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Honest mistake in Visa application...

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  • 18-03-2013 5:55pm
    #1
    Mr Floyd
    Registered Users Posts: 68 ✭✭


    Hello,

    Need some advice, I'm trying to bring my non-EEA girlfriend to Ireland. She had was initially granted a holiday visa but since it says on the INIS website that these cannot be extended we decided to apply for a long stay visa instead, so she actually did not use the holiday visa. We recently got refused the long stay application but can appeal the decision. The reason given is 'Does not qualify for Join Partner Visa'...which at first I did not fully understand.
    Now I am going to admit in the application we did apply for 'Join Irish Partner' as the type of long stay visa because I genuinely did not know that 'Partner' refers exclusively to same sex couples, I thought it meant girlfriend or boyfriend, my own fault fault and ignorance I admit.

    We are not the same sex so now I'm thinking I made a very big mistake and should have originally applied for a defacto visa. So I guess my question is does anybody think if I explained all of this as clearly as possible in the appeal that they they could somehow find it in their hearts to take this into consideration and maybe treat the application as de-facto.

    To start all over again will cost me a lot of time and expense not to mention heartache.
    Any comment or advice much appreciated, thanks in advance.

    Mr Floyd.
    Tagged:


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    #2
    tatli_lokma
    Registered Users Posts: 3,332 ✭✭✭tatli_lokma


    Honestly, in my experience, no they won't regardless of how well you explain yourself. In fact, most applications go to a specific team, so the defacto visa won't be processed by the same team as the 'partner' visa. Also, the requirements are not 100% the same. It would actually work out quicker to just put in a new application, because by the time you write to them and they write back telling you that they won't reassess it, you would have already been on the way to the defacto.

    However defacto can take up to a year to come through. If you are engaged and planning on marrying, she can apply for a visit family visa with the purpose of getting married. Then once married you can apply for stamp 4.

    The other thing which might work is to apply for a short stay, and although these cannot be extended, you can lodge an application for the defacto as soon as she arrives. You then request a non-deportation order. So technically your visa doesn't get extended, but they won't deport you while your new application is being processed. Having said that, given you applied for the join partner visa already they probably wouldn't give the short stay visa now.


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