EUFAM4 & Naturalis Advise Needed

Post by sonia167 » Fri Apr 12, 2013 12:46 pm

Hello / Salam Friends,
First of all many many thanks to all the people here who are doing a tremendous job on the blog, Kindly appreciate them all.

So i will just come straight away to the Topic , Actually i am a British Citizen Female Married to Non-Eu Spouse on EUFAM 4 visa Holder, we living together in Ireland Past Years,

So the Confusion was That soon in 7th August 2014 my husbands 5 Years will be completed on eufam 4 But 4 years ago when we got the approval from Department it mentioned on the Approval letter that your permission to remain in state starts from 7th March 2009 but we got the Letter Late few months due to their systematic error and my husband got stamped on his Pasport on
7th August 2009 ... So My confusion was that as he will be Going to Apply for Naturalization on behalf of 5 years ... so from what time his time willbe start counting in Naturalization department ... Bec in the Approvel letter in past it was mentioned that permission to remain in state starts on
7th March 2009 But due to the late delivery of the letter we got stamped on 7th August 2009 ... So when his Time Starts ?? from 7th March 2009 as mentioned on Approval Letter ? OR the 7th August 2009 When Pasport was been stamped at GNIB ?

Guys i need you Help ! Its so Confusing

Zohaibmustafa
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Post by Zohaibmustafa » Fri Apr 12, 2013 1:32 pm

Wsalaam I think it will starts from when ur husbnad passport got stamped in august.it wont starts from the approvel letter date

IntegratedMigrant
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Post by IntegratedMigrant » Fri Apr 12, 2013 1:41 pm

Zohaibmustafa wrote:Wsalaam I think it will starts from when ur husbnad passport got stamped in august.it wont starts from the approvel letter date
You shouldn't be given wrong information to people if you really dont know the answer. No offense.
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

IntegratedMigrant
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Re: Salam / Hello Friends / EUFAM4 & Naturalis Advise Ne

Post by IntegratedMigrant » Fri Apr 12, 2013 1:47 pm

sonia167 wrote:Bec in the Approvel letter in past it was mentioned that permission to remain in state starts on
7th March 2009 But due to the late delivery of the letter we got stamped on 7th August 2009 ... So when his Time Starts ?? from 7th March 2009 as mentioned on Approval Letter ? OR the 7th August 2009 When Pasport was been stamped at GNIB ?

Guys i need you Help ! Its so Confusing
As far as im concerned, based on the information you've given, his permission to remain starts from the 7th of March 2009!, even though he was stamped on August on GNIB

Here are the steps you'll follow whilst applying for naturalisation.

Attach the copy of the approval letter
together with the stamps on Passport. Now that should be enough and INIS will recognise that.

If you want to take further step:

Write a letter to INIS together with the approval letter explaining this. or / and

Request a Stamp record from GNIB and attach the copy of it with your application.

Note: When you request for Stamp record from GNIB, then you'll truly know exactly the date your husband's permission begins which is probably on the 7th of March.

Good luck
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

sonia167
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Post by sonia167 » Fri Apr 12, 2013 2:02 pm

Hello Sir for ur Help ... Thanks alotonce again ...
And applying for naturalization i still have around a year left ..
So Meanwhile what is the best idea u suggest me ? As u said to get a stamp record from GNIB showing the approval letter ... So the procedure will be that my husband has to go to GNIB Counter ? for that Missing period of stamp ? and will they be able to stamp back in old dates of that MIssing Months ? Your reply will be appreciated , Regards

IntegratedMigrant
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Post by IntegratedMigrant » Fri Apr 12, 2013 3:19 pm

sonia167 wrote:Hello Sir for ur Help ... Thanks alotonce again ...
And applying for naturalization i still have around a year left ..
So Meanwhile what is the best idea u suggest me ? As u said to get a stamp record from GNIB showing the approval letter ... So the procedure will be that my husband has to go to GNIB Counter
The best thing you should do is request a Stamp record from the GNIB. this can be done in written or by going to the counter and they'll inform you how to get that
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

IntegratedMigrant
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Post by IntegratedMigrant » Fri Apr 12, 2013 3:23 pm

sonia167 wrote:for that Missing period of stamp ? and will they be able to stamp back in old dates of that MIssing Months ?
They dont have to stamp back the old dates. The stamp record that they will issue you is an authentic proof of your permission start date in Ireland which will be from 7th of March until present.

Whilst applying for citizen, attach a copy of that with a copy of the permission approval letter and you wont have any problem!.

