Indian visa over stay married to Irish girl

[chanianaus]

Hello everybody on this helpfull forum,

I am indian citizen and living in ireland legaly for 1 and visa overstay for 3 years, Last oct i got married to my Irish girlfriend who was pregnent 6 month at time of marrige,Now we have a beautifull 3 months baby girl.We applied for my visa to dept of Justice this Jaunuary and supllied them all documents they asked for incl proof of us living together for 2 years , bills , bank statements , Birth Certs and all.We got a letter saying it will take 9-12 months to process the apllication.We met our local TD regarding this and he is inquiring what he can do for us.

My question is

1. What r the chances i will be allowed to stay here

2. Is there anything i can do to cut down short that 9-12 processing time.Will meeting justice minister be any use and is he a helpfull guy.

3.My Indian passport in expiring in September Will it be a problem in extending that from indian embassy as i am here illegely.

Thanks in advance

[asrpb]

Hello everybody on this helpfull forum,

I am indian citizen and living in Ireland legaly for 1 and visa overstay for 3 years, Last oct i got married to my Irish girlfriend who was pregnent 6 month at time of marrige,Now we have a beautifull 3 months baby girl.We applied for my visa to dept of Justice this Jaunuary and supllied them all documents they asked for incl proof of us living together for 2 years , bills , bank statements , Birth Certs and all.We got a letter saying it will take 9-12 months to process the apllication.We met our local TD regarding this and he is inquiring what he can do for us.

My question is

1. What r the chances i will be allowed to stay here

2. Is there anything i can do to cut down short that 9-12 processing time.Will meeting justice minister be any use and is he a helpfull guy.

3.My Indian passport in expiring in September Will it be a problem in extending that from indian embassy as i am here illegely.

Thanks in advance

Hi chanianaus

As per EU law you should be allowed by DOJ to stay in IRL .... But as everyone on this forum knows DOJ doesn't care about anything ..... Answers to your question can be found on many threads on his forum if you go through them carefully.

Anyways here's what I think:

1. Your chances to Stay in IRL >> No Idea.
2. You can write them letters, call them OR forward your case via your local TD to get your processing time reduced But personally I think its very unlikely that they'll do something. BTW current Justice minister is an A**Hole
3. Can't suggest anything on your passport as it all depends on how Beauratic your Govt is ?

SUGGESTIONS:

1. Hire a GOOD lawyer... just in case.
2. Put full pressure by any mean possible on DOJ.
3. Try to get things sorted before your passport expires .... otherwise you'll be in Double Trouble.
4. Last but not least .... Try to get some sort of temp stay from GNIB or some sort of letter from DOJ.

BEST OF LUCK

[chanianaus]

thanks asrpb for quick reply, i have already hired a lawyer and our TD a frontbencher in opposition is also looking into it.

I just want to know is there anything addtional i can do as waiting for a year plus is just too much

And is there anyone who knows a case where someone renewed passport in condition of visa expired.

Can u please tell me more about temp letter from GNIB ,What is it as i can ask lawyer to get me one

thanks

[asrpb]

thanks asrpb for quick reply, i have already hired a lawyer and our TD a frontbencher in opposition is also looking into it.

I just want to know is there anything addtional i can do as waiting for a year plus is just too much

And is there anyone who knows a case where someone renewed passport in condition of visa expired.

Can u please tell me more about temp letter from GNIB ,What is it as i can ask lawyer to get me one

thanks

I suppose you can find someone with same situation if you go through this forum carefully.... But again he might not be Indian and as you know different governments have different policies

Regarding GNIB letter >> what I meant to say was that if you ask GNIB or DoJ to give you some sort of letter that you application is under process..... OR you can try to get this letter referred to Indian embassy so that they can renew your passport.

BTW.... A new Cabinet was unveiled last evening by Taoiseach Brian Cowen. The new Minister of Justice, Equality and Law Reform is now Dermot Ahern ...... May be he'll be bit kind hearted than the previous one

[Maliklahore]

thanks asrpb for quick reply, i have already hired a lawyer and our TD a frontbencher in opposition is also looking into it.

