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Entry to Ireland for my Russian Wife.

Forum to discuss all things Blarney | Ireland immigration

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piepie
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Entry to Ireland for my Russian Wife.

Post by piepie » Fri Dec 27, 2013 12:57 am

Hi, I’ve read a lot of the posts here and now I am planning what I hope is the best course of action and any input from those experienced would be more than appreciated.

I’m Irish, my Russian girlfriend of 2 years and I are planning to move together to Ireland as soon as possible. We had been living in Cyprus with rented property in both our names, bills etc. until this time last year, at the moment for my work and her family reasons she is in Russia and I am in Ireland.

Now, we would like to move to Ireland as soon as possible and continue life here together.

My plan is the we go back to Cyprus, (Cyprus has basically no Visa restrictions for Russians) marry (its possible to do with 3 days notice) and receive and English apostled marriage cert and return to Ireland.

My grey area is do we need to apply for a D visa for her to enter Ireland or are there any other options or rights I am I am missing? Can she just return here with me by fact of being my wife, or is there any other way to avoid the 8 week visa processing time?


Thanks in advance.

Brigid from Ireland
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Post by Brigid from Ireland » Fri Dec 27, 2013 1:26 am

Apply for a visa for her as your spouse to travel with you to Northern Ireland, as you intend to look for work there. Visa for wife of migrant worker is free and fast, and in Northern Ireland you are an EU citizen and therefore a migrant worker looking for a job.
BL

piepie
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Post by piepie » Fri Dec 27, 2013 1:34 am

Brigid from Ireland wrote:Apply for a visa for her as your spouse to travel with you to Northern Ireland, as you intend to look for work there. Visa for wife of migrant worker is free and fast, and in Northern Ireland you are an EU citizen and therefore a migrant worker looking for a job.
Hi thanks...that is not an option I had spotted before, and may be something to consider, the only thing is I have a great job in Ireland which I cannot leave too fast / I am committed to a contract for 2 more years. If I could do something like this while working here ok great if its going to speed things up...I will look into what is involved....thanks for sharing the knowledge.

piepie
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Post by piepie » Fri Dec 27, 2013 1:03 pm

Brigid, thanks, I looked at the requirements, I believe need to be living in the UK and also working there, this is not possible.

Would anyone have any other ideas on how to avoid an 8 week visa processing time?

dalebutt
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Post by dalebutt » Fri Dec 27, 2013 2:51 pm

You will have to wait for the visa just like everybody else, there is no way around this, except if you get a visa to NI and then cross over to ROI, she can then go straight to the GNIB to apply for stamp 4 which is mostly granted on the spot, I am not recommending this though. As the process of crossing between NI to ROI without the required visa is a criminal offence even though there isn't border checks except occasionally.

chaoclive
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Ireland

Post by chaoclive » Fri Dec 27, 2013 3:28 pm

I don't think that the OPs spouse would be granted a stamp 4 on the spot as she is a visa required national.

See here: http://www.inis.gov.ie/en/INIS/Pages/WP07000024

B). If you do not have current permission to remain in the State a written application must be made to the following address:

Spouse of Irish National Unit, Immigration Services Section,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.

The following original documentation should be included with your application:

Details of your immigration history in this State
Your current legal status
Your original marriage/civil partnership certificate
Detailed information regarding your relationship history and the context in which your marriage/civil partnership took place
Evidence of your current address of your joint habitual residence
Your original passport and birth certificate
Your Irish spouse’s/civil partner’s original passport and birth certificate
Divorce papers from applicant (if applicable)
Other supporting documentation – photographs
Accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer (if applicable) or Tax Credit form from the Revenue Commissioners

I've read somewhere that it takes then between 6-9 months to make a decision.

I'm not sure how you're fixed about work etc. but you might want to consider working in Northern Ireland and then applying under the EU Treaty Right legislation as Bridget recommends. Just another option...doesn't suit everyone though!

If you are not in a position to go through the EU laws then you'll just have to apply for the visa as 'spouse of an Irish national' (with the wait). :(

dalebutt
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Post by dalebutt » Fri Dec 27, 2013 5:29 pm

Thanks CC, I had completely forgot that has a visa required national the process is even much more lengthier, as previously stated, you have to wait in other to avoid waiting.

chaoclive
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Ireland

Post by chaoclive » Fri Dec 27, 2013 6:02 pm

EEA family permit via Northern Ireland is an attractive option. The OPs spouse will still be considered for Irish citizenship in 3 years in Northern Ireland as the spouse of an Irish citizen (it would be 5 under the UK EEA family permit rules).

I know that the OP isn't really able to do this though, so the Irish spouse visa would be the best option.