You must also know that it is very important that you husband should not have any gaps in his stamp for one year prior to the date of his citizenship application.
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Post by dublin3 » Fri Apr 12, 2013 5:19 pm

As IntegratedMigrant have mentioned your letter is valid.
Permission starts from the day when the letter was issued. One of my friend recently applied for the naturalisation and he provided the approval letter and wrote a cover note with the application. His application was accepted and acknowledgement letter was issued.

Good luck

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Post by dublin3 » Fri Apr 12, 2013 5:34 pm

The Supreme Court judgement in the case of Sulaimon v Minister for Justice Equality and Law Reform, [2012] IESC 63 (2012), delivered on the 21st December 2012, has created much needed clarity in the Minister’s administrative practice of issuing residence permission to non nationals in the State.

The Supreme Court upheld the High Court’s finding which confirmed that the Mr Sulaimon’s periods of residency in the State were reckonable for Naturalization purposes despite that he was not registered with the GNIB for a short period. This conclusion was reached on the logical basis that the Minister for Justice had issued a letter to Mr Sulaimon granting him permission to remain, and therefore the Supreme Court judges deemed that he was at all times legally resident during the permitted period stated in that letter. While this seems to be quiet an obvious finding, in fact, it was not so obvious because the Minister of Justice had always argued that Mr Sulaimon’s lawful residence did not commence until the subsequent date on which he registered at the GNIB - thus having the very significant consequence that he was three days short of the required reckonable residence period for his daughter to be entitled to Irish citizenship by birth.

The Supreme Court judges fully dismissed the Minister’s arguments out of hand. The judges confirmed that the Mr Sulaimon’s first permission was operative from when he received the letter indicating that the Minister had granted him permission to reside. They indicated that this was the only logical conclusion given the wording of Section 9 (1) (a) of the Immigration Act 2004 -

“A register of non nationals who have permission to be in the State shall be established and maintained by registration officers in such a manner as the Minister may direct”

Therefore, a person must already have permission to remain in order to be registered on the Register of Non Nationals by the Immigration officers.

The Supreme Court emphasized that the granting of permission and registration are two separate acts, distinct from each other. Thus, the letter from the Minister is the grant of permission and the GNIB’s role is to provide the documents evidencing the registration of such permission.

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Post by sonia167 » Sat Apr 13, 2013 7:45 am

Thank you Guys ... I am quite satisfied with your responses now .. so it is clear that our time period started from 7th March 2009 till 7th March 2014 .... So We can apply for his Naturalization anytime after 7th March ... Thanks alot guys .... And one more thing i will add up to this topic ... Durng all this time my husband went for Holidays 3 Times for example in 2010 for 2 Months ...In 2012 for 1 Month So althogether all this time around 4 Months ? Does it Matters ? or we have to cover these 4 monhs period and wait more 4 months ? Thanks alot Guys for such a wonderful Blog and your Help Kindly Appreciate that !

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Post by IntegratedMigrant » Sat Apr 13, 2013 9:41 pm

sonia167 wrote:In 2012 for 1 Month So althogether all this time around 4 Months ? Does it Matters ? or we have to cover these 4 monhs period and wait more 4 months ? Thanks alot Guys for such a wonderful Blog and your Help Kindly Appreciate that !
It doesnt matter at all and its not part of the residency requirements for applying for naturalisation.

All that matters is that he is a residence in Ireland for the period of 5 years during his application and one year continuous residence prior to the date of his application.

He can travel now, and whenever he wants
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Post by sonia167 » Sun Apr 14, 2013 7:00 am

Thanks alot for the reply ...

As his 5 Years Period is finishing on 7th March 2014 .... so it means From now
7th March 2013 till 7th March 2014 he cannot travel !! Is that u mean if i am rite ? bec we will be applying Naturalisatin soon after 7th March 2014....

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Post by dublin3 » Sun Apr 14, 2013 9:09 am

sonia167 wrote:Thanks alot for the reply ...

As his 5 Years Period is finishing on 7th March 2014 .... so it means From now
7th March 2013 till 7th March 2014 he cannot travel !! Is that u mean if i am rite ? bec we will be applying Naturalisatin soon after 7th March 2014....
Hi Sonia,

Gap in residency means if his stamp is expiring today and he doesn't extend it for next 10 days that will be considered gap which will affect your husband's naturalisation application.
He can take holidays and go anywhere that is not a problem.
I hope you understand.

