Deportation of an Irish citizen's mother

anonmother

I'm sorry if I'm posting it in the wrong forum (please direct me to the right one then), but I'm desperate for genuine advice from someone who might know the law because we are at a loss.

I am not an EU national. I came here as a student. My Irish citizen partner and myself have been together for 19 months (we only lived together for a year). We have a 5 months old son, an Irish citizen and a holder of an Irish passport. My stamp expires in the end of this month and our application for a stamp 4 was denied, as quotted, because we do not satisfy what is the legal requirment for a lasting relationship - 2 years. We presented all the evidence we could for being a genuine couple, we have an Irish citizen son, we sent them a letter of reccommendation from a Garda detective to testify for my character (he knows us personally), and we are engaged to be married (already spent almost 4k on the wedding). It was not enough.

What I'm asking is, is there anything else we can do? Do we have a case at all? This means tearing apart our family - they're forcing me to make a decision no parent should ever be forced to make: either I take my son away from his father, who adores him, and his loving family here and bring him to a dangerous country I don't want him to grow up in, or I abandon my son altogether. Not to mention the fact that his father and I are devestated from the mere idea of seperation.

We don't know what to do... My partner wants to go to the immigration offices in Dublin and appeal on Monday, but I feel we have no basis for said appeal.

Does anyone know anything about this?

Any advice is appreciated.

Thank you.

AntiRip

anonmother wrote: »

I'm sorry if I'm posting it in the wrong forum (please direct me to the right one then), but I'm desperate for genuine advice from someone who might know the law because we are at a loss.

I am not an EU national. I came here as a student. My Irish citizen partner and myself have been together for 19 months (we only lived together for a year). We have a 5 months old son, an Irish citizen and a holder of an Irish passport. My stamp expires in the end of this month and our application for a stamp 4 was denied, as quotted, because we do not satisfy what is the legal requirment for a lasting relationship - 2 years. We presented all the evidence we could for being a genuine couple, we have an Irish citizen son, we sent them a letter of reccommendation from a Garda detective to testify for my character (he knows us personally), and we are engaged to be married (already spent almost 4k on the wedding). It was not enough.

What I'm asking is, is there anything else we can do? Do we have a case at all? This means tearing apart our family - they're forcing me to make a decision no parent should ever be forced to make: either I take my son away from his father, who adores him, and his loving family here and bring him to a dangerous country I don't want him to grow up in, or I abandon my son altogether. Not to mention the fact that his father and I are devestated from the mere idea of seperation.

We don't know what to do... My partner wants to go to the immigration offices in Dublin and appeal on Monday, but I feel we have no basis for said appeal.

Does anyone know anything about this?

Any advice is appreciated.

Thank you.

I am so sorry to hear your story, but you should do for your partner says rather than get advice (misformed or not) from a bulletin board. Go to the immigraion office and get legal advice. Best of luck to you.

Dante09

The law in this area is quite complicated but as far as im aware you will be fine for several reasons not least of which is the recent Metock judgement from the European Court of Justice. Go see a solicitor (a good one) ASAP---and dont say you cant afford one---if you can spend 4k on a wedding you are yet to have, you can afford a solicitor. Good luck with it and im sure you'll be ok.

murraymarmalade

your decision is either you leave the child here or take him with you? and i take it your partner wont go with you?

if your afraid to return home as its dangerous then i would imagine you could apply to be an aslyum seeker?what country you from?

BQQ

I would also advise you to get legal advice from a good solicitor. It's not that expensive (less than 100 euro in my experience).

The decision is definitely strange. My wife is a foreign national who was here as a student. We were together for about 1 year then got married and she was given a stamp 4 visa.

Jarren

anonmother wrote: »

I'm sorry if I'm posting it in the wrong forum (please direct me to the right one then), but I'm desperate for genuine advice from someone who might know the law because we are at a loss.

I am not an EU national. I came here as a student. My Irish citizen partner and myself have been together for 19 months (we only lived together for a year). We have a 5 months old son, an Irish citizen and a holder of an Irish passport. My stamp expires in the end of this month and our application for a stamp 4 was denied, as quotted, because we do not satisfy what is the legal requirment for a lasting relationship - 2 years. We presented all the evidence we could for being a genuine couple, we have an Irish citizen son, we sent them a letter of reccommendation from a Garda detective to testify for my character (he knows us personally), and we are engaged to be married (already spent almost 4k on the wedding). It was not enough.

