Confused. Married to Filipina. Which form for residency.

[Topcat72m]

Hi. I married my Filipina wife 2 month ago. Went to immigration officer. She said we should submit a permission for residence application. We did this. The issue is she has no visa now as she arrived here on a C visa. No temp 4 visa given. I'm wondering if we should have used the EU1 form. Can we still go this route. They replied to our application saying it will take 9-12 months. This is a long time to have no status.

I appreciate any help

[J_Karim]

before i advise anything you did not mention what nationality are you?
EU1 applies if only u are an european national living diff european country.but if you are an irish and living ireland with your spouse you need apply as irish domestic rules.
howeve if you are an irish national you need to apply there
Spouse of Irish National Unit
Residence Division
Irish Naturalisation & Immigration Service
PO Box 12695
Dublin 2.
requirements:Completed, signed and dated (by applicant and Irish National) Application Form
Your original marriage/civil partnership certificate
Your original passport(s) and birth certificate
Your Irish spouse’s/civil partner’s original passport and birth certificate (Passport Cards are not acceptable)
Divorce papers from applicant and/or spouse (if applicable)
Evidence of Private Medical Insurance in respect of non EEA national
Evidence showing that Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of "Policy Document on Non-EEA Family Reunification" available on INIS website http://www.inis.gov.ie (e.g. P60s for last 3 years, bank statements for previous 6 months, P21 Revenue Commissioner statements, recent pay slips, financial accounts, etc – this list is not exhaustive)
It is advised that your application and all other documentation are forwarded by registered post. All documents submitted must be submitted as originals. For processing purposes enclose a photocopy of all documents being submitted. All original documents will be returned following examination, copies will be retained on file.

here is the link for website: http://www.inis.gov.ie/en/INIS/Pages/WP07000024
link for form :http://www.inis.gov.ie/en/INIS/SOIN%20A ... 20Form.pdf
just download it from there and fill out
hope it helps
J_karim

[Topcat72m]

I'm Irish. That's exactly the process we did. Should have said that. Seems like it's easier for non Irish living in Ireland.

The reason I am confused is it seems other people saying they're using the eu1 form. Also the fact my wife doesn't get a temp stamp 4 while waiting when those using a EU1 form do.

[J_Karim]

if you did that when did you apply?
did you recive any letter or acknowledgememt from them?
nomal GNIB mostly know nothing.their job is just endross ur passport.
if you did not recive anything from them then u need to query there
INISsinu@justice.ie.
hope it helps
J_K

[Obie]

I think they are wrong.

If your wife has permission to stay in the state, then they are wrong to refer you to apply to the Department of Justice.

The Local Garda should have dealt with and approve the application.

They can only require to apply to the Department, if she has no status in the state.

[Topcat72m]

if you did that when did you apply?
did you recive any letter or acknowledgememt from them?
nomal GNIB mostly know nothing.their job is just endross ur passport.
if you did not recive anything from them then u need to query there
INISsinu@justice.ie.
hope it helps
J_K

We got response that her application was received and will be dealt with in turn and it's currently taking 9-12 months to process. We gave them all additional information they requested. They acknowledge receipt and returned original documents. But didn't say anything about the temp stamp. The Guard (Portlaoise) said because she came into the country on a C visa she will not have a stamp until the end of the process. In 9-12 months.

This is why I'm confused. I'm thinking if we can use the EU1 form she would have a temp stamp 4

[J_Karim]

Well It says 9 to 12 months but may not take this time it depends how busy are they? Recently i experience something that after submitting my own application it took only ten working days even people are waiting almost ten month here.It depends on your papers what you are submitting to them. As long as documents are simple and strong you get it quicker than the time frame. And it will be completely wrong to submit a EU1 form. You are an Irish and its not about your eu treaty rights practicing is this state it has to be dealt with local gnib.
under no circumstances you should not submit eu1 from as becasue u are an irish.Now temp eu stam 4 they approve to the person who are waiting for the next approaval and married to a eu citizen.And ofcourse u are an eu citizen but living in ireland so, what you did is the the accurate way to deal with.
To speed up your process you may write to them and other than that it’s a wait and see game if you know the meaning?
NB: Now if want have a stamp on your wife password from the gnib you hit the gnib again along with your wife and ask for a supervisor and show him the marriage cert and your acknowledgment and ask for few month stamp and tell them she has job offer or she wants to work.
Remember you are an irish and she has the rights to works in this state as long she is married to you.
You must approach to a supervisor in gnib because they have little more power than others.
Hope it helps

[Obie]

She does not have right to work in the state because she is married to an Irish Citizen, unless the Irish citizen has lived in another memberstate with her, and exercised EU treaty rights there.