We wish him good luck with it!

piepie
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Post by piepie » Fri Dec 27, 2013 9:16 pm

Thanks for all the idea’s. What I am now looking at is the option of entry for her into the UK/NI under a UK visitors visa to marry in NI. The UK borders office shows these visa processing times are about 3 weeks.
From there it should be possible to legally entry Ireland under the Visa waver programme and then go the GNIB for a residency stamp.
The processing times I have read on these forums can be very different for the residency stamp, some say it can be instant some say week’s. As we would be under the clock of her UK visa, are there any published or minimum times the GNIB quote on processing?
Thanks

Brigid from Ireland
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Post by Brigid from Ireland » Fri Dec 27, 2013 11:30 pm

If you succeed in marrying in NI, then she can legally reside there with you for three months without condition, so long as you apply for jobs in Northern Ireland (keep a record of applications for jobs).

You can continue to work in the Republic as you search for jobs, and live with her on the weekend to facilitate your jobsearch in NI. So you have a three month time from the date of marriage. (You are not required to accept any job you are offered, just to apply for them, as this gives her a three month right to stay in NI.)

If you could get a part time 'mini job' in Northern Ireland ( and keep your job in the Republic also) then you would be a migrant worker living in NI with your wife, and I think NI would give a residence card. Then six months later she can move to Republic, on basis of NI residence card.

Obviously she can apply for Irish visa also, but basically marriage in NI gives three months residence there, and a part time job for you in NI gives permanent residence there for her.
BL

piepie
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Post by piepie » Sat Dec 28, 2013 2:30 am

Hi Brigid, Thanks, I don’t think she would be too happy to be holed up in NI waiting for 3 months, she is an artist and also I would like to help her start a new business here (until she is legally able to take full control of it herself). I think we will use the visa waver scheme and just drive from NI legally into the republic where we can apply for a residency card. It’s only to try an shorten the 8 week Irish visa waiting time, it's probally the best option, unless anyone has any better ideas or experience doing this....thanks

chaoclive
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Ireland

Post by chaoclive » Sat Dec 28, 2013 4:33 am

Your idea about the visa waiver programme will not work. She would NOT be eligible to register for a GNIB card.

See this reply from the Spouse of Irish National Unit at INIS:

"Dear XXX,

I refer to your email which has been forwarded to this section .

The spouse of an Irish National cannot register on a current visa waiver
programme for people who hold a valid UK visa. That visa is for a short
stay visa. They would not be registered by the Garda National Immigration
Bureau without permission from this section.

To enable a person apply for residency in the State as the spouse of an
Irish national on this type of visa they would have to make an application
to this section. Those applications take 6/9 months to process. They would
not be deported once they had an application pending with this section.

Regards

Spouse of Irish National Unit
Immigration Services Section
Irish Naturalisation & Immigration Service
13 - 14 Burgh Quay
Dublin 2"

piepie
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Re: Entry to Ireland for my Russian Wife.

Post by piepie » Sat Dec 28, 2013 5:07 pm

chaoclive, thanks for the INIS letter above, in the letter they write that in order for the application to be considered "They would not be registered by the Garda National Immigration Bureau without permission from this section. " , this further goes on to state that "on this type of visa they would have to make an application to this section. Those applications take 6/9 months to process."

The above is inline with what is stated on the INIS website, http://www.inis.gov.ie/en/INIS/Pages/WP ... howtoapply
that

" There are two routes in which a non EEA national can apply for permission to reside in the State on the basis of marriage or civil partnership with an Irish national."

A). If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain in the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration office with the following documentation:

Your original marriage/civil partnership certificate
Your original passport
Your Irish spouse’s/civil partner’s original passport
Evidence of your joint address

B). If you do not have current permission to remain in the State a written application must be made to the following address:

Spouse of Irish National Unit, Immigration Services Section,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.


The following original documentation should be included with your application:



Details of your immigration history in this State
Your current legal status
Your original marriage/civil partnership certificate
Detailed information regarding your relationship history and the context in which your marriage/civil partnership took place
Evidence of your current address of your joint habitual residence
Your original passport and birth certificate
Your Irish spouse’s/civil partner’s original passport and birth certificate
Divorce papers from applicant (if applicable)
Other supporting documentation – photographs
Accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer (if applicable) or Tax Credit form from the Revenue Commissioners


If the UK marriage visa is considered by INIS as a C visa (in fact it is valid up to 6 months so it may be more than a C) then route B would be applicable. - This is in line with the letter you show above and also would say that it is possible to apply for a residency card. I would hope that once all the papers are in place and there will be more than enough proof to show that this is a real relationship and not a marriage of connivence that there will be no problem in getting the residency card.

chaoclive
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Posts: 1599
Joined: Wed Jul 24, 2013 7:49 pm
Ireland

Re: Entry to Ireland for my Russian Wife.

Post by chaoclive » Sat Dec 28, 2013 5:12 pm

Sorry, I may have misread their response. It may be that your wife can enter Ireland via the Visa Waiver and then apply to the Spouse of Irish Citizen Unit. Therefore, this may work out for you!

Good luck and keep us posted!
CC

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