Can my girlfriend move here?

DJW11

Hi all,

Not sure if this is the right forum to post this question but its the closest i could find.. The thing is my girlfriend and I have been going out about a year now, I was born, live and work here in Ireland, she's American in her final year of study in her degree, our plan was for her to move here in December when she graduates, as i have a solid job, and she's possible looking to do a masters here...

Now you'll have to excuse my ignorance on this but i just assumed she could come here and stay with me as I'm Irish, but it turns out she can only stay for 3 months if she comes in December, and only travel here on a student visa once a course were to start...

Ive been looking through a few posts and looked up all the sites on non EU personal living in Ireland but I'll idmit I'm getting a bit lost with all the different visa's, the possibility of getting married just to be together, talking to TD'S etc....

Can anyone shed any light on this for me?
Or have any experience with this?

Thanks!

tatli_lokma

DJW11 wrote: »

but it turns out she can only stay for 3 months if she comes in December, and only travel here on a student visa once a course were to start...

don't think this is the right forum for this, but from my experience I would say, that what you said above is spot on. Her initial visa to Ireland will be for 3 mths, and then she would need to apply for a new visa to remain to study (providing she is here to study) in that case she can work 20 hours only.

This is not the best forum for this. Perhaps try newtotown.ie - lots of advice on there on moving to Ireland, visas etc.

Kimono-Girl

If you are thinking about marrying her so she can get a visa you are going the wrong way about it,

currently one of my friends is dating a girl from Thailand he wants to marry her and live here but has to put it off so she can get a visa,

likewise a Turkish friend wants to live in Ireland and wanted to marry an Irish girl to get a visa,

so i've been very exposed to this area lately,


First, the people in charge of this area are cracking down on 'visa marriages' so much so the genuine cases like your own seem to get put through the ringer.

If you are only dating a year, you honestly would need to wait another 2 or 3 years and show evidence of you flying there or her coming here at least 4 times a year. obviously the more of an attempt you make to spend time together and/or the more time you are together will strengthen your case and prove to them your relationship exists for non-visa reasons.

there was a case recently published here in cork about a cork man who was dating an American who had to go home with his irish child because they only dated 1.5 years before getting married, the child came along 9 months after, was born here and still she was denied a visa. (she had the option of leaving the child with the father but they decided on this situation in the meantime) he's fighting it tooth and nail and raising awareness to help them.

so if they will tear a family apart, a marriage will be torn apart too.

My friends Fiancee is an air-hostess so she travels here frequently and she is currently trying to get a job based here and a visa here, your girlfriends best bet is to try and get a work visa here. that is now what our Turkish friend is doing too and from what i can see is the best option for everyone.


i hope it helps, and good luck!

Mr. Presentable

The system sounds harsh on genuine couples, but is there for good reason.

On an aside, ask your girlfriend what would be involved were your positions reversed. Just for comparison purposes.

DJW11

Thanks for the feedback folks, its much appreciated...
As much as i would love to started moaning about how I'm not happy about red tape stopping me from bringing the girl I choose to love into my home country to live with me, i wont, as I know why its there, and I know its there for good reason...none the less it has angered me, I cant imagine the pain that family in cork are going through, that sounds harsh and completely unjust in my opinion...To be honest we had talked about marriage, it would not bother either of us, an we would not hesitate if we had to but we would prefer not to as it would be nice to enjoy some years as girlfriend and boyfriend. I have looked into me going to the US instead as my grandmother was american, but i then found out that I had to claim my citizenship before I was 18, I'm now 26, and through talking to a few people in a similar situation I've found out that trying to move to the US is much harder...
I'm a bit lost with this situation as I personally refuse to take the fact that I cant choose who I want to love, and who I want to bring to my home!..Last year I lost my job due to the company I had been working for shutting, and purely because I knew I could support myself through savings I had for a few months until I found more work I chose not to join the social welfare line, thinking I was doing my bit to help....Why on earth did I bother, when it looks like my own country will now refuse to help me....

I wont let this go, I want to be with her, I'll maybe talk to a local TD or solicitor and see exactly what my options are...

Thanks again for all yours comments:)

iguana

Moved to Legal Discussion. I'm very sorry if this is the wrong forum.

blueythebear

DJW11 wrote: »

Hi all,

Not sure if this is the right forum to post this question but its the closest i could find.. The thing is my girlfriend and I have been going out about a year now, I was born, live and work here in Ireland, she's American in her final year of study in her degree, our plan was for her to move here in December when she graduates, as i have a solid job, and she's possible looking to do a masters here...

Now you'll have to excuse my ignorance on this but i just assumed she could come here and stay with me as I'm Irish, but it turns out she can only stay for 3 months if she comes in December, and only travel here on a student visa once a course were to start...

Ive been looking through a few posts and looked up all the sites on non EU personal living in Ireland but I'll idmit I'm getting a bit lost with all the different visa's, the possibility of getting married just to be together, talking to TD'S etc....

Can anyone shed any light on this for me?
Or have any experience with this?

Thanks!

Best thing to do is to get her here on a student visa and finish her masters, get a graduate visa and then apply for permission to remain on the basis of your relationship together (partner of irish citizen). As she is American, the sad fact is that this applicaton will not be examined in as much depth as it would be if she was from a poorer nation. During the time she is here, bear in mind that documentary proof of your relationship together is key and should be collected during this time for the future application.

blueythebear

Kimono-Girl wrote: »

there was a case recently published here in cork about a cork man who was dating an American who had to go home with his irish child because they only dated 1.5 years before getting married, the child came along 9 months after, was born here and still she was denied a visa. (she had the option of leaving the child with the father but they decided on this situation in the meantime) he's fighting it tooth and nail and raising awareness to help them.

so if they will tear a family apart, a marriage will be torn apart too.

