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Stressed and worried - Marrying a non-EU national - notice, VISA exp, etc?

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  • 20-06-2020 11:06pm
    #1
    Registered Users Posts: 3,849 ✭✭✭


    Hi all,

    TLDR - Looking for any advice on marrying a non-EU citizen

    I'm planning on marrying the love of my life in the near future. We've been together since 2018. Unfortunately her visa expires in September. So, while we're truly in love, there is also the practical aspect of work permits etc. With that in mind, all we've been hoping for is a simple no-frills appointment in a registry office.

    It's taken months to get all of our documents together, and the Covid thing has put a spanner in the works.

    I'm quite confused about the order in which to proceed. The registry offices all seem to be booked out, but I was advised to get the notification letter in ASAP, even though I can't complete it without a marriage date or celebrant!

    I've also been advised to find a Humanist celebrant, who might be able to marry us this year.

    We're completely stressed about this situation. My OH feels like the feds are going to knock on her door the day her (Hong Kong) visa expires. I've been reassuring her, but I honestly have no idea. If we try to marry after her visa has expired, will that cause issues?

    She suggested her visa could be extended by 3 months by travelling to another EU country briefly, but I don't want to rely on that.

    We're at the point where I'm thinking about trying to contact the dept of justice and explaining the situation to ask for an extension to her visa until we're able to tie the knot.

    Any advice would be most welcome.

    Thanks in advance


Comments

  • Registered Users Posts: 1,208 ✭✭✭Batgurl


    Hi OP

    Realistically, you will not be getting married before September so I do think looking at other visa options for your fiancé would be the wisest thing to do.

    As you need to give 3 months notice of intent to marry to the HSE, and the fact that there is now a huge backlog of applications to process (and offices still haven’t reopened yet) and ceremonies to perform (also still not reopened yet), its just not practical to get it done between now and then.

    On top of this, you should also look into whether marriage will actually grant her right to remain in Ireland. It’s not always the case.

    Sorry I don’t have better news but easier for you to focus on something that will work, rather than something that won’t.


  • Registered Users Posts: 3,849 ✭✭✭condra


    Thanks for taking the time to reply. It really means a lot. I had no idea a spouse of an Irish citizen could be denied residency. Really disappointing and infuriating to be honest. Will keep going and try to tick all the boxes as they present themselves.


  • Registered Users Posts: 1,343 ✭✭✭dwayneshintzy


    Batgurl wrote: »
    Hi OP

    Realistically, you will not be getting married before September so I do think looking at other visa options for your fiancé would be the wisest thing to do.

    As you need to give 3 months notice of intent to marry to the HSE, and the fact that there is now a huge backlog of applications to process (and offices still haven’t reopened yet) and ceremonies to perform (also still not reopened yet), its just not practical to get it done between now and then.

    On top of this, you should also look into whether marriage will actually grant her right to remain in Ireland. It’s not always the case.

    Sorry I don’t have better news but easier for you to focus on something that will work, rather than something that won’t.
    Sorry, but have you an example where that is not the case? Where the spouse of an Irish national has no right to reside in Ireland?


  • Registered Users Posts: 3,849 ✭✭✭condra


    Sorry, but have you an example where that is not the case? Where the spouse of an Irish national has no right to reside in Ireland?

    According to INIS, the "sponsor" must be earning above a certain threshold. There are other criteria too.

    http://www.inis.gov.ie/en/INIS/Pages/spouse-or-civil-partner-of-an-irish-national

    Discussed here too:
    https://www.boards.ie/vbulletin//showthread.php?t=2057147442


  • Registered Users Posts: 764 ✭✭✭buttercups88


    Hi my brother in law and his now wife were in the same position as you a few years back. She had to leave to stay in Europe for a few days the first time then the second time she had to fly back to Canada for a while. Once they got married it became a non issue and she is legally working and residing here now.


    Try contacting spiritual ceremonies. They do fully legal wedding ceremonies here anywhere that has been approved as a venue so you may be able to get a cancellation somewhere once you dont want to have a big wedding.


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  • Registered Users Posts: 463 ✭✭niceoneted


    Make an application to justice as de facto partner


  • Registered Users Posts: 7,993 ✭✭✭joeguevara


    niceoneted wrote: »
    Make an application to justice as de facto partner

    Good advice here. Unfortunately there has to be evidence of a relationship of more than two years. From the OP you might fall short as it started in 2018 so not the required time.

    http://www.inis.gov.ie/en/INIS/Pages/De+Facto+Relationships


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