how to marry a non eu national in ireland, please help?

f16_steve · Post by **f16_steve** » Mon Sep 04, 2006 9:39 pm

Hi there,
I am an irish citizen and have been going out with my fiancee about 2 years now. She is currently on a student visa. We have just recently decided to get married but as we have never done this before didnt realise there was so much red tape attached. My fiancee's student visa is up in 1 month. I have just read that you need to give 3 months to the registry office before you get married which means her visa will be up. Does this mean she cannot stay in the country? We can barely be apart for 2 days never mind 3 months. What can we do in this case? Would it be better to go to her country to get married and then apply for a spouse visa to come home? We are completely sick with worry and its very hard to get a proper nights sleep. Please can someone offer us some advice or tell us what we need to do? Thank you so much.

Stiofan.

scrudu · Post by **scrudu** » Tue Sep 05, 2006 10:05 am

Hi Stiofan,

You didn't mention where your GF was from, so I am presuming she is from a non-EEA "visa required" country (e.g. China). The process is different if she is from a non-EEA country who is not "visa required" (e.g. Singapore, USA). Check out http://www.dfa.ie/services/visa/01.asp if you don't know.

Sorry to be the bearer of bad news, but no, your GF cannot get your visa extended on the basis of planning to get married to you. If there is some other way she can extend her student visa do try for, but I think you have to leave the country to get a new student visa. Please check because I am not sure about the procedure Student visas.

MARRIAGE IN IRELAND
-------------------------------
You do indeed have to give 3 months notice to a Marriage Registry office for any marriage. But that's not all. A big question is where are you living? If in Dublin, due to how busy the Registry Office is, the news is even worse. The waiting list for marriages is about 7-9 months, so even if you hand in your notice, you will be waiting another new months after that for:

a. a date to meet the Registrar to carry out all the paperwork
b. a date to get married by the registrar.

If you are getting married outside of Dublin, the waiting lists are a lot shorter, and you can probably get a date soon after your 3 month notice period has expired. But you do need to live in the local area of the Registar for the 7 days preceding the "Paperwork Meeting". You also legally need to wait 22 days after that meeting before you can get married. So, DO plan your marriage well in advance.

Best case scenario for a marriage in a non busy registry office is the following

1. Submit your application to marry
2. Wait 3 months for Notice period to expire
3. Organise appointment to carry out paperwork with Registrar
4. Live 7 days in the area where the Registrar is based
5. Have appointment to clear paperwork at appointment with registrar
6. Wait 22 days
7. Marry !!

Check out further paperwork details at the General Registry Office website: http://www.groireland.ie/

TOURIST VISA TO ENTER IRELAND
----------------------------------------------
For your GF to return to Ireland she will have to apply for a tourist visa. If she is granted a visa, it will only be a 3 month non-extendable visa, so if your marriage date isnt until after she leaves you will be left in the same situation again. The tourist visa was a simple enough procedure and takes approx 8-10 weeks for processing. Include the following documents in our application:

1. completed visa applicaton form
2. 1 photograph size 4*6cm
3. Fee to Embassy (depends on where you apply)
4. Passport of your GF
5. Letter from your GF's employer to say she will return to work
6. Letter of invitation from you including details of the visit and you know her
7. photocopy of all pages of your and her passports
8. bank statements from my bank accounts here

Some of my tips for your application would be:

1. Do get a letter from someone over there to say he is employed and will return to work or study, even if you plan to marry here! The C Type Tourist visa cannot be extended so the Irish Gov want to ensure that he has a job/life to go back to.
2. Do show bank account details for yourself. I know of people refused as they didnt submit bank statements. The irish Government want to make sure that your fiance will not be dependent on the State, so you need to show that you can support her.

Further visa details at http://www.dfa.ie/services/visa/default.asp?m=s .