What I'm asking is, is there anything else we can do? Do we have a case at all? This means tearing apart our family - they're forcing me to make a decision no parent should ever be forced to make: either I take my son away from his father, who adores him, and his loving family here and bring him to a dangerous country I don't want him to grow up in, or I abandon my son altogether. Not to mention the fact that his father and I are devestated from the mere idea of seperation.

We don't know what to do... My partner wants to go to the immigration offices in Dublin and appeal on Monday, but I feel we have no basis for said appeal.

Does anyone know anything about this?

Any advice is appreciated.

Thank you.

Ok. so...

First thing to do is appealing the decision.Second I understand that you not married yet so get married as soon as possible.my wife is non eu national however after getting married (just over 3 months ago )she got stamp 4 and no single question asked.We've been living in Ireland for last 3 years together(no kids) so register office is the answer imho.

Good luck:)

mickoneill30

I second that. Obviously don't just get married for a visa but if you're going to get married anyway get a ceremony done in a registry office as soon as you can. You can still have your big church wedding or a blessing later I presume.
I got married in a registry office in Armagh. They didn't have a huge waiting list and it suited us better. However if you're getting married in the UK and you're not European you may need a marraige visa for there so that might scupper that for you. If you don't have enough time before deportation I presume you could arrange a registry office wedding in your home country but that means you'll be apart for a few months.

Good luck on Monday. I feel sorry for you but this stuff shouldn't have been a suprise. The GNIB will tell you whatever you want to know and there are plenty of websites. Hopefully you have time to arrange a registry office marraige. I think it takes 3 months in Ireland. It's a bit shorter in the UK.

Once you have a marraige cert getting a permanent Stamp 4 is a formality.

The only other thing I can think of is maybe contact your local TD. They may be able to help you. Probably not though. The GNIB have their rules and I presume if they bent them for one they'd have to bend them for everyone.

Edit: Actually I think if you go into the GNIB with a cert from the registry office saying you are due to get married soon (less than 3 months) they may extend your visa till the day after you get married. Now I don't work in the GNIB and I'm not a Gard and I'm not familiar with all their rules but if all else fails ask them if they can do that as a last resort. If they say yes then you go straight out of the GNIB and straight down to the registry office on the canal and arrange your date. I don't want to be giving you any false hope there. I don't know their job and I don't know all your details so theres a good chance this isn't applicable to you but it's no harm asking on Monday when you're there.

anonmother

Thank you so much for your replies.

I am Ukrainian, but hold an Israeli citizenship (neither is EU). I don't want to bring our son to Israel because I don't want him to grow up there. Aanyone who's ever ived there would know why. I'm reluctant to go back myself, but bringing him there is my worst nightmare. Having said that, I do not believe I have grounds for asylum.

My partner can't come with me. He has a very good job here and his family is here, to whom he's very close. But that aside, I don't want him there for the same reason I don't want my son there, not to mention that if he does move there, he will have no rights at all as not only is he not married to me, he is not Jewish. He will have no job prospects and no knowledge of the language.

I know it seems that we can afford everything because we spent 4k on the wedding, but in fact, these were our savings - money saved over 2 years. We don't have anything more. We were going to take out a loan to cover the rest and if we need to, we'll take one to get a solicitor as this is our only way to get the money.

I don't know if we have enough time to get a letter from the registrar. I know it will not get in the way of our church + venue wedding later on, but I wonder if they will even see us on such a short notice...

Thank you again for your replies.

Dandelion6

Dante09 wrote: »

The law in this area is quite complicated but as far as im aware you will be fine for several reasons not least of which is the recent Metock judgement from the European Court of Justice.

The Metock judgment only applies where the EU citizen spouse is from a different member state - not from the host member state. OP's partner is Irish so it won't apply to them in Ireland (at least not this part of Ireland).

BQQ wrote:

The decision is definitely strange. My wife is a foreign national who was here as a student. We were together for about 1 year then got married and she was given a stamp 4 visa.

Let me guess is she American, Canadian, Australian...

OP you should phone the Immigrant Council on St Andrew's Street for advice. They deal with a load of these cases. One thing that is quite common is that the GNIB will eventually grant permission but not until putting people through absolute hell for a while. Don't give up hope.