Visa - Civil partner of me an Irish national and Travel issues

Starfox

So me and my partner are getting married later this year. I am Irish and he is Brazilian. After the marriage we want to go to Brazil together as a kind of honeymoon I guess although Im not very traditional nonetheless I am really looking forward to visit his family and his country but we are worried he will have difficulties returning to Ireland on our return. There is detailed information on this page - http://www.inis.gov.ie/en/inis/pages/wp07000024

The problem is he currently does not have a stamp 4 visa and I think the process of getting approval to be allowed to reside in this state can take up to 12 months and the marriage is just over 3 months away with the trip to Brazil planned in 4.

If retuning to Ireland he was not allowed access back here i'd end up moving to Brazil lol.. but seriously I don't want that to happen. Obviously I know there are strict rules in place to protect our country and stop illegal marriages taking place which I respect and agree need to be in place but its also a curse for genuine people like us in our position.

Does anyone have any information on how we could get around this if possible or if we left for Brazil do you expect that he would be denied access back in to Ireland on the return?

Another thing is after the marriage we need to wait 30 days before we can receive the marriage cert, and to apply for a stamp 4 we need to both present the cert to our local Garda National Immigration Bureau Registration office... and after that the waiting period for permission to reside here/stamp 4 as I said could be 12 months... So with all that said, does anyone have any legit information on all of this? If we leave to go on holidays in a few months will my partner likely have trouble re entering back here?

Thanks

Hippo

What is your partner' current immigration status? In any event you're probably best advised to consult a solicitor, there are plenty of specialists in the area. Good luck with everything.

Starfox

Hippo wrote: »

What is your partner' current immigration status? In any event you're probably best advised to consult a solicitor, there are plenty of specialists in the area. Good luck with everything.

He has a student visa that runs out soon but he can renew for another 8 months. We are just checking if there's other ways because that is pretty expensive to do that if not necessary

Really Interested

Starfox wrote: »

He has a student visa that runs out soon but he can renew for another 8 months. We are just checking if there's other ways because that is pretty expensive to do that if not necessary

Not a attack but you can afford a wedding and a honeymoon, but you will not spend the money to sort out what is in effect the most important issue for ye as a couple at the moment. A consultation with one of the experts in the area in Ireland will set you back €500 max, less that the cost of one return ticket to South America, way less than most brides will spend on a dress less that two suits for groom and best man, about 2 dozen bottle of cheap bubbles at the reception.

A solicitor could advice you on all your options and protect your partners immigration status, just imagine the costs if it all goes wrong.

Starfox

Really Interested wrote: »

Not a attack but you can afford a wedding and a honeymoon, but you will not spend the money to sort out what is in effect the most important issue for ye as a couple at the moment. A consultation with one of the experts in the area in Ireland will set you back €500 max, less that the cost of one return ticket to South America, way less than most brides will spend on a dress less that two suits for groom and best man, about 2 dozen bottle of cheap bubbles at the reception.

A solicitor could advice you on all your options and protect your partners immigration status, just imagine the costs if it all goes wrong.

I won't even get into my views on marriage and traditions but we are not having a traditional (stupidly expensive) one, something small with some friends and no dresses will be involved :P

I will likely take the solicitor route. I have emailed Immigration already and they are having a game of pong with me sending me over to the registration office who in turn send me back to immigration so i'm getting nowhere. This is Ireland though.

Anyway, the wedding won't be costly, the tickets are repetitively cheap

clueless999

I dont understand the concern of why your fiance will be denied entry upon coming back. But will try to answer your stamp 4 issue based on my experience.
We got married overseas (while we were both living overseas and one of us is Irish). While overseas we apply for Stamp 4 - Embassy said it took 6 months to process but in reality it took 8-9 months to get the approval for Stamp D (a single entry visa for spouse of Irish that give you 3 months stay in Ireland).
Once your fiannce get his stamp D he need to go to Ireland to register for a Stamp 4 (was given a 3 year one). Note that the application for stamp 4 is on appointment and could take more than 3 months (i.e. more than the lenght of your stamp D). I got lucky due to a last minute cancellation, otherwise I would have to leave the country and come back for the Stamp 4. After getting the stamp 4 (which gives him permission to remain in Ireland), your fiannce also need to apply for re-entry visa (this allows him to re-enter Ireland after exit - so in cases like he needs to travel etc). So re-entry visa is not urgent depending on your circumstance but yeah budget some time for that too.
Many people in my office did not go under stamp 4 route due to its time consuming nature and instead just apply a work visa in their own capacity (if your fiannce has a job where the employer is willing to sponsor his work visa). If not, you either must go to Brazil, or he comes to Ireland, or you both be apart for about a year, while waiting for processing. This is just my own thinking but there could be some scheme out there for your scenario please find out.
I wont spend on a lawyer. All this information is available online, or you can easily call GNIB office. We did all this on our own - though very confusing but I hope this clears up a bit.
All the best for your wedding and honeymoon.

