Help needed for, INDEFINITE LEAVE TO REMAIN in Ireland :)

[craicindublin]

Hi Folks,

I got married in 2004, applied for naturalization in 2007 which is still pending to this date upon contact with naturalization dept, they said naturalization is not a leaflet to hand out its a very serious matter and they have to do all the checks before forwarding the application to the minister of justice.

So folks my question is that can i apply for ''Leave To Remain'' and send my documents to the minister of justice such as My Marriage Certificate, Proof of address, employment proof, photo copy of my wife's passport ?

My Wife doesn't work she is on Social welfare payment but doesn't get any Rent Allowance because i work. I have a 6 year old daughter with her as well.

Did any of you ever apply for leave to remain in ireland ?? what are the requirements ?? i would love to know more about it you can ask me any questions if i forgot to mention anything here ....

FACTS:

1. Got Married in 2004.
2. Have 6 year old daughter from my marriage.
3. Have 2 public disorder offenses (fine paid)
4. Have had a row with a taxi driver 4 years ago which ended in a fight got charged after he decided to do press charges (was given 250 fine to pay to the charity and 80 hours of community service, which was all done and dusted)
5. Got arrested while buying marijuana for 50 euros, but was released with caution without charge; 3 an a half years ago.
6. Working for the past 3 an a half years in the same company.
7. Applied for Social welfare, drawn it for less than 3 months.
8. have 6 Points on my drivers license all for speeding last one i got was four years ago.

That's about it, i didnt hide anything, everybody has a past you know now i am grown up and living a normal life, so folks give me your honest opinion whats the story with Leave to remain ?? All the things i said above should NOT matter in getting Leave to remain.

Please give me your opinion if you know what youre talking about.

Thanks A Mil

[fatty patty]

Hi Folks,

I got married in 2004, applied for naturalization in 2007 which is still pending to this date upon contact with naturalization dept, they said naturalization is not a leaflet to hand out its a very serious matter and they have to do all the checks before forwarding the application to the minister of justice.

So folks my question is that can i apply for ''Leave To Remain'' and send my documents to the minister of justice such as My Marriage Certificate, Proof of address, employment proof, photo copy of my wife's passport ?

My Wife doesn't work she is on Social welfare payment but doesn't get any Rent Allowance because i work. I have a 6 year old daughter with her as well.

Did any of you ever apply for leave to remain in ireland ?? what are the requirements ?? i would love to know more about it you can ask me any questions if i forgot to mention anything here ....

FACTS:

1. Got Married in 2004.
2. Have 6 year old daughter from my marriage.
3. Have 2 public disorder offenses (fine paid)
4. Have had a row with a taxi driver 4 years ago which ended in a fight got charged after he decided to do press charges (was given 250 fine to pay to the charity and 80 hours of community service, which was all done and dusted)
5. Got arrested while buying marijuana for 50 euros, but was released with caution without charge; 3 an a half years ago.
6. Working for the past 3 an a half years in the same company.
7. Applied for Social welfare, drawn it for less than 3 months.
8. have 6 Points on my drivers license all for speeding last one i got was four years ago.

That's about it, i didnt hide anything, everybody has a past you know now i am grown up and living a normal life, so folks give me your honest opinion whats the story with Leave to remain ?? All the things i said above should NOT matter in getting Leave to remain.

Please give me your opinion if you know what youre talking about.

Thanks A Mil

Jeez man, i envy you for all the above. I am assuming you are spouse of an Irish thats how come you have applied for naturalisation in 07 after married in 04. If you are on spouse of Irish visa then you cannot apply for LTR or WCATT so i have heard. If you are not spouse of Irish and are on work permit then you can apply for LTR after completing 5 years on permits.

As far as the above problems with the law, this will go against you when the case officer is working with your application for naturalisation. As far as you claiming dole for a while....if you are spouse of Irish thats get dusted under the carpet sometimes by the naturalisation section, but if you are applying on the basis of permit than it could become an issue. Also penalty points if you got em four years ago they are gone as they only stay 3 years on the license record.

[craicindublin]

First of all thank you for taking your precious time to reply to my post. Ya man i am no angel and i dont need to hide the facts after all this forum is all about getting help or giving help you know

Yes i am a spouse of Irish Citizen. Citizen information center told me i could apply for it after 3 years being married. I applied and it was accepted when their office used to be in Dublin (on the quays actually) now believe it or not again Citizen Information Center (in O'Connell ST) told me i can apply for leave to remain because naturalization may take longer (ha ha they think 4 years aren't enough time to make a decision) anyway youre right, getting into trouble with the law may make me look like a right scum but i know who i am again i am not the one to decide on my case so it doesnt matter what i think of my self; but as we all know past cannot be changed so i gotta live with it No I am not applying for the basis of permit or anything i am on stamp 4 for the past 7 years, the last time i got my visa renewed the immigration officer told me he could only give me visa for 5 years because total duration of my passport is 5 years (which is a bummer) he also advised me to apply for leave to remain (4 years 3 months ago when i last got my visa)

My main question is that i gotta live rest of my life renewing my visa's every 5 years ? lol that would be flipping some experience ha ha but surely there could be another way to sort it out, I mean think about it lets say minister of justice say feck it he aint getting naturalization, so if they reject than the only option is to renew my visa every 5 years ? lol

Please write back man, lol

[fatty patty]

Please see link below:

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

You can speak to a solicitor regarding your case and put it up to them see what they have to say, they can give you more specific advise on this matter and probably put up a better case for you. But for sure spouses can't apply for LTR. I am not fully 100% regarding WCATT though but there is a good character condition in there too like citizenship.