I just want to know is there anything addtional i can do as waiting for a year plus is just too much

And is there anyone who knows a case where someone renewed passport in condition of visa expired.

Can u please tell me more about temp letter from GNIB ,What is it as i can ask lawyer to get me one

thanks

I suppose you can find someone with same situation if you go through this forum carefully.... But again he might not be Indian and as you know different governments have different policies

Regarding GNIB letter >> what I meant to say was that if you ask GNIB or DoJ to give you some sort of letter that you application is under process..... OR you can try to get this letter referred to Indian embassy so that they can renew your passport.

BTW.... A new Cabinet was unveiled last evening by Taoiseach Brian Cowen. The new Minister of Justice, Equality and Law Reform is now Dermot Ahern ...... May be he'll be bit kind hearted than the previous one

Hi
I would strongly advice you go back to India and apply with a fresh passport you will get spouse visa and will able to work and live in Ireland. Nobody can stop you to come back to Ireland. Don’t waste your time and money over here.
One thing more you can do . go back to India invite your Irish wife to India get married again over in India . keep your passport up to date. And apply fresh application from India for spouse visa.
Good Luck
M

[Directive/2004/38/EC]

As per EU law you should be allowed by DOJ to stay in IRL .... But as everyone on this forum knows DOJ doesn't care about anything .....

This is not correct. The applicant's spouse is Irish and so EU law does not apply in this situation. This is an issue only of Irish law.

[chanianaus]

Thanks for replies guys,

So Directive what does irish Law say in this case,What r rights of my Wife and Daughter.And what can i do to cut down waiting time.


Thanks Malik for replying too.I was considering going to India but my lawyer suggested me againist it.

Thanks

[Directive/2004/38/EC]

Sorry I can not help. I do not know very much about Irish law, except as it relates to EU law.

[Maliklahore]

Thanks for replies guys,

So Directive what does irish Law say in this case,What r rights of my Wife and Daughter.And what can i do to cut down waiting time.


Thanks Malik for replying too.I was considering going to India but my lawyer suggested me againist it.

Thanks

Hi.
Did you married during your illegal over stay visa in Ireland?
If not then it will be very easy to get visa from India. That will sort everything.
New passport. New Application will sort this issue very easily. That’s what I know.
Once you have your marriage certificate from India / Ireland with an Irish.
Irish Law cant stop you anymore so best is instead of wasting time and money in Ireland go back to India for fresh application. It will be very fast. You can get Spouse Visa within 8 weeks. Keep your travel ticket with you don’t mansion that you was illegal in Ireland. Just mansion that Irish girl came to India and you have applied from India as fresh visa.
The only problem can be if you married during your illegal time in Ireland and you have registered your mar raged during that time they will probably check your record. But if you will not submit your Irish marriage certificate in this case just submit marriage cert from India.
Make pictures in India with you wife during marriage ceremony and attach with your visa application.

Good Luck
M

[chanianaus]

Hi Malik,

I married my wife during my illegal stay in ireland ,I totally understand what u r saying but that is not a option in my case,My application is already with DOJ 4 months,We got married during my illegal stay ane our baby birth was during illegal stay too.

It wont be great Idea to hide that much

Thanks for replies Mate

[ihcarak]

thanks
chanianaus for the reply

my wife is from lithuania
i have no kids

[archigabe]

I sympathise with the OP as much as the other people on the forum, but please refrain from suggesting ideas which can be considered unlawful or borderline unlawful. I was informed through some sources that the Department of Justice is keeping an eye on this site because of the large number of E.U1 cases being discussed here.
regards.

[Directive/2004/38/EC]

I hope they keep their eye on this site! There is a lot of good information for them to learn here.

Much of what is legal I expect to be described by DOJ as “borderlineâ€