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Naturalisation by Marriage - anyone else having INIS issues?

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, Amber, archigabe, batleykhan, ca.funke, ChetanOjha, EUsmileWEallsmile, JAJ, John, Obie, push, geriatrix, vinny, CR001, zimba, meself2, Administrator

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Stanic
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Posts: 45
Joined: Fri Aug 21, 2015 2:21 pm

Naturalisation by Marriage - anyone else having INIS issues?

Post by Stanic » Mon Feb 22, 2016 5:53 pm

Has anyone else been having issues with INIS recently?

I'm in N.Ireland (NI) and my wife is non-EEA but we applied for her naturalisation by marriage back in September.

I made certain we provided everything that was requested. Since her arrival in NI she had a family member of an EEA national residence card which had an expiry of last October. I checked and there is no legal obligation to extend this as it is just a proof of rights.

About 6 weeks ago, we got a letter from INIS asking to submit a copy of the current residence card within 28 days.

The helpline at INIS I found out was 'suspended' so I emailed them about not needing to renew the card etc, and provided further info and links. They said to disregard the 28 day limit as they had correspondence from us.

About 28 days later we got exactly the same letter, signed by someone else.

I emailed back to see what happened about our email, and they replied the same day:
"Please be advised that you are required to hold a current residence card
showing your permission to remain in Northern Ireland. Your previous
residence card expired on 14/10/2015. Please forward a copy of your current
card to this office."

I don't know if they even read the original email, so I replied with more detail points, and also asks where this requirement is as it isn't in any of the notes. My wife was required to provide proof of entitlement to live here in the years previous to the application and we provided that proof.

Plus she has an extra leave to remain stamp in her passport which they didn't seem to read or respond about as well.

Is something up at INIS, as they seem hard to contact, and don't seem to understand things before replying.

Would be keen to resolve this before any EU referendums in the UK start complicating things.

jumanufer
Member
Posts: 140
Joined: Fri Feb 12, 2016 11:18 am

Re: Naturalisation by Marriage - anyone else having INIS iss

Post by jumanufer » Mon Feb 22, 2016 6:20 pm

Stanic wrote:Has anyone else been having issues with INIS recently?

I'm in N.Ireland (NI) and my wife is non-EEA but we applied for her naturalisation by marriage back in September.

I made certain we provided everything that was requested. Since her arrival in NI she had a family member of an EEA national residence card which had an expiry of last October. I checked and there is no legal obligation to extend this as it is just a proof of rights.

About 6 weeks ago, we got a letter from INIS asking to submit a copy of the current residence card within 28 days.

The helpline at INIS I found out was 'suspended' so I emailed them about not needing to renew the card etc, and provided further info and links. They said to disregard the 28 day limit as they had correspondence from us.

About 28 days later we got exactly the same letter, signed by someone else.

I emailed back to see what happened about our email, and they replied the same day:
"Please be advised that you are required to hold a current residence card
showing your permission to remain in Northern Ireland. Your previous
residence card expired on 14/10/2015. Please forward a copy of your current
card to this office."

I don't know if they even read the original email, so I replied with more detail points, and also asks where this requirement is as it isn't in any of the notes. My wife was required to provide proof of entitlement to live here in the years previous to the application and we provided that proof.

Plus she has an extra leave to remain stamp in her passport which they didn't seem to read or respond about as well.

Is something up at INIS, as they seem hard to contact, and don't seem to understand things before replying.

Would be keen to resolve this before any EU referendums in the UK start complicating things.

for what I understand you are Irish and your wife is a non EU national. She has been with the residence permit till last October, but she applied to Irish citizenship last September. Is all this correct?

I believe she should have renewed the residence permit and that is what inis is looking for. till she becomes Irish she needs to have a residency permit, unless in NI / UK things are different to Ireland

Obie
Moderator
Posts: 15163
Joined: Tue Apr 21, 2009 1:06 am
Location: UK/Ireland
Ireland

Re: Naturalisation by Marriage - anyone else having INIS iss

Post by Obie » Mon Feb 22, 2016 6:47 pm

Stanic why did your wife not renew her residence card.

Under national or citizenship law, the state can impose any restrictions on nationality as they see fit. Remember it is at the Ministers discretion that a certificate of naturalisation is issued.

If you have applied for Permanent Residence Card, you can provide proof of this .
Smooth seas do not make skilful sailors

a.s.b.o
- thin ice -
Posts: 413
Joined: Mon Nov 14, 2011 6:00 pm

Re: Naturalisation by Marriage - anyone else having INIS iss

Post by a.s.b.o » Tue Feb 23, 2016 8:45 am

Obie wrote:Stanic why did your wife not renew her residence card.

Under national or citizenship law, the state can impose any restrictions on nationality as they see fit. Remember it is at the Ministers discretion that a certificate of naturalisation is issued.

If you have applied for Permanent Residence Card, you can provide proof of this .
To translate this for the topic starter -

1. Apply for a PR card. Irrespectively of the outcome, your wife will be issued with a certificate of acknowledgement
2. Submit certificate of acknowledgement to INIS
3. Given that they will decide on the citizenship quicker then PR is obtained, the cost is really around 40 quid to dispense.

good luck

Stanic
Newbie
Posts: 45
Joined: Fri Aug 21, 2015 2:21 pm

Re: Naturalisation by Marriage - anyone else having INIS iss

Post by Stanic » Tue Feb 23, 2016 10:15 am

Thanks guys.

We didn't renew it as there isn't a necessity to renew the card here, it isn't even required in the first place, it is just a proof of her rights, so helps to show employers etc. I doubled checked with the Home Office about this as well and provided INIS with a link about it.

I thought about it, but it was an extra cost and we couldn't send her passport away at the time either, while INIS only require copies.

Jumanufer:
correct, thought looking at all their notes and requirements we believed we provided exactly what they asked for.

We might just apply for PR now, it just may be tough finding the evidence for 5 years but should be ok. Just need to hear back to see if the 6 months Leave to Remain stamp in her passport will be enough has it covers the current period. Just worry about INIS making us reapply as it was very time consuming getting all those documents copied and signed by a solicitor.

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