Visa/ Immigration advice for Spouse

[Simonabee]

Hi guys,

It's my first post here, hope it finds you all well.
I am a 29 year old Irishman, currently working in Canada.My wife is from Guinea (West Africa) we have a 15 month old child together.

We met in 2010 when I was travelling and working in West Africa.
Our relationship has gone from long distance to ultra-long distance since I moved from Ireland to Canada.
A recent trip to Guinea cost me $2400 just for the flights and took the guts of three days to get there. It's become really difficult since moving to Canada.
I will be able to bring them to here in roughly September 2014, when I'm granted permanent residency.

They have been to Ireland twice already both times on a one month Visas......for which we had to give proof of funds, letters of invitation, and a lot of pleading.
Since then we have been married and my son has his Irish passport.

I am wondering if in your opinion it would be possible to bring them to Ireland on a longer term basis to stay with my family, so I can commute over and back to Canada and see them more regularly.

Any help would be greatly appreciated.

Best Regards.

[IntegratedMigrant]

Given the fact that they have been in Ireland twice, observed the conditions of their stay/visa, was never a burden to the state and returned back to their country of origin, you might as well try as they have better chances of their visas being approved for a longer term.

For that you'll need to demonstrate that you'll fund their stay until they live Ireland? Which could be difficult to proof? Again being that you're not currently residing in Ireland, it might be a difficult task to bring them here.

Based on your current situation, I cant confirm nor deny if they will give them a long term visa, it rests at the discretion of the Visa Officer!. Again pleading relentlessly might help

[Brigid from Ireland]

Are you planning another child? If your wife gives birth on Irish land to an Irish citizen child she will be allowed stay under Zambrano ruling. Any child will definitely be a citizen, as you are a citizen. So if she is pregnant the rule is simple - make sure she is in Ireland or Northern Ireland for the birth, and then she can stay under Zambrano.

Otherwise - look at issues.

Can your parents provide free accommodation or can you fund accommodation from your salary?

Is there any special reason they need to be here - you have an elderly mother who needs her daughter in law to care for her?

If you get a short term visa and they both come to Ireland you could have your parents apply for visitation rights to their grandchild - if the court grants this the child cannot leave Ireland, and if the child cannot leave the mother cannot go, regardless of her visa status. If the courts refuse your parents can appeal - this could take a year or two if done correctly, and it leaves your wife blameless as she overstays her visa on grounds of being ordered by court. (It could create a problem getting permission to take the child to Canada, as court could refuse to let him leave Ireland).

[dalebutt]

Your wife may qualify for a Zambrano residence card, as she already have an Irish citizen child, and the child would be unable to reside in Ireland without her being there.

She can submit an application for a Zambrano visa at the Irish mission nearest to her. You may also wish to contact the Immigration council of Ireland for guidance.

[Simonabee]

Thanks for all your help.
Plenty of food for thought.
The Zambrano option seems the most logical if it works.

[Malika]

Thanks for all your help.
Plenty of food for thought.
The Zambrano option seems the most logical if it works.

You should really seek immigration advice because I have a feeling that you being not resident in Ireland might throw up some difficulties. Read the Zambrano ruling very careful since neither of you(parents) are resident here in Ireland, there may be some difficulty.

I would recommend Brophy Solicitors for advice.

Read their newsletter, it seems like Zambrano Ruling is fraught with inconsistencies.
http://www.brophysolicitors.ie/brophyso ... 5May12.htm

Regards,