Getting married to non EEA national

Jeazy

Hey guys,

Long time lurker here, but now I need some advice.

So my fiance just got refused for visa extension.

She went to Leinster College, and if you follow the news, the owner took off with everybodys money and college was closed down.

She couldn't afford a new course and immigration just told her she has/had gotten a new one.

Anyway they told us to contact EU Treaty Rights after we get married.

We're getting married in February.

What are the options and outcomes here?

GerardKeating

Jeazy wrote: »

Hey guys,

Long time lurker here, but now I need some advice.

So my fiance just got refused for visa extension.

She went to Leinster College, and if you follow the news, the owner took off with everybodys money and college was closed down.

She couldn't afford a new course and immigration just told her she has/had gotten a new one.

Anyway they told us to contact EU Treaty Rights after we get married.

We're getting married in February.

What are the options and outcomes here?

Once you are married, You and your wife have the right to live and work (together) in any EU country, except Ireland.

Get some advice from the Immigrant Council or Ireland or similar, but they should give her Stamp 4 when you married, it not common to be refused.

Sala

It may not be an option for you if you've planned a big wedding (although you could go through with that also) but the three month notice to a registrar can be waived by a simple court application. You could try to bring forward the date

iba

Jeazy wrote: »

Hey guys,

Long time lurker here, but now I need some advice.

So my fiance just got refused for visa extension.

She went to Leinster College, and if you follow the news, the owner took off with everybodys money and college was closed down.

She couldn't afford a new course and immigration just told her she has/had gotten a new one.

Anyway they told us to contact EU Treaty Rights after we get married.

We're getting married in February.

What are the options and outcomes here?

First of all you need to advise what is your nationality.

And regardless of that, your fiance will have to leave Ireland and then make a visa applications from her place of residency.

Where are you both from?

Tow

Some of iffy advice here. Once married, the two of you (assuming your Irish) bring the required paperwork to the GNIB and she will get the Stamp 4 visa.

iba

Tow wrote: »

Some of iffy advice here. Once married, the two of you (assuming your Irish) bring the required paperwork to the GNIB and she will get the Stamp 4 visa.

This is not correct.

Tow

iba wrote: »

This is not correct.

Do you speak from first hand experience?

They can refuse the Stamp 4, and I have seen it happening (shouting match) in the GNIB offices, but it was obvious all watching it was marriage of convenience.

seamus

iba wrote: »

This is not correct.

Details here:
http://www.inis.gov.ie/en/INIS/Pages/WP07000024

Basically, if she's living here without permission she doesn't have to leave, but can't present in person to apply, she has to write to the GNIB HQ.

If she is still covered by another visa at the time, she can attend any GNIB office to apply.

Jeazy

Well, I'm Lithuanian, been living here for 6 years. I've finished college here last year and now I'm self employed.

She's Brazilian. Her GNIB expired on Monday.

iba

Jeazy wrote: »

Well, I'm Lithuanian, been living here for 6 years. I've finished college here last year and now I'm self employed.

She's Brazilian. Her GNIB expired on Monday.

If you only hold a Lithunian passport your fiance/partner should apply under:

http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights

http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2004:229:0035:0048:en:PDF

[FONT=Verdana, Helvetica]Directive 2004/38/EC on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the "Directive") is given effect in Ireland by the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the "Regulations").[/FONT]
[FONT=Verdana, Helvetica]
[/FONT]
[FONT=Verdana, Helvetica]The Directive and the Regulations apply to citizens of the European Union, citizens of EEA member states and citizens of Switzerland who move to or reside in a Member State other than that of which they are a national, and to their family members who accompany or join them.[/FONT]

BTW from the info. you have supplied, it seems that she is now illegally in the State and from what I understand could be arrested and deported at any time. I would suggest that you attend the GNIB immediately to regularise her status.

Jeazy

Thanks for the info.

We were at GNIB today to ask about everything etc, all they told us was to get married and then contact EU Treaty Rights.

Jeazy

Thanks for the info.

We were at GNIB today to ask about everything etc, all they told us was to get married and then contact EU Treaty Rights.

So what would be the best approach then?

Really need to sort this out so that there won't be any problems later on...

iba

Jeazy wrote: »

Thanks for the info.

We were at GNIB today to ask about everything etc, all they told us was to get married and then contact EU Treaty Rights.

So what would be the best approach then?

Really need to sort this out so that there won't be any problems later on...

Very hard to know. Somewhat surprising that the GNIB said what they said because it certainly sounds like your friend is illegally in Ireland which is against the law and she could, as far as I know, be arrested and deported.

She could of course leave the country and then apply for a visit visa to attend the wedding and then apply for EUTR on the basis of her marriage to you. That way everything would be above board.

Probably best to seek legal advice/go to a solicitor.

Jeazy

iba wrote: »

Very hard to know. Somewhat surprising that the GNIB said what they said because it certainly sounds like your friend is illegally in Ireland which is against the law and she could, as far as I know, be arrested and deported.

She could of course leave the country and then apply for a visit visa to attend the wedding and then apply for EUTR on the basis of her marriage to you. That way everything would be above board.

Probably best to seek legal advice/go to a solicitor.

The guys at the immigration office aren't very helpful as I heard from people and I kinda figure it out today myself.

Might go tomorrow to see if there's anything else to do.

GerardKeating

GerardKeating wrote: »

Once you are married, You and your wife have the right to live and work (together) in any EU country, except Ireland.

Get some advice from the Immigrant Council or Ireland or similar, but they should give her Stamp 4 when you married, it not common to be refused.

Actually, my answer was based on the mistaken assumption that you were irish Citizen, once you marry, as an non-Irish EU citizen, your EU rights will allow you and your wife to live and work in Ireland.

Does Lithuania automatically grant citizenship to spouse of Lithuanian's ?

Fred Swanson

This post has been deleted.

Jeazy

Thanks for the answers guys, I believe everything will work out just fine.

Only thing that she can't work now, so it's all on me, but that won't be a problem.

Thanks again!