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Query on naturalisation of dependent non-EU spouse

Forum to discuss all things Blarney | Ireland immigration

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puremeteor
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Query on naturalisation of dependent non-EU spouse

Post by puremeteor » Wed Jan 12, 2011 9:22 am

I am Irish by naturalisation, got naturalised in Dec-2008.
My wife is non-EU and she has applied for her naturalisation in July 2009. She applied on the basis of her own residence in state for 5 years (she did not apply as the spouse of Irish citizen since 3 years had not elapsed between the time that I obtained by naturalisation and she became eligibile to apply in her own right before that.)
She was working initially on a dependent spousal work permit, but 3 months back she quit her job to take fulltime care of our child.
I am planning to study fulltime outside Ireland for one year. I've got a scholarship etc so it's a good opportunity.
Current plan is for my wife to accompany me during this period.

Questions:
1. Any idea as to when the DoJ processes her file which additional documents will be needed (based on the experience of people)?
2. Since she hasnt been working she is not in a position to provide any payslips etc. And for the next year we wont have any income, but we will be using up our savings so we won't be in a position to provide any payslips during this time. I'm not sure if this will cause any problems?

Neither of us have been in trouble with the authorities, we have paid our taxes etc on time, never claimed any dole etc. and don't plan on claiming the dole going forward
Last edited by puremeteor on Wed Jan 12, 2011 11:52 am, edited 2 times in total.

AShawna
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Re: Query on naturalisation of dependent non-EU spouse

Post by AShawna » Wed Jan 12, 2011 10:22 am

puremeteor wrote:I am Irish by naturalisation, got naturalised in Dec-2008.
My wife is non-EU and she has applied for her naturalisation in July 2009. She applied on the basis of her own residence in state for 5 years (she did not apply as the spouse of Irish citizen since 3 years had not elapsed between the time that I obtained by naturalisation and she became eligibile to apply in her own right before that.)
She was working initially on a dependent spousal work permit, but 3 months back she quit her job to take fulltime care of our child.
I am planning to study fulltime outside Ireland for one year. I've got a scholarship etc so it's a good opportunity.
Current plan is for my wife to accompany me during this period.

Questions:
1. Any idea as to when the DoJ processes her file which additional documents will be needed (based on the experience of people)?
2. Since she hasnt been working she is not in a position to provide any payslips etc. And for the next year we wont have any income, but we will be using up our savings so we won't be in a position to provide any payslips during this time. I'm not sure if this will cause any problems?

Neither of us have been in trouble with the authorities, we have paid our taxes etc on time, never claimed any dole etc.
Dont you think being out of the country for a year will affect her requirement for continuous residence? Judging by previous timelines they will most likely be asking for additional documents in the next few months and it may not look good that that neither of you are earning any i ncome despite not claiming social welfare...Sorry I dont want to be a prophet of doom, just being realistic. I guess more experienced members will come along and offer you advice...Good luck!
...though it tarries, it shall surely come...

fatty patty
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Post by fatty patty » Wed Jan 12, 2011 10:54 am

I agree with AShawna the condition for naturalization is that the applicant is living in Ireland, and are not burden on state etc. Since your wife applied on her own behalf (not being spouse of Irish citizen) she will be judged as a normal applicant (meaning jobs/payslips/p30 etc etc).

puremeteor
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Post by puremeteor » Wed Jan 12, 2011 11:47 am

fatty patty wrote:I agree with AShawna the condition for naturalization is that the applicant is living in Ireland, and are not burden on state etc. Since your wife applied on her own behalf (not being spouse of Irish citizen) she will be judged as a normal applicant (meaning jobs/payslips/p30 etc etc).
ok, I understand the residency part, but dependent spouses will not have any payslips etc to provide anyway.

9jeirean
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Post by 9jeirean » Wed Jan 12, 2011 12:00 pm

puremeteor wrote:
fatty patty wrote:I agree with AShawna the condition for naturalization is that the applicant is living in Ireland, and are not burden on state etc. Since your wife applied on her own behalf (not being spouse of Irish citizen) she will be judged as a normal applicant (meaning jobs/payslips/p30 etc etc).
ok, I understand the residency part, but dependent spouses will not have any payslips etc to provide anyway.
Based on the info in your initial post, I am assuming she is either on stamp 1 as per spousal Work permit or she changed her status to stamp 4 as per spouse of Irish citizen. Either way she will be expected to show prof of financial sustainability in her own right. In certain circumstances (more like with luck), it may be acceptable if you can show/proof that both of you can/ have lived on your income without resulting to state support. That is where it gets a bit tricky seeing as you are planning to leave the country. IMHO, I think your best bet is to hope that the additional documents request comes before you leave Ireland, so you can send in your own payslips etc with back Social Welfare reports for yourself and your wife (still not guaranteed to be acceptable to DoJ official but worth the try) or you may send in those documents now ahead of your leaving the country and hope that they don't come back to ask for updates.