What he needs to do, is argue the Garda Immigration officer, that his wife had visa when she came in, and therefore do not have to apply to the department of Justice.

You cannot apply under EU1, unless you are an Irish Citizen who has resided with you wife in another EU memberstate, and now returning to Ireland, which does not seem to be the case here.

Applying with EU one will lead to further delays.

[J_Karim]

Thank you Obie

Just want add here what Obie advised is more accurate information .
I saw many of your previous blogs obie and you really do some ground experience I believe and find your info is more reasonable.Thanks obie for your advise here..
However that lead to you in one place to go to gnib and more or likely you have be in bit of charge with the officer to get it sorted.
I wish you all positive out come.
keep us posted.

[Topcat72m]

She does not have right to work in the state because she is married to an Irish Citizen, unless the Irish citizen has lived in another memberstate with her, and exercised EU treaty rights there.

What he needs to do, is argue the Garda Immigration officer, that his wife had visa when she came in, and therefore do not have to apply to the department of Justice.

You cannot apply under EU1, unless you are an Irish Citizen who has resided with you wife in another EU memberstate, and now returning to Ireland, which does not seem to be the case here.

Applying with EU one will lead to further delays.

Thank you

[Topcat72m]

Well It says 9 to 12 months but may not take this time it depends how busy are they? Recently i experience something that after submitting my own application it took only ten working days even people are waiting almost ten month here.It depends on your papers what you are submitting to them. As long as documents are simple and strong you get it quicker than the time frame. And it will be completely wrong to submit a EU1 form. You are an Irish and its not about your eu treaty rights practicing is this state it has to be dealt with local gnib.
under no circumstances you should not submit eu1 from as becasue u are an irish.Now temp eu stam 4 they approve to the person who are waiting for the next approaval and married to a eu citizen.And ofcourse u are an eu citizen but living in ireland so, what you did is the the accurate way to deal with.
To speed up your process you may write to them and other than that it’s a wait and see game if you know the meaning?
NB: Now if want have a stamp on your wife password from the gnib you hit the gnib again along with your wife and ask for a supervisor and show him the marriage cert and your acknowledgment and ask for few month stamp and tell them she has job offer or she wants to work.
Remember you are an irish and she has the rights to works in this state as long she is married to you.
You must approach to a supervisor in gnib because they have little more power than others.
Hope it helps

Thank you

[Topcat72m]

Update.

We are still waiting for stamp4. We submitted the application to stay in late July. Then sent the further information as requested in August. My wife has been here since then and we are waiting for the decision.

My wife now has the opportunity of a job (Tesco) but no permission to work. Its over 6 month since we got married and nearly 6 month since applying to immigration. Is there anything else i can do to speed things up a bit.

[Topcat72m]

Update

Still waiting. Nothing heard from inis.

[Topcat72m]

12 months waiting today. Still no response.

[juliaewe]

12 months waiting today. Still no response.

Did your wife get leave to remain now? If yes, when? I am waiting for the same application now.

[Topcat72m]

12 months waiting today. Still no response.

Did your wife get leave to remain now? If yes, when? I am waiting for the same application now.

No. We got asked to send all our documents again. Passports insurance ect. Still nothing 14 months later.

How long are you waiting.

[jlad]

Hello TopCat72m,

I have emailed INIS spouse of irish national unit last week regarding of obtaining a visa when moving to Ireland with my irish spouse in the near future. Very similar to your case, I am from Asia like your wife too but INIS has informed me that since i am non visa required national to Ireland, all i need is enter Ireland using the usual way but at Immigration control i should inform border officer that i seek entry and remain in Ireland on the basis of joining Irish spouse, get stamp on passport on arrival for 90 days and register with INIS within 90 days and provide both our passports + tenancy agreement and we will get stamp for passport to stay (stamp4) on the day of registration that is good for 1 year. But they did warn me at the last paragraph on the email that if i dont renew my status on time and if it has expired, i would have to send the an application to the department for permission to stay in Ireland and it could take 9-12 months for processing. It sounds like an easy process as long as you renew your status with INIS every year to get your status official.