[craicindublin]

Thank you again for your reply man, okie i checked out the link you posted. Now there is a lot of talk about Stamp 3 (which i think is student stamp, allowing the holder to work 20 hours or less per week) i dunno what the Stamp 1 is, see thing is that i never really inquired much about visa's and stamps etc because i just couldn't be bothered now at this stage my wife is eating my ears on daily basis and its taking its toll on me which is why i decided to post this thread.

There is also a lot of lines in regarding work permit which again doesn't apply on me, I am surprised to see there aren't many people out there in my shoes (or similar) mostly got married to EU nationals and stuff which is a completely different ride compare to mine.

Further down the line it also says ---->>> ''you must be the Spouse/Dependant of an applicant who has already been granted Long Term Residency on Stamp 4 conditions''

Again it doesn't apply on me because my spouse is Irish, so i guess the last resort for me is to contact the Irish Immigration specialist/solicitor. I will do that tomorrow and whatever happens i will let you know alright.

Peace Bro,

==========================
below is the Paragraph from your link
==========================

http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency


(ii) Applications from Spouses/Dependants

The spouse and/or dependant(s) of the applicant for Long Term Residency may also apply for Long Term Residency. In order to apply for Long Term Residency as a spouse/dependant, the applicant must be legally resident in the State as a spouse/dependant for the required 60 month period(i.e. minimum of 5 years).

Successful applications from those who apply as a spouse/dependant will be granted Permission to Remain on a Stamp 3. This particular long term permission does not exempt the spouse/dependant(s) from employment permit requirements.

It should be noted that, in order to submit an application for Long Term Residency as a Spouse/Dependant (Stamp 3) you must be the Spouse/Dependant of an applicant who has already been granted Long Term Residency on Stamp 4 conditions.

(Note: See last paragraph for categories of persons for which applications for Long Term Residency cannot be accepted).[/i]

[fatty patty]

How do I know if I am ineligible to apply for Long Term Residency?

Applications for Long Term Residency cannot be accepted from persons listed in the following categories:


•The applicant is an EEA National (EU member states, Iceland, Liechtenstein & Norway).
•The applicant has permission to remain on the basis of his/her marriage to an Irish national (refer applicant to Spouse of Irish National Unit).
•The applicant has permission to remain on the basis of his/her marriage to an EEA national. (refer applicant to EU Treaty Rights Section)
•The applicant has permission to remain on Student Conditions (Stamp 2 & Stamp 2A)
•The applicant has been made redundant and has been lawfully resident and worked for 5 years with an employment permit issued by the Minister for Enterprise, Trade and Innovation or has been lawfully resident and has worked in accordance with an employment permit for less than 5 years and has been made redundant involuntarily. (See "Policy for 5 year workers and redundant workers ").
• The applicant has permission to remain under the old IBC and IBC-05 schemes or has had such permission renewed. (refer to IBC section)
•The applicant was granted permission to remain under the Turkish Agreement (Turkish Association – Stamp 4 for 1 year – renewable with local Immigration Officer)
•The applicant was granted permission to remain under Humanitarian Leave to Remain or was granted Refugee Status or entered the State under the Family Reunification scheme.
•The applicant has permission to remain on the basis of an Intra-company Transfer.
•The applicant is working at a foreign embassy in the State.
•Permission to Remain issued under the Work Holiday Authorisation scheme (see www.dfa.ie) is not counted for the purposes of Long Term Residency.
•The applicant holds only Green Card (Employment) permits. Once the Immigration, Residence and Protection Bill 2008 has been enacted, Green Card (Employment) Permit holders will be eligible to make direct application to the Minister for Justice and Equality for consideration for Long Term Residency.

source: http://www.inis.gov.ie/en/INIS/Pages/Lo ... _Residency

The spouses holding stamp 3 are non-eu spouses of work permit holders on stamp 1.

Info regarding stamps:

http://www.inis.gov.ie/en/INIS/Pages/Stamps

[9jeirean]

If you are on spouse of Irish visa then you cannot apply for LTR or WCATT so i have heard. .

Hi fatty patty and craicindublin,

Just to clarify that spouses of Irish citizens can indeed apply for withot condition as to time WCATT stamp provided they have residency stamps up to 8 years in total and have less than 6 months less on their current stamp

See here for more details ==>

http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements


I wouldn't give up on the naturalization just yet. Tough one no doubt and IMHO a lucky call that you have not got a refusal yet. I think they have deferred decision on your file pending later/future review of your circumstance. Technically most of those offences will stay in your record for 3yrs or is it 5 years am not sure pls verify. When they return to review your file, provided you haven't any new -ve records they very likely wont be counted against you. If you are currently working, I'll advice you send them updated payslips, bank statement and bills every 6 months as reminder.


