Stamp 4 Spouse of Irish National

lucila

Hello.
i am an asylum seeker and I have applied for a stamp 4 based on my marriage to an Irish national in 2017. It has been 11 months and 2 days now and I am still waiting for a negative or positive outcome.
does any one know of a similar case or something I can do?

lucila

lucila wrote: »

Hello.
i am an asylum seeker and I have applied for a stamp 4 based on my marriage to an Irish national in 2017. It has been 11 months and 2 days now and I am still waiting for a negative or positive outcome.
does any one know of a similar case or something I can do?

Anyone plz?

Caranica

There is no set processing time on immigration issues, each case is treated individually and background checks can take some time. INIS will tell you that they are working on your application and a response will be issued when it is ready. Unfortunately it's just a case of waiting

Fred Swanson

This post has been deleted.

Really Interested

Caranica wrote: »

There is no set processing time on immigration issues, each case is treated individually and background checks can take some time. INIS will tell you that they are working on your application and a response will be issued when it is ready. Unfortunately it's just a case of waiting

The high court might think you are wrong.

2007] IEHC 234
THE HIGH COURT

[No. 321 J.R./2007]

JUDICIAL REVIEW
BETWEEN

KM AND DG
APPLICANTS
AND

THE MINISTER FOR JUSTICE, EQUALITY AND LAW REFORM, IRELAND AND THE ATTORNEY GENERAL
RESPONDENTS


“Alien married to Irish citizen - Application for residency on basis of marriage - Indication that decision on application would take 11 months - Delay”

“If the applicant were kept waiting for a decision longer than 12 months I would have no hesitation in finding the delay to be unreasonable and, being unjustifiable notwithstanding any scarcity of resources, unconscionable.”

Really Interested

Fred Swanson wrote: »

There comes a stage where it has taken so long that it is deemed a refusal by the minister and can then be appealed via the courts.

They can't hide behind taking time for ever.

It is not an appeal it is a Judicial Review the order sought would be mandamus.

Fred Swanson

This post has been deleted.

Really Interested

Fred Swanson wrote: »

You know what I mean.

No decision can be taken as a refusal after a certain period of time.

Not just applicable to the DOJ but also other government departments such as Social Protection.

A JR can usually only be taken within 3 months of the decision. A non decision does not have such a time limit.

lucila

I just hope that in the end I get a positive outcome, we have such a great case, financially, emotionally... And hopefully it won't take much longer

Really Interested

lucila wrote: »

I just hope that in the end I get a positive outcome, we have such a great case, financially, emotionally... And hopefully it won't take much longer

Every case is great until the minister says no.

lucila

Really Interested wrote: »

Every case is great until the minister says no.

That's not true. I know how consistent mine is and it meets absolutely every requirement. I see no reason for refusal , in my eyes they would literally need to make up a reason to say no, cuz a real one would not be viable in my case

Really Interested

lucila wrote: »

That's not true. I know how consistent mine is and it meets absolutely every requirement. I see no reason for refusal , in my eyes they would literally need to make up a reason to say no, cuz a real one would not be viable in my case

And I hope you are right. But you are a applicant I am a person who has been involved in many cases. You did not not know of the Mobin case I sat in court when the judgement given.

Ginmin

I am going through same process and its been over 12 months and 3 weeks now. Emailed them and got a reply that
“ the 12 month processing time is a guideline only and due to the volume of applications received in this Division at any one time, it is not always possible to have an application processed within 12 months.Your application is in a processing queue. When your application will be reached and considered in due course and a decision will issue shortly thereafter”
Its getting ridiculous, they are taking more than a year just to decide either they should give permission to remain to the spouse of irish citizen after submitting all the documents and marriage certificate. Totaly unfair treatment by the INIS to its own citizens. A solicitor gave me an option to prepare a pre litigation letter requesting a decision within 21 days, failing to give decision within 21 days would threat them High Court Judicial Review proceedings.
Haven’t decide yet what to do. Any suggestion?

Fred Swanson

This post has been deleted.

briansdamaster

Have you heard anything yet? My spouse sent the application 4 months ago so im wondering what we have in store for the future, please update

rikki2

briansdamaster wrote: »

Have you heard anything yet? My spouse sent the application 4 months ago so im wondering what we have in store for the future, please update

Hi Brian, we’ve been waiting 17 months

lucila

Hello guys. After 17 months I got my stamp 4 letter based on my marriage to an Irish National. The International protection office was still holding my passport and therefore I was not able to register my letter with the GNIB and get my residency card. However, I got my asylum decision yesterday after 3 years waiting for it and it was negative so now I am going to get my passport back , renew it with my embassy and go to the GNIB with my new passport and my stamp 4 letter to finally get the stamp 4 residency card. What a ****ing journey. I just want to register this here so other people in the same situation will have an idea of how it goes, if I could recommend something I would say withdraw your asylum application as soon as you get the stamp 4 letter based on the marriage because I didn't and I only lost time because of it .