Good luck.
Last edited by 9jeirean on Wed Jan 12, 2011 12:11 pm, edited 1 time in total.

puremeteor
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Post by puremeteor » Wed Jan 12, 2011 12:09 pm

@9jeirean,
She's on a stamp 4 (spouse of Irish citizen).
9jeirean wrote:[That is where it gets a bit trickier seeing as you are planning to leave the country. IMHO, I think your best bet is to send in those documents now ahead of your leaving he country and hope that they don't come back to ask for updates.

Good luck.
Good point.

The other option we have is for her to continue here on her own. While getting a job won't be too difficult, it's going to be more difficult on the personal front, but such is life!!

eagle100
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Post by eagle100 » Wed Jan 12, 2011 3:29 pm

puremeteor wrote:@9jeirean,
She's on a stamp 4 (spouse of Irish citizen).
9jeirean wrote:[That is where it gets a bit trickier seeing as you are planning to leave the country. IMHO, I think your best bet is to send in those documents now ahead of your leaving he country and hope that they don't come back to ask for updates.

Good luck.
Good point.

The other option we have is for her to continue here on her own. While getting a job won't be too difficult, it's going to be more difficult on the personal front, but such is life!!

Just a general question?
Does that mean a naturalized Irish citizen's spouse has to show her own financial means to get the citizenship?

If that is the case then it is ridiculous. Husband earning money belongs to husband/wife/children.

puremeteor
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Post by puremeteor » Wed Jan 12, 2011 3:48 pm

eagle100 wrote:
Just a general question?
Does that mean a naturalized Irish citizen's spouse has to show her own financial means to get the citizenship?
Don't think so usually.
But I think this particular situation is complicated by the fact that we won't be having any income for the next year unless my wife takes up a job. The initial plan for us was to just use up our savings.

eagle100
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Post by eagle100 » Wed Jan 12, 2011 4:08 pm

puremeteor wrote:
eagle100 wrote:
Just a general question?
Does that mean a naturalized Irish citizen's spouse has to show her own financial means to get the citizenship?
Don't think so usually.
But I think this particular situation is complicated by the fact that we won't be having any income for the next year unless my wife takes up a job. The initial plan for us was to just use up our savings.
Perhaps then to be on a safe side if your wife can get a job then it will be much better. You never know about these unclear Irish Laws.

9jeirean
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Post by 9jeirean » Wed Jan 12, 2011 4:13 pm

eagle100 wrote:
puremeteor wrote:@9jeirean,
She's on a stamp 4 (spouse of Irish citizen).
9jeirean wrote:[That is where it gets a bit trickier seeing as you are planning to leave the country. IMHO, I think your best bet is to send in those documents now ahead of your leaving he country and hope that they don't come back to ask for updates.

Good luck.
Good point.

The other option we have is for her to continue here on her own. While getting a job won't be too difficult, it's going to be more difficult on the personal front, but such is life!!

Just a general question?
Does that mean a naturalized Irish citizen's spouse has to show her own financial means to get the citizenship?

If that is the case then it is ridiculous. Husband earning money belongs to husband/wife/children.
Hi Eagle101,

In principle and in practice every application for naturalization (except for minors) is assessed as an independent application on it's own individual merit. These include applications from spouses of Irish citizens. Note that the underline interest of he DoJ is to ensure that the applicant had not recursed or is not proven to be at risk of depending on the state for financial support. They will be of the stance that spouses of Irish citizens have stamps 4 which enable them to enter into any sort of employment or set up their own businesses, so the easiest way to satisfy DoJ's interest is by showing proof of income for the applicant and record from social welfare that the applicant hadn't at any time in the preceding 3 years recursed to public fund.

The exception here would be in the case of dependent spouses of Work Permit holder who are on stamps 3. Seeing as they are restricted from taking unemployment in the state. Financial Records pay slips, P21 etc of the spouse would suffice in addition to clean record from Dept of SW

There is a case to be made for spouses who had previously been on stamp 3 who may have recently converted to stamp 4 after their spouse naturalized. In that case, I'll advice that the applicant attach a cover letter stating their circumstances and attaching financial record of their spouses to support ( a la my advice to puremeteor above)

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