Immigration Question

bluehoratio

Hello,

I don't know if this is the right area to post this thread, but since I couldn't find a better option and I live in the Longford area, I thought I'd try here. My apologies if this is wrong.

I came to Ireland in 2012. I was first stamped for a visitor visa for one month. I was able to get an extension and when the extension ran out, I left the country to the UK and was stamped in for another three month visitor visa. If you do the math, you'll see that my visitor visa ran out long ago. My husband is working here and has been promised on numerous occasions by more than one employer that they would sponsor his work visa or greencard. Each time we are told not to worry about it and that it is taken care of. We have paid solicitors, filled out paperwork and done everything we could.

His current employer is having difficulty with the visa/greencard. Meanwhile, we are all well overdue. I believe I would qualify for an artistic visa, however, there is paperwork and things I must get from the United States in order to attempt to get it. These things cost money, which we haven't had.

I would like to leave the country and return in the hopes of getting a three month tourist visa again. Even though we have been here for so long, it doesn't appear that immigration realizes we haven't left the country when we were supposed to. My husband is convinced that if we leave, they won't allow us to come back in because we have been here so long. I argue that since no one stamps us out, they don't know when we left or where else we went unless they read through our passport. We lived in Germany before and I thought we might take a visit to Germany to visit friends and then return. We also had a residence in Germany for about a year.

Does anyone have any thoughts on this? We've built a decent life here and would like to stay legally, but in the meantime while we're struggling through this paperwork, etc, we'd like to at least be somewhat legal (even though he is technically working illegally at the moment). Also, we have a 6-year-old daughter who is in school here. We are worried that if they deport us, that we will be separated from her.

Any thoughts or direction would be helpful. Also, I realize this is not the ideal situation. It's easier than you'd think to stay past a visa expiration. It's not something we did on purpose, but the more time goes by, the harder it is to fix in a way that doesn't get us banned from coming back in the country for a period of time. Also, we don't have the money to fly home to the United States and because my husband was injured before we came here, he doesn't have medical clearance to fly for more than one to two hours, maximum.

Thanks

LizT

thread moved to legal discussion

Michael D Not Higgins

First off, they are not going to deport you without your daughter.

Secondly, what is your reason for wanting to leave in order to get another 3 month visitor's visa? You can't keep that up (especially since they'll begin to see the pattern in your passport) and you're already breaching the conditions of the visitor's visa, so what's the difference?

I believe the Special Crafts visa requires a large burden of proof

Writers, Artists and Crafts persons – while not subject to the capital or employment requirements must demonstrate clearly that they are well known/internationally renowned in their chosen field and are in a position to fully support themselves from income from their chosen craft without recourse to alternative employment and/or social assistance. Failure to clearly demonstrate this will result in refusal of the application.

I think the idea is more for touring artists, etc. rather than longterm stay.

Your best bet is to sort it through your husband's employer, although I'm unsure where they stand having already employed him illegally.

vinnie13

Irish law is to lax..if your visa is expired you should not be here..

hzaelb

UK Visa Question

I do not know if this is the right place to post this thread.
I am a Non-EU national with EU Fam Stamp 4, residing with my British spouse in Ireland.We both work in Dublin. If both of us want to visit UK for 7 days, Do i the Non-EU national with EU Fam Stamp 4, need a UK visa?
Can anyone help?

Michael D Not Higgins

hzaelb wrote: »

UK Visa Question

I do not know if this is the right place to post this thread.
I am a Non-EU national with EU Fam Stamp 4, residing with my British spouse in Ireland.We both work in Dublin. If both of us want to visit UK for 7 days, Do i the Non-EU national with EU Fam Stamp 4, need a UK visa?
Can anyone help?

No you can travel throughout the EU with your spouse
http://www.4eufam.info/travel-documents

Edit: actually it's not clear, it says you can travel throughout the EU without a visa then says the UK does need a visa

hzaelb

UK Visa Question

I do not know if this is the right place to post this thread.
I am a Non-EU national with EU Fam Stamp 4, residing with my British spouse in Ireland.We both work in Dublin. If both of us want to visit UK for 7 days, Do i the Non-EU national with EU Fam Stamp 4, need a UK visa?
Can anyone help?

Pro Hoc Vice

hzaelb wrote: »

UK Visa Question

I do not know if this is the right place to post this thread.
I am a Non-EU national with EU Fam Stamp 4, residing with my British spouse in Ireland.We both work in Dublin. If both of us want to visit UK for 7 days, Do i the Non-EU national with EU Fam Stamp 4, need a UK visa?
Can anyone help?

You would need to contact a UK expert. I know in the past (not sure if current) the UKBA required a visa and refused a holder if EU Fam4 entry, who was actually travelling with UK national. There was a first tier tribunal case on the issue which said UKBA was wrong. I'll try to find it.

hzaelb

Great thanks for your help.

easyman

hi everyone,
i have stamp4 eu fam 5 years , which will expire in 3 months time i applied for renewal and its more 5 weeks but i didnt receive any acknowledgement letter and my original documents ,so i was thinking is this normal i was bit concern i hope everything is fine, and yah i applied through my solicitor i asked them they said wen they will get any news they will inform me anyone experience same situation or any info really appreciate thanks