Stamp 4 visa for non national parent to be of Irish child

edel12345

Hi

I am an Irish national, and my boyfriend is currently on a stamp 3 visa which expires this week, but because we are due our first baby this week, we are holding off going into the immigration office until after the child is born, so he can apply for a stamp 4 visa.

His stamp 3 was issued 3 years ago so every year we just renewed it, but because this year our circumstances have changed, he will apply for the stamp 4 visa.

Can anybody tell me, what documents you need to bring when applying for this stamp 4 visa??

Thank you!

schemingbohemia

I'm not familiar with the law on this but is it not very dangerous to allow any type of stamp to expire without another stamp taking its place immediately?

edel12345

I'm not too sure?! Is it!? I thought there was a time lapse of one month ...

The immigration office is mental at the moment, and with me due my baby any day now, I just cant face sitting on a hard chair for hours upon hours..

billyhead

schemingbohemia wrote: »

I'm not familiar with the law on this but is it not very dangerous to allow any type of stamp to expire without another stamp taking its place immediately?

I think this is true. Unless you have made an application for a renewed stamp and have something to verify this you could by law be deported although I think it it rarely happens

edel12345

Really?? We don't want to renew his stamp3 because he's entitled to a stamp 4 after we have our baby..I'm due my baby Thursday so fingers crossed baby comes soon.. It would seem crazy to pay 300 euro for a visa one week and then have to pay another 300 euro the following week.. We had to pay twice last year for his visa because of his passport going missing..

Cody Pomeray

A non EEA citizen on stamp 3 in a situation where his visa is about to expire, and where his EEA partner is about to give birth, should go to the GNIB and explain the situation.

Note that after an Irish child is born, permission to remain is not absolutely guaranteed to the non EEA citizen parent of that child.

Nevertheless, where the non EEA citizen has established family ties during the time the non EEA parent was lawfully resident, the non EEA parent is treated more favourably than a person who has made a baby whilst illegally resident. (Ajayi v. U.K.)

There would need to be a substantial reason in favour of the common good to refuse permission to remain to the parent of an Irish child (per Denham in Oguekwe)

The GNIB regularly 'bridge' visas for exactly this sort of scenario.

If I were in such a position, and provided I did not represent a threat to society, deportation is not be something I'd be concerned about.

Now that the general overview of the current legal situation is out of the way, I would say go to the GNIB, get the visa bridged (no charge for this afair). I know it's uncomfortable, but if you're in Dublin, the Burgh Quay office is pretty quiet in the evenings.

edel12345

Thank you Cody..

We might try and go in tomorrow.. Will his current GNIB card and proof of address be sufficient documents to present to them to have his visa bridged?

Cody Pomeray

edel12345 wrote: »

Thank you Cody..

We might try and go in tomorrow.. Will his current GNIB card and proof of address be sufficient documents to present to them to have his visa bridged?

I'm not completely au fait with pregnancy, is there any paperwork involved? If there is anything official, for example a hospital appointment letter, bring the paperwork. The ideal would probably be a letter from your Doctor but I understand this may not be possible at short notice.

For the benefit of the mods this was a procedural issue not a legal opinion.

edel12345

Thank you once again!


New with boards.ie so wasnt too sure where to post.

wexie

Cody Pomeray wrote: »

I'm not completely au fait with pregnancy, is there any paperwork involved?

It's generally fairly obvious

If OP is attending Hollis street hospital (possibly some others as well) chances are she'll have a nice big orange folder with all her paperwork handy to bring to the hospital when the moment comes.

Good luck OP, with baby and visa stuff.

EDIT: if I remember correctly some of the forms will have the father mentioned on them.