Friend thinking of marrying so he can stay here

LegacyUser

I'm posting this for a (female) friend. She is concidering marrying a flatmate and good friend for mutual benefit. He's from Brazil and his visa to stay he's run its course and is with student review (bit vague on that bit) which can take a long time and currently he's not got a visa and has to return to Brazil.

She's hoping by marrying him he can stay here and it will make it easier for her to travel to Brazil next year when she plans on doing some traveling.

I don't think it's a good idea , there has to be some implications in doing this?

blatantrereg

It's a bad idea. Happens quite often though. Usually it involves money changing hands.

ABajaninCork

To stay here is not as easy as just 'marrying'. There's load of hoops to jump through. And you have to convince the authorities the marriage is genuine. AFAIK, you have to be married 5 years, before you can apply for an Irish passport. But stand to be corrected on that.

If it goes to the pictures, getting a separation or divorce here is not easy.

If I were him, I'd just go back to Brazil and re-apply for the visa there, or get another GNIB stamp. Do everything by the book.

Taltos

Well besides the legal ramifications and the hassle of the later seperation and divorce (wonder what would happen if he claimed half her home or for maintenance) - what about her chances of meeting someone later? Think being married might put quite a few potential dates off the whole idea of getting with her...

Bad idea in my opinion.

mood

Does she not realise she will need to be married to him for a long time? If he needs to be married to her for 5 years before he can apply for an Irish passport, and they need to be LEGALLY seperated for 4 years before being able to divorce they is 9 years of marriage. This could have a major effect on her life. She is probably young now with little or no assets but in 9 years she my have a property, may have inherited money etc. He will be legally entitle to half of all her assets. Also divorces cost about 60k in Ireland. It could cause major problems with her family also as I'm sure they won't approve. It will also effect any possible future relationships etc.

It's crazy idea. She doesn't need to marry him to get a tourist visa to Brazil anyway.

What age is she? She sounds very immature and naive.

fiona-f

An absolutely awful idea, do your best to convince her of this. It will have life long ramifications for her - status as a divorcee when she goes to marry herself, entitlements by him to her property and even things like her pension decades in the future, not to mention the minimum 5 year period for divorce. Plus no guarantee for him of staying here and definitely no advantage to her for travelling a few months in Brazil.

If she does persist, you should strongly notifying the General Registry Office or even the guards to have them query the marriage before it goes ahead. No one likes a snitch but she sounds like she needs protecting from her own naivety.

LegacyUser

Open here.

I thought it might be more complicated than I imagined!

She mentioned marrying else where like in Amsterdam, does this make a difference?

She's 30 this year, before anyone suggests she's doing it so she can be married because she's desperate or what ever, the guy isn't straight so it's really just so he can stay and fire her not to lose a good friend - that's my view on it at least

ABajaninCork

If your friend isn't so desperate to marry, she's sure making a good job of hiding it...

Your friend is not getting it. If the guy wants Irish residency, then the same rules apply whether she marries him in Dublin, Amsterdam or Timbuktu!!

Call me old-fashioned, but if she doesn't want to lose a friend, then what's wrong with e-mail, phone calls or Skype?

Sorry, but the idea and the reasoning behind it are beyond ridiculous.

LegacyUser

ABajaninCork wrote: »

Call me old-fashioned, but if she doesn't want to lose a friend, then what's wrong with e-mail, phone calls or Skype?

Sorry, but the idea and the reasoning behind it are beyond ridiculous.

Thats pretty much my own opinion!

She toyed with the idea and I thought I'd find out a bit more so I can convince her it's a silly idea. I might show her this thread

CommanderC

You have to provide personal records for at least 2 years as evidence of a relationship in order to apply for a visa based on partnership with an Irish citizen....marriage or no marriage.

mood

4friend wrote: »

Open here.

I thought it might be more complicated than I imagined!

She mentioned marrying else where like in Amsterdam, does this make a difference?

She's 30 this year, before anyone suggests she's doing it so she can be married because she's desperate or what ever, the guy isn't straight so it's really just so he can stay and fire her not to lose a good friend - that's my view on it at least

I can't believe a 30 year old can be so naive. I thought you were going to say she is 20/21. :eek:

chickenbutt

CommanderC wrote: »

You have to provide personal records for at least 2 years as evidence of a relationship in order to apply for a visa based on partnership with an Irish citizen....marriage or no marriage.

