Residence in Ireland through spouse

watna

I wasn't sure what forum this goes in as it relates to moving back to Ireland from abroad but I'm hoping people will be able to help. Apologies in advance for the long post.

I'm living overseas with my fiance. We're getting married in Dublin next year and want to stay on in Ireland after the wedding to settle down. I need to get some info on visas/residency because I've no idea what to do but the Irish immigration office (ISIS) only takes phone queries every Thursday from 10am - 12.30pm (that's actually made me think twice about moving back actually!). I emailed them and they told me to call them or write them a letter which is the most ridiculous thing I've ever heard :rolleyes:

Basically, we get to Ireland ten days before our wedding. My fiance is not an EU citizen so he needs a visa to enter Ireland or he needs a return ticket so he can come in as a tourist. We've booked one way flights so this is a problem. We have a few ideas up our sleeves for this but I'm not sure how good any of them will be. The easiest one is to get a return ticket that is fully refundable.

My main query is what happens after we're married. According to the website if you are both legally in the state you go to the garda immigration centre with both your passports, your marriage certificate and proof of a joint address. Luckily, we have lived in Ireland together and at the moment we both have post being sent to my parents house (bank statements and things). Does anyone know if you get your residency there and then? I know a few years ago it was basically a stamp in your passport given to you while you were there, as long as you had the marriage certificat (an old manager of mine went through it and told me about it at the time) but I'm wondering if that has changed? Has anyone done it recently? In one place, the website makes it look like it takes up to 12 months for the residency to processed but others places it looks straightforward. It also says it isn't guaranteed. We've been together for years and have a lot of evidence to back up our relationship because we've been through the residency process before in New Zealand. The de facto partnership seems to take the same length of time. Obviously we can't wait 12 months, if that's the case we'll have to apply from here and wait and I really don't want to do that. There's lots on the website about if you're already married and you want to move back to Ireland but nothing relating to our situation.

I'm just really confused and a bit stressed. I've been very happy at the thought of moving home but I forgot how stressful visas are! If we can get the marriage certificate and get him sorted straight away it'll be fine. I'm going to call the immigration place on Thursday but I have a funny feeling we'll struggle to get through. I thought I'd see if any boardsies had been through the process recently.

universe777

This might help, you may have read it already..
http://www.citizensinformation.ie/en/reference/checklists/checklist_of_procedures_for_a_non_eea_national_living_outside_ireland_who_is_marrying_an_irish_national_in_ireland.html

I have been through it with an Aussie in 2009, but she had a work permit then so that might have changed things a bit.
It is as simple as turning up with passports, marriage cert and some bills maybe.
With any luck your partner will get the Stamp 4 there and then as mine did, that entitles them to remain in Ireland for 5 years and renew it thereafter or get citizenship.
Stamp 4 comes in the form of a GNIB card, they make it there and then.
Once your partner has a Stamp 4, they will not need a work permit and will be free to work and stay in Ireland.

Don't bother calling Immigration, they won't answer or won't be helpful, just go into them when you've tied the knot. No appointment necessary, just go early in the morning, start queueing at 8am maybe.

watna

Thanks for the advice! I ended up calling the citizen's advice bureau and then the immigration council of Ireland. Immigration don't take phone calls AT ALL anymore and don't respond to emails. Everything has to be in writing. I'm not going to get started on that because I'll rant for days but suffice to say I'm very very angry and upset about it all. I was in tears trying to get through to immigration, it was very stressful. I'll never ever complain about Immigration New Zealand ever again. The fact that two voluntary organisations had to give me advice because the immigration office can't be bothered is disgusting.

Anyway, the CAB told me what you've said basically, that we can report when he arrives and register for residency through de facto partnership, as we're getting married 10 days after we arrive. The also advised writing a letter notifying immigration that we intend to do this to confirm it is all ok. Apparently they respond to letters (which I'll believe when I see). We've been together for over 5 years and I have residency in NZ dye to de facto partnership so they reckon he'll get thje stamp 4 on the spot but if he doesn't they think he'll be given a temporary permit to allow him to stay in the country. So it looks like it will be fine but I feel a bit a nervous that the advice we received is not from the horses mouth, i.e. from an immigration official.