Some help needed

[saj85]

Hi everyone

I just would like to know that,I was on stamp4 EU fam, was married in 2006 and got my stamp then, my wife stayed with me for first couple of years, but then she moved to England, my visa expired in 2012,and I didn't apply to the department of justice to get it extended since then, now my wife is back again here in Ireland living with me. She is in employment as well .I was just wondering that should I just send a new application again under the European directive? Please advise

With regards
saj

[saj85]

Reply please

[Ambulance Chaser]

Hi everyone

I just would like to know that,I was on stamp4 EU fam, was married in 2006 and got my stamp then, my wife stayed with me for first couple of years, but then she moved to England, my visa expired in 2012,and I didn't apply to the department of justice to get it extended since then, now my wife is back again here in Ireland living with me. She is in employment as well .I was just wondering that should I just send a new application again under the European directive? Please advise

With regards
saj

You are going to have to make a new application again. The Regulations require the EU national to have remained in Ireland during the period of your EUFAM4 and the EU3 Form requires supporting documents such as utility bills and letters from employers for the EU national for the full five years.

In circumstances where your spouse has not been living in Ireland, you are not in a position to satisfy the extension or permanent residency application and therefore should make a new application.

Don't worry, though, it sounds like you meet the criteria required for a new application and in a year's time you could be able to apply for Irish citizenship.

[saj85]

Thanks for the reply mate, just wanted to ask you that would you have known who would have gone through the same situation?

[Ambulance Chaser]

Thanks for the reply mate, just wanted to ask you that would you have known who would have gone through the same situation?

I'm an immigration lawyer.

[shaz112211]

yepp u have to apply it again !!!!

[Danny800]

Thanks for the reply mate, just wanted to ask you that would you have known who would have gone through the same situation?

I'm an immigration lawyer.

Hi ambulance Chaser,

I want to seek your advice about Irish naturalisation. I have over four years reckonable residency with eu fam stamp 4 and I was thinking since I have an Irish son, can I benefit from the Section 16 Waiver to apply after 3 years?

1635.—The Minister may, in his absolute discretion, grant an application for a certificate of naturalisation in the following cases, although the conditions for naturalisation (or any of them) are not complied with:
(a)******* where the applicant is of Irish descent or Irish associations;
(b) where the applicant is a parent or guardian acting on behalf of a minor of Irish descent or Irish associations;
(c) where the applicant is a naturalised Irish citizen acting on behalf of a minor child of the
applicant;
[(d) and (e) repealed]36
(f) where the applicant is or has been resident abroad in the public service;

(2) ********** For the purposes of this section a person is of Irish associations if—
(a) he or she is related by blood, affinity or adoption to a person who is an Irish citizen or entitledto be an Irish citizen, or
(b) he or she was related by blood, affinity or adoption to a person who is deceased and who, at the time of his or her death, was an Irish citizen or entitled to be an Irish citizen.

Source http://www.inis.gov.ie/en/INIS/consolid ... onINCA.pdf (Pages 11 & 12)

Thanking you in anticipation.