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permission to remain in state, question.

  • 22-05-2016 4:04pm
    #1
    BrickFist
    Registered Users, Registered Users 2 Posts: 34 ✭


    Need some help here guys.

    My wife, who is a non-EEA national has been residing in Ireland on a stamp 4 visa which has recently expired. In order to re-apply we need to show various types of documentation, we have all required documents bar one.

    Section 17 of "Policy document on non-EEA family reunification" which states...

    "An Irish citizen, in order to sponsor an immediate family member, must not have been totally or predominantly reliant on benefits from the Irish state for a continuous period in excess of two years immediately prior to the application and must over the three year period prior to application have earned a cumulative gross income of over and above any state benefits of not less than 40k".

    I may have a big problem with this as I was unemployed for a good three years before this January when a I started a new job. So basically I haven't earned over 40k in the last three years.

    How is this going to effect my wife's re-application ?

    Her permission to remain in the state was based on the fact that she was married to an Irish national but she also has an Irish born child, which may or may not effect her status.

    Any information would be great guys.


Comments

  • #2
    BrickFist
    Registered Users, Registered Users 2 Posts: 34 ✭BrickFist


    Anyone have any information on this ?


  • #3
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    BrickFist wrote: »
    Anyone have any information on this ?

    How did she fall out of permission.


  • #4
    BrickFist
    Registered Users, Registered Users 2 Posts: 34 ✭BrickFist


    Pro Hoc Vice wrote: »
    How did she fall out of permission.

    We forgot to renew the three year GNIB card she was issued. It's been expired over a year now. A complete balls up that's our own fault.

    As I said we meet all the requirements bar the financial requirements. I need to know if that's going to be a major problem for us.


  • #5
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    BrickFist wrote: »
    We forgot to renew the three year GNIB card she was issued. It's been expired over a year now. A complete balls up that's our own fault.

    As I said we meet all the requirements bar the financial requirements. I need to know if that's going to be a major problem for us.

    As those rules are new I'm not sure if the old rules will apply or the new rules. But in any event as there are two reasons to be considered 1 marriage and 2 child. How long has she been on stamp 4.


  • #6
    BrickFist
    Registered Users, Registered Users 2 Posts: 34 ✭BrickFist


    Pro Hoc Vice wrote: »
    As those rules are new I'm not sure if the old rules will apply or the new rules. But in any event as there are two reasons to be considered 1 marriage and 2 child. How long has she been on stamp 4.

    She's been here on a stamp 4 four years now but it has expired so she needs to reapply to remain here.


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  • #7
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    BrickFist wrote: »
    She's been here on a stamp 4 four years now but it has expired so she needs to reapply to remain here.

    OK the letter of permission would have granted a permission from x date to y date, that can be different to the GNIB card for a number of reasons. So have you got the permission letter? also that would give the reason for the permission was it marriage or child?

    Why did your wife not apply for naturalisation last year.


  • #8
    BrickFist
    Registered Users, Registered Users 2 Posts: 34 ✭BrickFist


    Pro Hoc Vice wrote: »
    OK the letter of permission would have granted a permission from x date to y date, that can be different to the GNIB card for a number of reasons. So have you got the permission letter? also that would give the reason for the permission was it marriage or child?

    Why did your wife not apply for naturalisation last year.

    We never received a letter of permission, just a gnib card. The permission would've been based on marriage.

    You have to reside in the state for five years before you can apply for naturalization don't you ?


  • #9
    Pro Hoc Vice
    Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    BrickFist wrote: »
    We never received a letter of permission, just a gnib card. The permission would've been based on marriage.

    You have to reside in the state for five years before you can apply for naturalization don't you ?

    3 years if married to an Irish citizen. I would advise contacting an immigration solicitor to sort this out. It will hopefully be easy to sort out but it's important to get it done right. Your wife will now need 12 months permission before she can apply for naturalisation.


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