AFTER MARRIAGE IN IRELAND
------------------------------------
Note, that after your marriage your wife will have two options:

Option 1: Apply to the Dept. of Justice, Equality and Law Reform for Permission to Remain. This currently takes a minimum of 16-18 months to process. During this time,
- 1. the non-EEA spouse will not be permitted to work
  2. the non-EEA spouse will have no visa status other than "visa pending"
  3. the non-EEA spouse will not be issued with any form of a "bridging" visa
  4. the non-EEA spouse will not have any stamp on their passport to show that they are currently have any "legal right" to be present in the State, and to prove that they are not merely "overstaying" the visa they entered on. This means they will be refused a visa to enter any other country (e.g. for purposes of tourism)
  5. the non-EEA spouse may not leave the State as they must be "residing in the same household and in a family unit with that Irish national"
  6. the non-EEA spouse may not apply for a GNIB Residence Card
  7. the 16-18 month period spent with visa status="Visa pending", will not count towards "period of reckonable residence" for any possible eventual citizenship application

Option 2: The other option is to return home and then apply for a D-Spouse Visa to return to Ireland. This currently takes approx. 8 weeks to process. If she is issued a D-Spouse visa, on her return to Ireland, she will be issued with a Stamp 4 on her passport. On presenting this to the GNIB, along with you, your marriage cert, your passports, she will receive a GNIB Green Card and be entitled to work. She may also apply for re-entry visas, should she wish to travel outside of Ireland.

OTHER OPTIONS
-----------------------
Leave the country and get married elsewhere. Then apply for a D-Spouse visa for her to return. This really is the shortest and simplest route. As long as your marriage in the other country is recognised as legitimate there, it will be recognised by Ireland. The D-Spouse visa takes anywhere between 1 week and a 2 months to issue, depending on which embassy you apply in (India = very quick, others = longer).

f16_steve · Post by **f16_steve** » Tue Sep 05, 2006 12:38 pm

Thank you so much for your detailed reply. Things are so much clearer to me now, i really appreciate it. She is from uzbekistan which is visa requiried. We will try to obtain a further student visa and the go abroad to get married. If i am understanding correctly we can travel abroad to get married and then apply for a spouse visa from that country even though she is currently on a student visa? And the quickest visa processing is more than likely in india? Thanks again.

Stiofan

scrudu · Post by **scrudu** » Tue Sep 05, 2006 1:18 pm

Hi Stiofan,

You're welcome for the info. If you can get a further Student visa, you can get married here. As I said, there is a long waiting in the Dublin Registry office, but you could be married in 4 months if you apply to a regional Registry office (e.g. Naas, only 27km from Dub). Your (then)wife could leave and apply for a D-Spouse visa from abroad to return.

If you go abroad & get married, you can apply for the D-Spouse visa from that country, or from any country once she is outside of Ireland. Yes she can apply for a Spouse visa even though she holds a Student visa. On re-entering Ireland she would get her Stamp 4. On the application form for the visa, she should state that she currently holds a valid Student visa for Ireland.

If an embassy can process the application themselves, this will be the quickest way to get a visa processed. Otherwise they need to send the application on to the Dept of Justice in Dublin. This of course takes more time. I don know which Embassys can handle applications directly, but one member said he got his visa within 1 week in India, so I figure India is such an Embassy. I dont know which others, possibly China as they also directly process Work Permit/Visa applications.

wonnabe · Post by **wonnabe** » Wed Sep 20, 2006 7:58 pm

Dear f16_steve,

Someone perhaps has mentioned it already, but you don't need to leave Ireland in order to change your GF status. When you submit your marriage documents ask for a letter at the registrar. With that letter you together go to GNIB to get a temporary visa extention until your wedding.

scrudu · Post by **scrudu** » Thu Sep 21, 2006 9:34 am

Wonnabe: I have to disagree with your information. If his GF enters the country on a C-Type Tourist visa (the only one she can apply for as she is not a spouse of an Irish/EU citizen), this visa cannot be extended. Even if they produce the "Registration of Intent to Marry" (from the Registrar) to the GNIB, their hands are tied and they strictly cannot extend C-Type tourist visas. Believe me, my (then) fiance tried numerous times with both the GNIB and Dept of Justice.

rachel12 · Post by **rachel12** » Sat Jan 15, 2011 7:34 am

Hi, I am agree with this information. Best wishes to you Stiofan for your married life. Be happy always.