I'm not suggesting that you're lying or anything like that but if that American woman is the mother of the Irish citizen child, I don't see how she could have been refused a visa unless there was something in her circumstances that warrant it (criminality comes to mind). If she was refused, I think that any immigration solicitor would be recommending a judicial review in the High Court, especially on the basis of the recent Zambrano case in the ECJ.

Kimono-Girl

blueythebear wrote: »

I'm not suggesting that you're lying or anything like that but if that American woman is the mother of the Irish citizen child, I don't see how she could have been refused a visa unless there was something in her circumstances that warrant it (criminality comes to mind). If she was refused, I think that any immigration solicitor would be recommending a judicial review in the High Court, especially on the basis of the recent Zambrano case in the ECJ.

honestly i don't think it was mentioned why she was refused, just that she was. i think they didn't believe the relationship was genuine or something along those lines, or something to do with the whole having an Irish child does not give rights to the parent or some such regulation i'm not fully versed in these cases i am just overhearing from friends and giving my opinion here..etc so im not 100% accurate.

Lollymcd

Just be aware that if she decides to come for three months initially and then apply for a student visa she must have adequate funds to prove she can support herself for three months. She cannot work during this time.

Delancey

Lollymcd wrote: »

Just be aware that if she decides to come for three months initially and then apply for a student visa she must have adequate funds to prove she can support herself for three months. She cannot work during this time.

I have heard that having private health insurance like VHI is required , is this correct ?

esharknz

Would another option be a working holiday visa for her? I understand that she would be eligible to apply after graduation. The downside with this is that she would definitely have to depart Ireland after completing the year. However, this doesn't mean she cannot come back in some other capacity after this, e.g. student etc. I've done it myself (although I came back on a green card).

Also, being American means that she does not need a visa to travel to Ireland (sort of like the UK entry clearance). However, she'd still need to register with the GNIB if staying in any other capacity than a tourist, and provide documentation.

I'm a kiwi married to an Irishman, so I know the non-visa required route very well.

blueythebear

Delancey wrote: »

I have heard that having private health insurance like VHI is required , is this correct ?

Yes, private health insurance is a prerequisite for a student visa in this country. This is usually arranged by the college as part of the tuition fees.

blueythebear

esharknz wrote: »

Would another option be a working holiday visa for her? I understand that she would be eligible to apply after graduation. The downside with this is that she would definitely have to depart Ireland after completing the year. However, this doesn't mean she cannot come back in some other capacity after this, e.g. student etc. I've done it myself (although I came back on a green card).

Also, being American means that she does not need a visa to travel to Ireland (sort of like the UK entry clearance). However, she'd still need to register with the GNIB if staying in any other capacity than a tourist, and provide documentation.

I'm a kiwi married to an Irishman, so I know the non-visa required route very well.

As an aside, private health insurance is still required under the working holiday visa scheme. Also if she does the Masters, the student permission route would be the best way to go as then she could apply for the Graduate Scheme on completion of the course without needing to leave the State. This will allow her to stay for a year and to work full time relatively painlessly. She can then look at other options during this time to extend her stay if she wishes.

Lollymcd

Delancey wrote: »

Lollymcd wrote: »

Just be aware that if she decides to come for three months initially and then apply for a student visa she must have adequate funds to prove she can support herself for three months. She cannot work during this time.

I have heard that having private health insurance like VHI is required , is this correct ?

Yes but will also need funds to cover rent food etc, last tine I check it was £1000 per month, that was in the 90's not sure if that has changed.

MrPudding

The easiest way for you to get her over, and it is by no means easy, might be to use your free movement of workers rights.

A citizen of the EU has certain right to allow them to move around. One of these rights is to bring your family with you. Family is not defined but case law tells us it can include a girlfriend, but you will have to show you are in a proper relationship, which is likely to be the hard bit.

To "activate" these rights you would have to move to another EU country as a worker, the UK would suffice. Like I say, not an easy solution but possibly workable.

MrP

Webmonkey

Since this thread is already up...

OP did you have any success on this? I'm in a similar boat

odds_on

Being an American, does she not have any Irish grandparents or ancestors?

Jagle

odds_on wrote: »

Being an American, does she not have any Irish grandparents or ancestors?

how would that change anything?

we are all decedents of africans, modern white men are decedents of europeans, that doesnt mean anyone who is white can claim entry to any european country..

i dont get the point your trying to make

boiledeggs

My wife is Japanese but when she came here first she got a working holiday visa, not too sure if it was just for Japanese but it lasts one year and she can work here also with it.

Thoie

blueythebear wrote: »

During the time she is here, bear in mind that documentary proof of your relationship together is key and should be collected during this time for the future application.

Friends of mine did get married in that situation (after going out a few years). An important part of the documentary proof they were looking for were things like photos of the pair of them together at gatherings like birthday parties of friends and stuff over a few years, as well as more official documents.

This was to prove that they were a couple and had a social circle, rather than just "here's us at the zoo, and at the Curragh and at the Rock of Cashel". Make sure you hang on to snaps from any social events you go to - ideally over time (different hair, different clothes). Get friends to take photos even if you normally wouldn't.

the_syco

DJW11 wrote: »

she's possible looking to do a masters here...

What would the masters be in?

http://www.citizensinformation.ie/en/moving_country/moving_to_ireland/working_in_ireland/coming_to_work_in_ireland.html

From 12 October 2007 non-EEA nationals carrying out scientific research for an approved research organisation

http://www.djei.ie/science/technology/accreditation.htm

DJW11

It would be a masters in languages, Spanish and English as she is fluent in both, and Brazilian Portugese