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Non-EU...

smurfette2212

Right, so, if I could just start off by saying I've searched and searched and really hope this is in the right place...if not I really do apologise, and feel free to move/close it!! I have a question that is wedding-related though so I'm hoping it's ok... I recently got engaged and am getting completed caught up in planning / dreaming!! no dates have been planned or anything, but something is bothering me and I feel I should sort it out before going any further... My fiance is a non-EU citizen and one of my friends just told me something about having to write to the Minister for Justice to get permission for us to marry here. Is this actually true?? They were convinced that they had heard this on the radio a while ago... He has a green card / permit, so it's not a case of us marrying so he can stay here...it's because we really want to! Does such a letter exist? I've searched online, but to no avail, and it's too late to ring anyone official to find out. Thanks for any advice / knowledge!!

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Eoin

Congrats first of all. This site is a good place to start:
http://www.citizensinformation.ie/categories/birth-family-relationships/getting-married/

This part could be causing some confusion:

Since 5 November 2007 anyone marrying in the Republic of Ireland (irrespective of whether they are an Irish citizen or a foreign national) must give three months notification before they marry.

mikeanywhere

Great link there Eoin.

Hopefully this will also help

chanianaus

Congrats on ur engagement

Well if he is present in this country legally then there r good chances u wont have to write to department of justice,But if his visa is expired by even a day on date of marriage then u will have to apply to DOJ(Dept of Justice) and waiting time is 13 months and he cant work during the time.

But in some cases even if visa is valid and they think it is "marriage of convince" they will forward u to DOJ then they will ask u for all kinds of proofs of relationship.

One of my friends went to visa officer and was told it will take 13 months as case would be forward to Doj he took his file back and next day went to different visa office, Permission granted no problem.

And just to let u know by marrying a Irish National gives u no automatic right to stay in ireland.

Just in case ur file goes to DOJ

Open a common saving account
All bills on joint names
House lease on common names

as these things will be asked by Doj

smurfette2212

Wow - thanks for the info!! I knew we would have to give three months notice, but just wasn't sure if there woud be an extra requirement for a non-EU person!! It's just trying to search for answers left me so confused, so thanks! His visa & permit will still be valid by the time of the wedding, and for a considerable period after, so hopefully that will mean an extra letter won't be needed!!

ChocolateOrange

There was something on the radio recently about a couple who couldn't get an appointment with the registrar in time and so had to go to the courts - maybe this is what your friend heard. Sounds like you should be fine.

Kazzo

Hi,

I am a non-EU (Japanese) and my husband is Irish. We got married 2 months ago in a registry office here, just the same procedure as other Irish couples, and I got a permission for residence and employment at GNIB in Dublin straight away. They gave me no questions!

Before I got married ,I had had a residency on the basis of work permit (Stamp 1) which is similar situation to Green Card. I wouldn't have to change my status from Stamp 1 to Stamp 4 (Spouse of Irish) yet, because the expiry date was in 2009, but I wanted to get Stamp 4, so that I would be free to choose employment

If he is from non-visa required country, it should be very easy.
http://www.dfa.ie/home/index.aspx?id=8777
Just get married here, get marriage cert and go to GNIB together with the marriage cert and both your passports.
That's all. (Registration fee is free!)

But if he is a visa-required national, it'd be more complicated, like chanianaus explained.

smurfette2212

Thanks for that info - I now feel like I understand much better. He doesn't require a visa, so hopefully once we are married, it shouldn't be too complicated

Thanks!!

esharknz

I think the comment made with respect to getting extra permission for non-EU nationals to marry in Ireland is to do with the immigration bill in the dail at the moment. Doesn't look too much like it's getting very far at the moment. Couldn't actually say what form it would take. I'm non-EU and my fiance is Irish. We've just decided to get married overseas

Emerald Lass

I am getting married in May 09 (visit visa for my fiancé permitting, fingers crossed). I have been in touch with the registry office, and asked if there is anything special needed for marriages to a foreign national. I have been told, definitely NO! Thank god! its stressful enough! They don't even need a certificate of freedom to marry from their home country, as you will both be required to sign a legal declaration to say that there is no legal reason for you not to marry. He will only need the same as you - or equivalent:
long version birth cert or identity papers (showing DOb, mother and fathers names, country of birth, etc)
passport
PPS no (if he has one)

Any documents in a foreign language should be accompanied by a legally certified translation too, to be on the safe side. the girl did tell me that she knows of some who didn;t give a translation and it was ok, but others can get asked for it, so its best to have it anyway.

I was only speaking to the registrar on Wednesday, so this is very recently valid info!

Having said all that, I am still getting my partner to get a cert of freedom to marry from his country - just incase they change the goal posts in the intervening months!

As someone else said, all marriages must give at least 3 mths notice - otherwise you need a court order to have it sooner. I am getting married in May and only just got in by the skin of my teeth, and that is four and a half mths notice. Also bear in mind that the less time you give for notice, the fewer choices of dates you will have.

The one good piece of news is that there is no DOJ provision needed - for now! but keep an eye on it, especially if it will be many months/years before you actually get married (need to do all that saving! lol)

Also regarding the change in visa after marriage thing - if you apply for a spouse of an EU citizen visa, this can take months and get tied up in a LOT of red tape. The advice I have been given is rather than apply to DOJ for this visa, just go directly to the GNIB with proof of the marriage - i.e the marriage cert. Bring any other proof you have - shared bills, proof of address, photos etc. On this basis of this, you should well be granted a Stamp 4 as he will then be a husband of an Irish national, and due to the importance of family in our constitution, the government are not actually allowed to split up a family uneccessarily. If they do not allow him to stay with you, in effect they are forcing you apart from your family. If they consider it a marriage of convenience they may well give an interim stamp and request an enquiry by the DOJ, but AFAIK they cannot outright refuse to give him the stamp. And if he already has a work permit/permission to work here, then the work stamp is a moot point. But make sure you have plenty of time remaining on his current visa to make this application - if they decide to take a week or two to approve it or not, and his visa ends during that time, he will have to leave and then you may HAVE to go down the DOJ route which is a nightmare!

But so far, I have not heard of anyone beig REFUSED a stamp - they often refuse a work permit on the visa, but generally they do allow the partner to stay.

I am currently under the stress of waiting to hear if they will grant my partner a visa to actually come to our wedding! aaarrrggghhh! we had to change the venue from his home country to mine due to family illness - we are still not sure if we will return to Turkey or stay in Ireland for 6 mths or so - it will alldepend on a) if they give him a holiday visa here so he can get married to me and b) if they do, once married will they allow him to stay! thank your lucky stars that at least your partner is in Ireland already, as it is nerve wracking booking a wedding when you don't even know for certain if the groome will be allowed to attend! please all keep your fingers crossed for us!

Give the registry offices in your area a call, tell them the situation, they are very helpful and nice. and you can get an idea of dates etc.

Congratulations, and all the best for your future!

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