Can you show where you get this information?

ABajaninCork

Requirements for a Spousal Visa.
I would also assume further evidence of a relationship is needed such as plane tickets for visits, bank accounts, pictures. In fact ANYTHING that will support the request for a visa.

Valentina

It's not just as simple as they get married and he can stay. They will have to provide evidence of relationship such as joint bank accounts, living together, photos, personal emails, plane tickets to visit each other etc.

Your OP says he doesn't currently have a visa - applications for a spousal visa can take up to 12 months and legally he's not allowed to work during this time at all. What does he propose to do for those 12 months? Will his 'wife' support him?

What will they do if they marry and GNIB still refuse him permission to stay? How long will a divorce take then?

If he doesn't have a visa, the best course of action is just to return to Brazil and reapply for one through the correct channels.

Your friend is absolutely nuts to consider going ahead with this plan.

LegacyUser

Your friend is 30 years of age and I would not advise her to do this.
This guy may be a friend but she is going to make a major commitment to him which will not be easy to get out of. What happens if she meet some one in 12 months time who she wants to marry? What happens if she wins or inherits money?
What happens if she meet someone and they have a family - he wants to marry her but she can't due to being married to her friend.
I would agree with the other posts here that she will have to prove they are a couple and show a lot of paper work in order to do this.
If you look up http://www.inis.gov.ie you can find out more information on this.

I would tell your friend that if she plans to do this you will contact the guards and the General Registry Office to tell them they are getting married to keep him in the country.
I would do this to stop her making the biggest mistake of her life.
Also she does not need to do this to go to Brazil as a tourist for a period of time.

CommanderC

CommanderC wrote: »

You have to provide personal records for at least 2 years as evidence of a relationship in order to apply for a visa based on partnership with an Irish citizen....marriage or no marriage.

chickenbutt wrote: »

Can you show where you get this information?

Sure thang.

http://www.inis.gov.ie/en/INIS/Pages/Join%20Family#Partner_of_Irish_Citizen/Work_Permit_Holder/Green_Card_Holder_and_Persons_Granted_Long_Term_Residence

All the info in there. De facto partnerships are now considered too. So even if she marries this guy, INIS will not care, they wanna see 2 years worth of evidence of a relationship.

It says on the web page, 'if you want to join your partner in Ireland', I was already here when I applied for this.

CaraMay

She is obviously doing this for money as none of her excuses stack up.

You know it's illegal so you should be reporting them to the authorities.

mood

You also said the friend is gay. If it is obvious he is gay and a meeting with authorities is part of the visa application process I am sure they would dig deeper. I am also sure people try this all the time so they will be used to people trying to fake a relationships and they won't be easily fooled. Also what happens if they don't believe they are in a proper relationship etc? Is a criminal record/jail a possibility?

OP maybe she is in love with the friend or something. Like CaraMay said none of her excuses stack up.

OP does your friend own property, a car or have savings? Is she planing to have buy property, a car or save money over the next 10 years? Does she really want to give this friend half of everything? Does she really want to be in a situation where she can't marry someone she is in a real relationship with. Does she rally want to spend 60k on a divorce (apparently that is what is costs so she better get saving NOW)?

4friend

4friend wrote: »

I'm posting this for a (female) friend. She is concidering marrying a flatmate and good friend for mutual benefit. He's from Brazil and his visa to stay he's run its course and is with student review (bit vague on that bit) which can take a long time and currently he's not got a visa and has to return to Brazil.

This. Sounds like bollix.
Student visa's are a money making exercise for the country.
The process isn't as involved as the other's. As there is no long term right to remain.
There is no reason for substantial delays. If he has spent as much time on one as he is allowed. I can't see how he would be eligible again.

If they have been living together for 2 years, maybe this has been in mind all along. Maybe he has been keeping your friend sweet with all this BFF stuff.
If he is willing to screw this system. Why would she think he will have any respect for another.
What happens if she is wife, and he racks up debts he doesnt pay. Or ends up on welfare.
What if he doesnt agree to a divorce down the line. Can he drag things out.

I imagine your friend is getting paid for her part. Maybe that is how it will benefit her travels.