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Post by sonia167 » Sun Apr 14, 2013 9:34 am

Thanx Rebel for your Kind Reply ... I am learning Much from you Guys here is quite Helpful .. Thanks alot for ur Co-operation Guys :) So can i add one more question related to this Topic Guys if u guys are not Recked up by my Questions :) hehe


Ok the Question is : As out 5 Years will be completed on 7th March 2014 and Suppose we apply his Naturalisation File as soon after 7th March 2014 ...On Other hand his GNIB Card is stamped Until 7th August 2014 ... So do he need to apply for P.R ( Permanent Residency ) ? Or in Case if he Gets Naturalization Approved and same time have not renewed his GNIB Stamp Does it Appect the Approval of Naturalization Cert ?

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Post by IntegratedMigrant » Sun Apr 14, 2013 11:27 am

rebel82 wrote:Gap in residency means if his stamp is expiring today and he doesn't extend it for next 10 days that will be considered gap which will affect your husband's naturalisation application.
For a precise clarification. A day gap on your husband's stamp will affect his naturalisation process
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Post by IntegratedMigrant » Sun Apr 14, 2013 11:30 am

sonia167 wrote:On Other hand his GNIB Card is stamped Until 7th August 2014 ... So do he need to apply for P.R ( Permanent Residency )
Yes he can apply for P.R and naturalisation if he wants
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Post by IntegratedMigrant » Sun Apr 14, 2013 11:33 am

sonia167 wrote:Or in Case if he Gets Naturalization Approved and same time have not renewed his GNIB Stamp Does it Appect the Approval of Naturalization Cert ?
Haha I gotta laugh at this to be honest.

Well he wouldnt be needing any GNIB stamp/card if his Naturalisation is approved. Hell he will even be forced to give INIS his GNIB card when his naturalisation is about to be approved.
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Post by sonia167 » Mon Apr 15, 2013 5:21 pm

Haha IntegratedMigrant :D U made me Laugh Too hehe ...

Thanks for Guiding me Till the End ... Your Info was Quite Useful ...Cheer's

Stay Blessed !

IntegratedMigrant
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Post by IntegratedMigrant » Mon Apr 15, 2013 5:45 pm

sonia167 wrote:Haha IntegratedMigrant :D U made me Laugh Too hehe ...

Thanks for Guiding me Till the End ... Your Info was Quite Useful ...Cheer's

Stay Blessed !
All the best
I oppose stereotype, prejudice, xenophobe, judgmental, Ignorance, and beloved.

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Post by malikscompany » Sat Apr 20, 2013 1:59 am

sonia167 wrote:Thanx Rebel for your Kind Reply ... I am learning Much from you Guys here is quite Helpful .. Thanks alot for ur Co-operation Guys :) So can i add one more question related to this Topic Guys if u guys are not Recked up by my Questions :) hehe


Ok the Question is : As out 5 Years will be completed on 7th March 2014 and Suppose we apply his Naturalisation File as soon after 7th March 2014 ...On Other hand his GNIB Card is stamped Until 7th August 2014 ... So do he need to apply for P.R ( Permanent Residency ) ? Or in Case if he Gets Naturalization Approved and same time have not renewed his GNIB Stamp Does it Appect the Approval of Naturalization Cert ?
I have the similer situation , British wife and my stamp4 eufam was backdated , so I applied for naturalisation five years after my backdated stamp , not when visa was isued . so you can apply in march 2014 and attach a copy or your backdated latter and a covering letter , you will need to apply for P.R few month before his stamp expire because if you dont then there will be a gap between you stamps .

you can travel anytime before your application for naturalisation but if you want to travel after your application then dont stay away for longer then 2 weeks because if INIS require more documents they will send it to you by post and then will have to submit these documents within 28 days , if you dont then your application will autimatically droped .

I am talking with personal experience. I hope it helps

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Post by adelmurray » Sat Apr 20, 2013 7:08 pm

because if INIS require more documents they will send it to you by post and then will have to submit these documents within 28 days , if you dont then your application will autimatically droped
is this true ?? they have requested me to Renew my GNIB Card since late January , as it was due to expire late february . i was unable to forward same to them due to INIS refusing to renew my Residency , now they have given me my Residency . but in the meantime i haven't heard anything from the citizenship division nor did they mention the 28 days when they first contacted me back late January . now i'm due to Renew my GNIB Card hopefully next week and forward same to the Citizenship Division . sure they know that alot of Residency applications take so long to approve some can even take 6 to 12 months , and that is not the applicants fault it's the INIS who are slow in processing peoples Residency applications .

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