Procedure if you marry Irish citizen while on Student Visa

[scrudu]

Hi all,

Can someone confirm what happens in the following case?

A Chinese Student (on Stamp 2 visa for last 5 years) present in Ireland. Her Student Visa will expire in June but apparently under the Graduate Scheme this can be extended for 6 months up until December post completion of exams (or receipt of results). She plans to marry her Irish boyfriend of 4 years in October. According to info she received today from the DoJ Helpline, after the Marriage, she can simply present herself at the GNIB with her spouse and Marriage Certificate and be granted a Stamp 4 Visa immediately.

My understanding was that as she was from a Visa Required country, that she would enter the 12-18 month waiting period to be granted the visa. OR that she could instead exit the country and apply for a D-Spouse Visa and enter the country on foot of this visa, present herself to the GNIB and get a Stamp 4 visa.

Does the info she received from the DoJ sound correct?

[robby1]

hi scurdu,
infomation from DOJ is correct, if a person have a valid student visa at the time of applying for residency on basis of marriage to irish national, he will be granted stamp4 from local immigration office on producing required documentaion.
regards,
robby

[scrudu]

hi scurdu,
infomation from DOJ is correct, if a person have a valid student visa at the time of applying for residency on basis of marriage to irish national, he will be granted stamp4 from local immigration office on producing required documentaion.
regards,
robby

So what's the differentiating factor here? The fact she is on a Student Visa? Has procedure changed recently? If a Chinese person (Visa Required Country) on a tourist visa marries an Irish citizen, then they would normally enter the 12-19 month application process right?

[kazinirl]

hi scurdu,
infomation from DOJ is correct, if a person have a valid student visa at the time of applying for residency on basis of marriage to irish national, he will be granted stamp4 from local immigration office on producing required documentaion.
regards,
robby

So what's the differentiating factor here? The fact she is on a Student Visa? Has procedure changed recently? If a Chinese person (Visa Required Country) on a tourist visa marries an Irish citizen, then they would normally enter the 12-19 month application process right?

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

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 should attend at your local Garda National Immigration Bureau Registration Office with the following documentation:

Your original marriage certificate
Your original passport
Your Irish spouse’s original passport
Evidence of your joint address

[scrudu]

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

Thanks Kazinirl. It looks like the DoJ have finally updated their pages on Spouses of Irish citizens. The part that concerns me is the part that states

How long will it take to process the application?

Applications can take up to 12 months to process. Applications are dealt with in chronological order of receipt.

So from that I would understand that the Stamp 4 is not simply granted on the spot, but could take up to 12 mths to process.

[kazinirl]

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

Thanks Kazinirl. It looks like the DoJ have finally updated their pages on Spouses of Irish citizens. The part that concerns me is the part that states

How long will it take to process the application?

Applications can take up to 12 months to process. Applications are dealt with in chronological order of receipt.

So from that I would understand that the Stamp 4 is not simply granted on the spot, but could take up to 12 mths to process.

Hello scrudu

What I understand is that for visa-required nationals who are in Ireland legally (but except sort stay visas), they would get Stamp 4 as same as non-visa required nationals - would be granted simply.

It seems that the question "How long will it take to process the application?" is for non-EEA who doesn't have current permission to remain or visa-required national who has only short stay visa.

I think the DoJ Helpline she talked to and robby1 are right, but I am a non-visa required national, am not 100% sure.

Hope there is someone who has similar experience and can share it with us.

Regards,

[scrudu]

kazinirl: Thanks for your input!

If anyone else knows any different (e.g. that changing from Student Visa to Stamp 4 visa takes up to 12 mths to process), then please respond. Cheers!

[agniukas]

scrudu, she should get stamp 4 when she presents herself at her local immigration officer with her irish husband and marriage cert and other docs. if there is any problem (e.g. Immigration officer has doubts about the validity of marriage, or an applicant is illegal in the state), she will be refered to write into DOJ Married to Irish National section. That's where it could take 12 months for her application to be processed. For more info on the subject she can contact Married to irish national section by post or email, I believe they do not have a helpline any more.