Starfox

clueless999 wrote: »

I dont understand the concern of why your fiance will be denied entry upon coming back. But will try to answer your stamp 4 issue based on my experience.
We got married overseas (while we were both living overseas and one of us is Irish). While overseas we apply for Stamp 4 - Embassy said it took 6 months to process but in reality it took 8-9 months to get the approval for Stamp D (a single entry visa for spouse of Irish that give you 3 months stay in Ireland).
Once your fiannce get his stamp D he need to go to Ireland to register for a Stamp 4 (was given a 3 year one). Note that the application for stamp 4 is on appointment and could take more than 3 months (i.e. more than the lenght of your stamp D). I got lucky due to a last minute cancellation, otherwise I would have to leave the country and come back for the Stamp 4. After getting the stamp 4 (which gives him permission to remain in Ireland), your fiannce also need to apply for re-entry visa (this allows him to re-enter Ireland after exit - so in cases like he needs to travel etc). So re-entry visa is not urgent depending on your circumstance but yeah budget some time for that too.
Many people in my office did not go under stamp 4 route due to its time consuming nature and instead just apply a work visa in their own capacity (if your fiannce has a job where the employer is willing to sponsor his work visa). If not, you either must go to Brazil, or he comes to Ireland, or you both be apart for about a year, while waiting for processing. This is just my own thinking but there could be some scheme out there for your scenario please find out.
I wont spend on a lawyer. All this information is available online, or you can easily call GNIB office. We did all this on our own - though very confusing but I hope this clears up a bit.
All the best for your wedding and honeymoon.

My concern is this. If we leave for Brazil in November he will have only applied for Stamp 4 and it states here http://www.inis.gov.ie/en/inis/pages/wp07000024 that ‘’ Marriage to an Irish national does not confer an automatic right of residence in the State. A non EEA national who wishes to reside in the State on the basis of their marriage to an Irish national must make an application for permission to remain in the State.’’ So a non EEA national who wishes to reside in the State on the basis of their civil partnership with an Irish national must make an application for permission to remain in the State.

So basically he will only have applied for this and awaiting it to be approved on re-entering Ireland. I was also speaking to citizens information today and the lady advised me to research a multi-travel visa for him that would allow him to travel in and out of the country many times. And in certain situations he might be able to apply while in Ireland, and I am hoping this is a certain situation..

Really Interested

Starfox wrote: »

I won't even get into my views on marriage and traditions but we are not having a traditional (stupidly expensive) one, something small with some friends and no dresses will be involved :P

I will likely take the solicitor route. I have emailed Immigration already and they are having a game of pong with me sending me over to the registration office who in turn send me back to immigration so i'm getting nowhere. This is Ireland though.

Anyway, the wedding won't be costly, the tickets are repetitively cheap

I have no issue with marriage or the traditions of same and I would agree wasting money is not a great idea. You are aware of you don't marry you do not need to for immigration purposes. As a defacto permission might be a option.

I know for a fact that one of the main solicitors in the area will provide a consultation for 500 and at a guess to make all necessary applications a further 1000 to 2000. Even a cheap wedding and two cheap flights are about that. My point was if you are on a budget then what's more important.

Fred Swanson

This post has been deleted.

Starfox

Fred Swanson wrote: »

This post has been deleted.

When applying for Stamp 4 at the immigration office even if married In November and without having a current stamp at that time (having permission to reside in Ireland at the time of applying for stamp 4) will this be a problem? or have I answered my question.

Fred Swanson

This post has been deleted.

Starfox

Fred Swanson wrote: »

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The problem is he won't have a tourist stamp for very much longer, especially not in november. I think maybe the only way is for him to renew a new student stamp