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EEA national non-EEA fiancee !

  • 11-06-2013 12:47pm
    #1
    csb1989
    Registered Users, Registered Users 2 Posts: 90 ✭✭


    Hi!

    I have a situation with my partner and I, which I wonder if anyone may have any knowledge or advice for.

    I am a German passport holder, and Ive lived in Ireland/ the UK for the past 16 years; the most recent 8 in Ireland uninterrupted.

    My partner is Malaysian and currently living in Malaysia, but we are planning to get married and live in Ireland.

    Ive done a bit of reading but Im not sure if Im getting everything right; when I tried to call INIS they gave me an email to address instead and no reply yet..

    So mainly Im wondering;
    -can she come over immediately after we get married? Malaysians do not need a visa and my understanding is she could stay for 3 months, but would then need to apply for a permission of residence (EU form 1)?
    -what is the time line for being granted a permission of residence? And how long is it valid for afterwards?

    -what rights wouldN'T she have while we wait for the permission of residence? Or after?

    -do we have to get married in the EU/Ireland to have our marriage validated/ recognised here?

    I appreciate any advice anyone may have, thank you!


Comments

  • #2
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    csb1989 wrote: »
    -can she come over immediately after we get married? Malaysians do not need a visa and my understanding is she could stay for 3 months, but would then need to apply for a permission of residence (EU form 1)?
    A Malaysian individual is free to come to Ireland before or after marriage to an Irish citizen, without a visa; after you marry, both parties should go to the GNIB office on Burgh Quay, or their local GNIB office outside of Dublin, and make an application there for a Stamp 4 Visa for the non-EEA partner.

    This will allow her the right to reside and work in Ireland for an initial period of 1 year.

    I don't suggest a person in this situation go to the GNIB prior to their marriage, this would be setting themselves up against an unreasonable burden of proof to establish the durability of their relationship (imo).
    what is the time line for being granted a permission of residence? And how long is it valid for afterwards?
    Ordinarily it is very swift, especially when both parties have been resident in Ireland and a marriage has taken place. In those cases, a Stamp 4 Visa is issued immediately.

    Where a couple have not been living together (e.g. don't have proof of shared address over time), there may be a longer period before a Visa is issued - the immigration authorities may require additional documentation. However, problems are fairly rare in respect of married couples.
    what rights wouldN'T she have while we wait for the permission of residence? Or after?
    Until she has a Stamp 4 Visa, she would have no right to undertake employment that she does not currently enjoy as a Malaysian ctiizen.
    do we have to get married in the EU/Ireland to have our marriage validated/ recognised here?
    No, but personally I would suggest it is more ideal. I have never heard of any significant level of extra paperwork being requested in respect of couples who married in Ireland.


  • #3
    csb1989
    Registered Users, Registered Users 2 Posts: 90 ✭✭csb1989


    thank you for the speedy and thorough reply Cody Pomeray!

    Further to your response, what would happen after the initial 1 year stamp 4? Reapply for another 1 year term?

    And as I understand it, completing the EU form 1 allows you to get the permission to remain so she can stay in the country, and then the stamp 4 is separate and allows you to work? So one would need to get the permission to remain first?

    Thanks!


  • #4
    Cody Pomeray
    Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    csb1989 wrote: »
    Further to your response, what would happen after the initial 1 year stamp 4? Reapply for another 1 year term?
    Yes, there are no hard rules, but the procedure is generally 1 year + 1 year + 3 year durations under Stamp4.

    However, there are no official rules in this regard. It is not unknown for a 3 year stamp to be issued after the initial stamp 4 application.
    And as I understand it, completing the EU form 1 allows you to get the permission to remain so she can stay in the country, and then the stamp 4 is separate and allows you to work? So one would need to get the permission to remain first?
    Well technically, she can just arrive on her passport as she is the citizen of a jurisdiction that does not require a tourist visa.

    The Registar of Marriages does not want to know about anyone's immigration details and will presume your bona fides. The Registrar will process a marriage application seeking only the couple's passports, birth certificates (officially translated in Dublin), and a legally certified (in malaysia), officially translated (in Dublin) document saying there is no impediment to marriage for the non EEA spouse.

    To marry in Ireland, your spouse should contact her local diplomatic representation, she will need a Visa which will last longer than 90 days to meet the 3 month minimum notice period for marriages. Some people in her situation just come here without the Visa and it's not a big issue, but it's not advisable.

    If you are already married, she can just show up in Ireland and drop into the GNIB at a convenient time, no Visa required, but they may require some evidence of a durable relationship for marriages contracted outside of the State.


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