fatty patty · Post by **fatty patty** » Sat Jan 15, 2011 10:03 am

If you apply for your intent to marry now, somewhere outside Dublin you should get it within 4-6 months. Ringaround and find out where you get a favourable date, most likely outside Dublin. A friend got married in Sligo she got the date in around 4 months. I would advise to ask your GF to try and extend her student visa if she can enough to get her over the line for 5-6 months. Because once you get into this going back to her country and marry etc it will delay the process more and more keep it in Ireland it will be quicker. Also bear in mind a person here in Ireland can live with their expired visa for atleast 3 months before it creates problems. I know couple people who are non-EU didn't extend their visa till 2-3 months and still got extensions from INIS (students/accountants etc), no questions asked. Now it is not ideal to do all stamps should be uptodate before they expire but i am stating because i saw this happening and hearing from others.

walrusgumble · Post by **walrusgumble** » Mon Jan 17, 2011 9:41 am

f16_steve wrote:Thank you so much for your detailed reply. Things are so much clearer to me now, i really appreciate it. She is from uzbekistan which is visa requiried. We will try to obtain a further student visa and the go abroad to get married. If i am understanding correctly we can travel abroad to get married and then apply for a spouse visa from that country even though she is currently on a student visa? And the quickest visa processing is more than likely in india? Thanks again.

Stiofan

I would not go to all that trouble of getting married abroad. It will have no effect, unless of coarse you went to another EU state for a short while and returned, but that would be another matter ie legal status for her in said country.

Even if you got married in another country (except an EU) there would still be no guarantee that the partner would be entitled to stay

However, However, the Minister seems far more lenient where the partner was legal at the time of application, or at least not have a deportation order. I would not loose hope at all at all.

Provided you can proof detailed evidence of relationship, cohabitation, joint finananical responsibilitites (eg utility bills, joint health insurance, joint bank account) for the said period, letters from family members and friends. Would her family be coming over for wedding or you heading over (strangely, that kind of thing with photos would at least proove the relationship is the real deal - that may not be possible money wise , ie bring her family over) Have you financed any of her college? If so, can you prove it? Are you working?

To be honest, you will have to see if the relationship is worth it, in the possible event that she would be asked to leave, for whatever reason. The caselaw, in particular ECHR makes it clear there must be "insourmountable obstacles" to show disporportionality of a breach of Artilce 8 (right to family life, which a state may breach). Issues like culture, language barrier, work, finance, difficulties but not impossibilities are not enough, to argue against removing a spouse and thus possible separation.

The partner should renew the student visa!!!! Then get married, provided that you have thought long and hard. If you can build up a solid case of evidence of relationship, on the basis of her being legal or at least no deportation order pending, you very well may succeed!!!

Wisco · Post by **Wisco** » Mon Jan 17, 2011 12:40 pm

You can actually waive the 3 month wait at the registry office (or you could when I went through it)- but you do have to go and speak to the registar and you and he or she signs some paperwork. Might be worth ringing the registrar and asking how to do it. Also, this was a registry office in rural Ireland, but the waiver is available to all, as far as I'm aware. Again, I did this a few years ago, so my information may be out of date, but it's worth looking in to.

walrusgumble · Post by **walrusgumble** » Mon Jan 17, 2011 4:06 pm

Wisco wrote:You can actually waive the 3 month wait at the registry office (or you could when I went through it)- but you do have to go and speak to the registar and you and he or she signs some paperwork. Might be worth ringing the registrar and asking how to do it. Also, this was a registry office in rural Ireland, but the waiver is available to all, as far as I'm aware. Again, I did this a few years ago, so my information may be out of date, but it's worth looking in to.

You will need a very good reason for it to be waived. It will involve a trip to the Circuit Court. Might not be cheap but it can be done yourself. I wonder what will a judge think if it involves immigration. I honestly do not know what could happen as there are no reports, but you could speak to a lawyer in family law

Wisco · Post by **Wisco** » Tue Jan 18, 2011 10:15 am

I don't remember having to go to court for that, but my memory is a bit fuzzy. However, I do know we did everything ourselves- no solicitors or anything like that, so it was not at all expensive. In my case, I also remember it being relatively hassle free, but again, it was a while ago so I can't give more advice than that.

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how to marry a non eu national in ireland, please help?

how to marry a non eu national in ireland, please help?

temporary extention