Irish/Chinese wedding Visa/work options

james123

Hi All

Im Irish and my fiancee is Chinese. We are both working and living in Ireland. We are getting married very soon at the moment she is on a stamp 2 visa which allows her to work under a graduate scheme. After our marriage I want to upgrade this as it will give her more flexibility.
Looking at the Irish Naturalisation and Immigration service website http://www.inis.gov.ie/en/INIS/Pages/WP07000024 It seems pretty straight forward (see below) Im told it will then be a stamp 4 fine for working. Knowing the visa office the way I do, its unlikely to be that simple.
Has anyone any experience with this, please share ?

1.) How do I apply?

There are two routes in which a non EEA national can apply for permission to reside in the State on the basis of marriage or civil partnership with an Irish national.

A). If you are a non visa required national who has entered the State legally within the last 90 days or if you a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration with the following documentation:

•Your original marriage/civil partnership certificate
•Your original passport
•Your Irish spouse’s/civil partner’s original passport
•Evidence of your joint address

RobbieTheRobber

Hi James I’m in the same situation, I’m marrying my Chinese Fiancé next week.
She is currently here on a student visa and we will be marrying before the expiry of that visa. (although once her results are finalised she would have had the option to extend her visa using the graduate route)

I can’t provide any details of the process actually happening but have tried to gain as much information as I can and I also contacted the inis who sent this reply to us.

I refer to your email - as you will be getting married on 28/08/2012, your wife to be will be legal in the State. You both can attend the GNIB office after the wedding and have with you, Marriage Certificate, Original Passports, Evidence of joint address and she can be registered as a Spouse of an Irish National and have her Stamp 2 changed to Stamp 4 as the Spouse of an Irish National.

From the limited knowledge I have been able to gain as long as you can prove a joint address the process will be simplified and should just require you to bring the required information.
For us I will be bringing;
Household Utility bills in my name.
Banks statements for several months posted to this same address for her.
Passports.
Marriage certificate.
I may bring additional information which won’t be required such as proof of holidays together and anything else I can that will show a proper relationship.

I think one of the key things is to apply for the stamp 4 before the expiry of her current leave to stay, if you try to do this after that leave expires the process becomes much longer and harder to complete.

Hopefully all going well I will do this next week following our marriage. Once I have gone through the process, I will try and come back and update this thread. As I know from personal experience that the information provided on this is very much lacking.


Good luck with wedding planning.

james123

RobbieTheRobber wrote: »

Hi James I’m in the same situation, I’m marrying my Chinese Fiancé next week.
She is currently here on a student visa and we will be marrying before the expiry of that visa. (although once her results are finalised she would have had the option to extend her visa using the graduate route)

I can’t provide any details of the process actually happening but have tried to gain as much information as I can and I also contacted the inis who sent this reply to us.



From the limited knowledge I have been able to gain as long as you can prove a joint address the process will be simplified and should just require you to bring the required information.
For us I will be bringing;
Household Utility bills in my name.
Banks statements for several months posted to this same address for her.
Passports.
Marriage certificate.
I may bring additional information which won’t be required such as proof of holidays together and anything else I can that will show a proper relationship.

I think one of the key things is to apply for the stamp 4 before the expiry of her current leave to stay, if you try to do this after that leave expires the process becomes much longer and harder to complete.

Hopefully all going well I will do this next week following our marriage. Once I have gone through the process, I will try and come back and update this thread. As I know from personal experience that the information provided on this is very much lacking.


Good luck with wedding planning.

Hey RTR

Thanks you too!!
That is my situation pretty much down to a tee. Seems easy enough so, maybe I am just a cynic. Yes if you could update the thread when you get any progress that would be great thanks.

RobbieTheRobber

James just to come back to you on this topic.

We got married and completed all we could.
Im presuming your in Dublin so all the below applies to Dublin, if your not i think you head to your local garda station.

The first thing to do after the wedding party is over and you have recovered is head to Joyce house(births deaths and marriages office) and get your marriage certificate (cost €10).

After that you will both have to go to the INIS office on Burgh Quay.
Expect long queues, although your wife will be able to tell you all about them already.
Get there early, you have to queue for a ticket, then wait for your number to come up.
Bring with you, your passports, marriage cert and proof of shared address so utility bills in your names (bank statements, electricity etc).
Just a point here we were not asked for our proof of address as we were just married, i offered it but they didn't want to see, but bring it just in case.
They said we would need it next year.

