Immigration/ Visa Query

prideaspunch

Hi,

I am a 29 year old Irishman, currently working in Canada.My wife is from Guinea (West Africa) we have a 15 month old child together.

We met in 2010 when I was travelling and working in West Africa.
Our relationship has gone from long distance to ultra-long distance since I moved from Ireland to Canada.
A recent trip to Guinea cost me $2400 just for the flights and took the guts of three days to get there. It's become really difficult since moving to Canada.
I will be able to bring them to here in roughly September 2014, when I'm granted permanent residency.

They have been to Ireland twice already both times on a one month Visas......for which we had to give proof of funds, letters of invitation, and a lot of pleading.
Since then we have been married and my son has his Irish passport.

I am wondering if in your opinion it would be possible to bring them to Ireland on a longer term basis to stay with my family, so I can commute over and back to Canada and see them more regularly.

Any help would be greatly appreciated.

Best Regards.

ResearchWill

Can't give advice on this forum. But I do work in immigration law and your question has stumped me, not because of the move by your wife and son to Ireland but the eventual move to Canada. The Zambrano decision will have impact. But what you need to do is have your family in ireland contact either a good immigration solicitor (there are only a handful in the country) or they or you could try and arrange a visa for you wife directly through INIS (could be a nightmare the computer says no).

In reality it may be as simple as setting out all the facts to the INIS, your wife getting a stamp 4 to Ireland and then go through the process to get into Canada next year.

http://inis.gov.ie/

http://www.google.ie/#sugexp=eqrwrth&gs_rn=15&gs_ri=tablet-gws-psy&suggest=p&cp=24&gs_id=2o&xhr=t&q=immigration+solicitor+ireland&es_nrs=true&pf=p&sclient=tablet-gws&safe=off&site=&source=hp&oq=immigration+solicitor+ir&gs_l=&pbx=1&bav=on.2,or.&bvm=bv.47244034,d.dmQ&fp=80150fce867e239b&biw=768&bih=882

prideaspunch

Thanks for your reply Will.
I just got a reply from INIS saying that she could possibly get a C Visa, for 90 days, as I am not resident in Ireland.
I am however, only in Canada on a temporary work Visa, I'm not actually resident here.
I just replied to her so, I'll be hearing back on Monday hopefully.
Once I get approved for Canadian permanent residency, my wife and child will receive the same automatically.
I find it incredible that having spent my whole life in Ireland, working and paying tax there for years, that all I'm entitled to is a possible holiday visa for my wife.

I think a solicitor is probably for the best.

ResearchWill

prideaspunch wrote: »

Thanks for your reply Will.
I just got a reply from INIS saying that she could possibly get a C Visa, for 90 days, as I am not resident in Ireland.
I am however, only in Canada on a temporary work Visa, I'm not actually resident here.
I just replied to her so, I'll be hearing back on Monday hopefully.
Once I get approved for Canadian permanent residency, my wife and child will receive the same automatically.
I find it incredible that having spent my whole life in Ireland, working and paying tax there for years, that all I'm entitled to is a possible holiday visa for my wife.

I think a solicitor is probably for the best.

Your wife is entitled to a Stamp 4 based on your marriage and also based on your Irish Citizen Child. The issue is not that its that you are not currently in Ireland, also it is in any event the fact that your wife is going to move to Canada in the near future. The problem also is that a stamp 4 application for your wife based on marriage and or based on Zambrano are usually applied for in Ireland. But best of luck to her.

wil

If using solicitor, chose one with this particular expertise as RW suggests otherwise you might waste quite a bit of time and money. Seen this happen to an acquaintance.
If you haven't done already, get all your documentation, including solicitor
notarised copies of marriage cert, birth cents etc and translation if necessary, all your proofs of residence, covering previous years, 3 per year. The residency part is probably the biggest issue.

Dandelion6

I don't think Zambrano will have any impact as the Irish government has interpreted it to apply only to children who already are or were ordinarily resident in Ireland. While the child obviously has an entitlement to live here, granting residency to the mother would be a matter entirely of discretion. TBH I think it would be unlikely since the basis of the application seems to be your convenience in visiting them and this won't be an issue next year anyway. But if you can afford the solicitor's fees there's no harm giving it a shot.