Stamp 4 RES6 - SOIN Unit - Spouse of Irish Questions

[maxiao888]

Hi,

On form FORM RES6 it asks about the criminal history of the applicant and in the documents checklist it lists 'police clearance certificate' from any country lived in the the past few years.

Is the police clearance certificate for the applicant or the Irish spouse?

Thanks!

[littlerr]

Applicant

[maxiao888]

Thanks. That's what I thought. Since it sounds like you have some experience with this for yourself or spouse, can I ask you if the applicant is allowed to travel during the period their application is being processed? I know from INIS they return passports after they record them, and they have also told us my wife has permission to remain while the application is being processed. As this could take up to 12 months, is she allowed to travel out of the country during that period and if she is, would she need some sort of 're-entry' visa for that?

[maxiao888]

Hi All,

My wife is a non-EEA visa requied national here on a short stay C visa. We have just applied to the SOIN unit via form RES6. Would appreciate if anyone can answer some of these:

- We understand we will get an initial letter back with our original documents 4-5 weeks after application. Currently, does SOIN issue temp stamp 4, and if so, in what situations? I have seen threads where people were issued temp stamp 4 permissions that last 12 months while their application is being processed but many others who didn't.
- If they don't issue a temp stamp 4, during the time it takes to process the application, is it possible for my wife to leave and reenter Ireland? Given that she has a multiple entry C visa valid up to March 2021; should this along with the letter from SOIN giving permission to remain in the state be enough to avoid any issues at passport control when reentering the country?
- Alternatively, is there any other type of visa she could get from within Ireland so she can travel out/into Ireland during the year of the application.
- We're prepared that it will take 12 months for SOIN to make a decision. I've seen on threads people getting it as quick as 9 months, other 13 months and in once case 17 months; Is there any indication of average processing time currently?

Thanks!

[littlerr]

SOIN May issue temporary stamp 4 if her current status to remain in the state is consistent with her application.
As her visa is a Type C visitor visa, which isn’t fit for purposes of remaining in the state (which would be Type D Join Family for SOIN, and Type C Join Family for EU Treaty), there is a chance that she won’t be given a temporary stamp 4.

And no she cannot travel out of Ireland without a Stamp 4 (well technically she can claim she is using the multi-visit visa) but it won’t be difficult for border control and SOIN unit to refuse entry and reject her application. Once she leaves the state on a Type C visitor visa, her ‘temporary visit’ to the state is automatically finished and her application to remain in the state is no longer valid.

[maxiao888]

Thanks, yeah probably better not risking leaving and re-entering.

RE temp stamp 4, RES-6 is not needed for anyone within permission they received at the border (apart from C visas). As far as I'm aware, they can go straight to GNIB. Therefore, basically the only ones applying via RES6 (1B here: http://www.inis.gov.ie/en/INIS/Pages/sp ... h-national) are those with C visas or maybe some other difficult cases where GNIB rejected someone?