I believe your wife has entered Ireland on the wrong visa and also because of her nationality (Philippines - visa required nationals) hence the long time for processing. Like you have mentioned on your orignial post that she has arrived in Ireland on type C visa and as far as i know that is a short stay visitor visa and is generally valid only for 3 months. She should have applied from the country of residence for type D long stay join spouse visa at the time before arriving in Ireland. With that, she would has proper visa for the right purpose to join you as a spouse of Irish citizen in Ireland - i believe the process would be entirely different if she entered Ireland on the right visa.

I had a quick check on Philippines passport holder joining Irish spouse in Ireland and see what tpye of visa is required, and the result is type D.

http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-irish

Hopefully you get a response soon. Finger crossed.

[juliaewe]

12 months waiting today. Still no response.

Did your wife get leave to remain now? If yes, when? I am waiting for the same application now.

No. We got asked to send all our documents again. Passports insurance ect. Still nothing 14 months later.

How long are you waiting.

I am waiting from May 2017 and just want to know how many more months should I wait for the decision... This is just ridiculous. I don`t believe they have so many applications that they cannot finish within 12 month. People are getting Irish citizenship waiting 12 months or even less and I am sure citizenship approval is more time consuming process than this. And other thing I am angry about is that if my (or your) partner was EU citizen it would take 6 months due to EU regulations. But for some reason this regulations doesn`t apply to Irish citizens and it is crazy...

Anyway I wish you and your wife to get the positive decision as soon as possible!

[Topcat72m]

I agree. If we were from another EU state our partners would have a Temp stamp 4 while we are waiting.

Talk about being second class citizens in our own country.

[Douglas17]

Hi,
Just wondering if anyone has an update on their status and the time period waiting? Myself and my wife are waiting 9 months now.

Thanks.

[Ginmin]

Applied in feb 2017, over 12 months now and didn’t hear anything from them, back in August they asked to send all original documents to finalize the application but didn’t finalize yet. Thats ridiculous

[Ginmin]

12 months waiting today. Still no response.

Did your wife get leave to remain now? If yes, when? I am waiting for the same application now.

No. We got asked to send all our documents again. Passports insurance ect. Still nothing 14 months later.

How long are you waiting.

I am waiting from May 2017 and just want to know how many more months should I wait for the decision... This is just ridiculous. I don`t believe they have so many applications that they cannot finish within 12 month. People are getting Irish citizenship waiting 12 months or even less and I am sure citizenship approval is more time consuming process than this. And other thing I am angry about is that if my (or your) partner was EU citizen it would take 6 months due to EU regulations. But for some reason this regulations doesn`t apply to Irish citizens and it is crazy...

Anyway I wish you and your wife to get the positive decision as soon as possible!

Did you get any reply after 14 months?

[Rauli]

Hi guys
I have been reading all your post and i want to say that i am in the same situation. Irish spouse applied in April 2017 got acknowledgement in early may 2017 and still waiting. I was told that the wait is from 9 to 12 months and i hope it is as long as they say but what i ve been reading i doubt that it is going to be longer than that.
Did topcat72m get any answer at all?
Hope to an update soon

[Ginmin]

Rauli same thing i want to know from topcat72m but let me tell you its gonna take longer than 12 months and i think i applied just a month before you so we both are in same waiting list. Its been over a year since i applied for permission to remain on the basis of marriage but didn’t hear from them. Going to email them this friday and let you know how long they want more to decide about my application. Unfair treatment from the INIS for its own citizens and their spouses, holding both passports in the office until they decide about the application and problem comes when you can’t even work anywhere, and look at spouses of eu citizens they get permission to work so called temp stamp straight away after submitting all the documents.

[lucidj]

Hey guys. I applied in march and got response letter in april. I am still waiting as well , it has been 11 months and 2 days now. I am living in Dublin and can't work for all this time. I don't know what to do