They then give your new wife a new GNIB card, with stamp 4 on it.
Which gives her full working rights for One year.
We were told we will have to renew again next year for another One year permit and after that is renewed we would get a 3 year permit.

The stamp 4 given doesn't give any re-entry rights, so your wife will still have to apply for a re-entry visa to get back into Ireland should she leave.
However when your wife does next apply for a re-entry visa the fee is waived.

The day we went we didn't get there until late and by the time we had gotten the GNIB card couldn't apply for re-entry visa.
My plan is to just seek a 12 month re-entry visa the next time we do.
I will have to wait and see how that works out though.

Good luck with the wedding and hope the above helps.

merlynthewizard

Robbie, that seems strange, how did you only get a one year stamp 4...My wife got 5 years from the off with no re entry visa requirements.

acme4242

merlynthewizard wrote: »

Robbie, that seems strange, how did you only get a one year stamp 4...My wife got 5 years from the off with no re entry visa requirements.

The spouse of Irish Citizens resident in Ireland under National Law are issued with a STAMP-4 in their passport, usually for only 1 year, depending on the discretion of the Garda. Basically they make it up as they go along. There is no law or rules to follow.
The Dept of Justice and Equality don't even have a policy of Equality towards
Irish Citizens and their family, compared with other EU Citizens and their family, who have rights in Law.

Like above it says, If you are Irish family, you can't get a resident permit if
you have a C-visa, (imply you must have a D-visa)
However this make up restriction does not apply to EU citizens family,
by EU law there can be no requirement to hold any category of visa, prior to being issued a resident permit.
So if your French, Greek or even Romanian your better off than being Irish in Ireland. Absurd but true, this
is what FF/PD did, and FG have done nothing to fix it.
Before Herr McDowell, james123's wife, as wife of an Irishman would not have being required to register
as an alien in Ireland.

Getting back to the second class Irish family.
The STAMP-4 validity is limited to the expiry date of the passport.. The STAMP-4 is useless for travel, either to other EU states, or back into Ireland. This will cause unnecessary restriction of travel for the Irish family, as visas must be sought for EU travel, apparently even to travel to the north of Ireland. And furthermore, believe it or not, even an Irish re-entry visa, must be obtained to travel back into the Republic for Irish Family already holding an Irish resident permit.

Compare this to the spouse of other EU citizens resident in Ireland, they are given EU privileges and are issued with a 4EUFam card, for 5 years The Card is separate from the passport, and must by EU directive 2004/38/EC be valid for 5 years, regardless of expiry date of passport, This 4EUFam card exempts the holder from:

All other EU visas
Irish Re-Entry visa
Having their passport stamped at passport control.

Other Member states, to avoid possible discrimination, grant their own citizens families at least the same rights as EU families, if not more, granting 4EUFam cards to their own Allowing freedom of movement to their own family. For example Portugal. Under Portuguese National Law Article 3º, n.º 5 of the Act n.º 37/2006, (Transpose of EU directive 2004/38/EC), the regulations of this law applicable to family members are extendable to family members of citizens of Portuguese nationality, regardless of their nationality., thereby removing reverse discrimination, and allowing freedom of movement to Portuguese families.

For the Italians, Article 23 of 30/2007 says “The provisions of this Legislative Decree, if more favourable, apply to the families of Italian citizens”. In Italian “Le disposizioni del presente decreto legislativo, se più favorevoli, si applicano ai familiari di cittadini italiani non aventi la cittadinanza italiana”

Same for the Greeks. “In order to avoid possible discrimination we accept that third country nationals who are family members of Greek citizens enjoy the same rights with the family members of EU citizens.”

Ireland has chosen not to give their own citizens these equal rights, and have not given a proper explanation or justification why.

RobbieTheRobber

merlynthewizard wrote: »

Robbie, that seems strange, how did you only get a one year stamp 4...My wife got 5 years from the off with no re entry visa requirements.

Can I ask are you an irish national or other EU national?

I had read about it but as the poster aboves says, the discretion of the member dealing with your query is used.

Subsequently we did get a 12 month multiple re-entry visa for ireland.

merlynthewizard

I'm Irish but hold two passports, Irish by birth and residence, the other is from across the way, you know, for the craic and because I can.

pontia

wheres your other passport from ?

merlynthewizard

UK