I think you can still pull it through but you will have to keep on the straight and narrow mate .

My best wishes.

9jeirean

[craicindublin]

Hey man thanks for your reply again, here i got some more information on this issue, check this out and give me your feedback it will be nice to see it here.

I got this information from this link --->>> http://www.inis.gov.ie/en/INIS/Pages/WP07000024

====================
Above link says the following:
====================

**********************************************************
Permission to reside in the State on the basis of marriage to an Irish
national

Marriage to an Irish national does not confer an automatic right of
residence in the State. A non EEA national who wishes to reside in the
State on the basis of their marriage to an Irish national must make an
application for permission to remain in the State.
**********************************************************

Now looking at the above information it says '' Must make an application for permission to remain in the state. Now, does this mean i should go to immigration office (on the quays) to get 5 year visa every time it expires OR does this mean i should apply for leave to remain (unconditionally) ?? Does ''Leave to remain'' have a duration time period i.e 5 years ? or its just a stamp meaning ''this person is now entitled to live in Ireland for unconditional time period'' ???

Its so flippin confusing man but i am sure we will get somewhere if we keep this up ha ha. May be i mixed up Permission to remain with Indefinite Visa Stamp.

Yes that's it i think i would like to know if i can apply for ''INDEFINITE'' visa stamp i don't even know if such stamp exists lol but i think my original questions was in relation to Indefinite visa stamp (if that exists)

Please keep your suggestions posted, its a good craic actually !!!

Peace.

[craicindublin]

@9jeirean

Thank you very much Bro for posting such a useful information. next year in March i will be married for 8 years (seems like a life time already) so i guess i gotta wait until then. I know it for a fact that TIPPERARY naturalization office got access to immigration records and they can see it my visa will be expired in December, they can also verify that through Guarda Card and a photo copy of my visa on my passport. So they probably wanna see if i can get another 5 year visa this time or my wife is on the run lol ha ha.

You probably think otherwise but the situation going on these days makes me think like that (sham marriages and stuff) I am grand either way but i feel good knowing there is a better way and hope for people in my shoes my wife got a lil upset and went to bed after reading Fatty_Patty messages (Hey fatty Patty ive nothing against you BRO, i am still thankful for your replies, at least you've tried to help me genuinely and that's all that matter to me) I will give her good news tomorrow before i will go to work just to cheer her up lol.

I am just curious to know what WCATT stands for and what is it for? i mean what will this entitle me for ? Indefinite leave to remain ?? I was goggling ''Indefinite leave to remain Ireland'' and didn't even get slight bit of information for ireland all information was coming for the UK which made me think its really difficult to get such stamp or cert (whatever it is) maybe people take shortcuts and get the nationality well before 8 years wait lol maybe they cant stay married for 8 years straight lol God only knows.

I have no problem in getting a refusal so i will than know where i stand or what the next step is going to be lol but INIS dont wanna give me the satisfaction of knowing the status of my application ha ha. Ya mate i think i will pull through too but ive another question. Lets say if INIS refuses my naturalization application will i still be able to apply for Indefinite leave to remain ?? will it not conflict with my refusal for Naturalization application?

Can you also tell me please how will i go about renewing my Visa in December ? I am sure its going to be flipping crazy and over crowded in Immigration office at the Quays. Do i need to bring the following ??

1. My Wife (As a proof that she is not on the run)
2. Our Marriage Certificate.
3. Her Passport.
4. My Passport.

Do i need anything else to prove that i am legit ?? such as Proof of address under my name and Proof of address under her name etc ??

Please let me know and if you will have any question type it lol :)

Peace Bro's

[fatty patty]

My apologies, i stand corrected. Spouses of Irish citizen can apply for WCATT but cannot apply for LTR. WCATT stands for WITHOUT CONDITION AS TO TIME. Indefinite leave to remain are British words cracindublin don't confuse them, its WCATT you should concentrate on.

As you said next year march it will be 8 years of you married, but remember its 8 years on stamps....so you need to count from the date you got your first stamp and go from there, once you have accumulated 8 years you go for WCATT apply with usual documentation as mentioned here...

http://www.inis.gov.ie/en/INIS/Pages/Wi ... dorsements

As far as citizenship case 9j is right, it is deferred as 07 wait for an Irish citizen is very late. INIS will probably request another garda report this year or in the future to see are you on a straight line, so stay in the speed limits man, use bus and trains and quit smoking.

[agniukas]

Your only options are:
1. renewing your permission to remain as a spouse of irish national. stamp 4 for 5 years given my immigration officer. i believe it's free of charge, so no need to worry. it's not like you have to pay and renew it every year.
2. once you complete 8 years in ireland you can apply for WCATT. that will be issued till the expiry of your passport. if your passport is only valid for 5 years from its issue, it will only be 5 years. you can apply only when you have less than 6 months until the expiry of your stamp 4.
so there is no difference as to what stamp you will get. Even if you don't get naturalisation, you are still sorted for living and working in ireland, whicherver option you choose.