New Special Student Scheme 2005-2010

[ezstreet5]

The main issue here is not about the wording of 'continuous'. It is due to the fact that the person left the state after his/her residence permit is expired.
You can travel abroad without any issue as long as your residence permit is in date.

Once you leave the state after the expiry date of the residence permit, you could not have been allowed to re-enter the state under the same status. The person must have used an alternative reason (e.g. tourism/visit, where the visa-free national can stay in the country for no more than 3-6 months).

Perhaps Juliogdiana can elaborate, but I believe the issue is 100% about the definition of "continuous." That is, I believe that Juliogdiana left the State in 2013, and legally returned to Ireland under a Stamp 2 visa, and is now being refused a Stamp 4S visa under the scheme because they did not "continuously reside" in Ireland.

[Juliogdiana]

The main issue here is not about the wording of 'continuous'. It is due to the fact that the person left the state after his/her residence permit is expired.
You can travel abroad without any issue as long as your residence permit is in date.

Once you leave the state after the expiry date of the residence permit, you could not have been allowed to re-enter the state under the same status. The person must have used an alternative reason (e.g. tourism/visit, where the visa-free national can stay in the country for no more than 3-6 months).

Perhaps Juliogdiana can elaborate, but I believe the issue is 100% about the definition of "continuous." That is, I believe that Juliogdiana left the State in 2013, and legally returned to Ireland under a Stamp 2 visa, and is now being refused a Stamp 4S visa under the scheme because they did not "continuously reside" in Ireland.

Yes I agree with you about continuously, but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status, I was living in Ireland and went in holidays, same as I did in 2011 and 2012, they haven't mentioned the fact that I had no visa is the problem, if it is the case.

[Juliogdiana]

The main issue here is not about the wording of 'continuous'. It is due to the fact that the person left the state after his/her residence permit is expired.
You can travel abroad without any issue as long as your residence permit is in date.

Once you leave the state after the expiry date of the residence permit, you could not have been allowed to re-enter the state under the same status. The person must have used an alternative reason (e.g. tourism/visit, where the visa-free national can stay in the country for no more than 3-6 months).

Perhaps Juliogdiana can elaborate, but I believe the issue is 100% about the definition of "continuous." That is, I believe that Juliogdiana left the State in 2013, and legally returned to Ireland under a Stamp 2 visa, and is now being refused a Stamp 4S visa under the scheme because they did not "continuously reside" in Ireland.

Yes I agree with you about continuously, but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status, I was living in Ireland and went in holidays, same as I did in 2011 and 2012, they haven't mentioned the fact that I had no visa is the problem, if it is the case.

I am not a solicitor but the decision says, " because you have not lived continuously in the state", just it, if I bring this to court, I have to proof to the judge that I was living continuously in state, and just went out for 12 day holiday, doesn't matter if I had a visa or not.

[ezstreet5]

The main issue here is not about the wording of 'continuous'. It is due to the fact that the person left the state after his/her residence permit is expired.
You can travel abroad without any issue as long as your residence permit is in date.

Once you leave the state after the expiry date of the residence permit, you could not have been allowed to re-enter the state under the same status. The person must have used an alternative reason (e.g. tourism/visit, where the visa-free national can stay in the country for no more than 3-6 months).

Perhaps Juliogdiana can elaborate, but I believe the issue is 100% about the definition of "continuous." That is, I believe that Juliogdiana left the State in 2013, and legally returned to Ireland under a Stamp 2 visa, and is now being refused a Stamp 4S visa under the scheme because they did not "continuously reside" in Ireland.

Yes I agree with you about continuously, but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status, I was living in Ireland and went in holidays, same as I did in 2011 and 2012, they haven't mentioned the fact that I had no visa is the problem, if it is the case.

I am not a solicitor but the decision says, " because you have not lived continuously in the state", just it, if I bring this to court, I have to proof to the judge that I was living continuously in state, and just went out for 12 day holiday, doesn't matter if I had a visa or not.

Juliogdiana, when you went on holiday to France in 2013, did you return to Ireland with a valid stamp 2 visa, or under the visa waiver provisions for Brazillain nationals?

[Juliogdiana]

Perhaps Juliogdiana can elaborate, but I believe the issue is 100% about the definition of "continuous." That is, I believe that Juliogdiana left the State in 2013, and legally returned to Ireland under a Stamp 2 visa, and is now being refused a Stamp 4S visa under the scheme because they did not "continuously reside" in Ireland.

Yes I agree with you about continuously, but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status, I was living in Ireland and went in holidays, same as I did in 2011 and 2012, they haven't mentioned the fact that I had no visa is the problem, if it is the case.

I am not a solicitor but the decision says, " because you have not lived continuously in the state", just it, if I bring this to court, I have to proof to the judge that I was living continuously in state, and just went out for 12 day holiday, doesn't matter if I had a visa or not.

Juliogdiana, when you went on holiday to France in 2013, did you return to Ireland with a valid stamp 2 visa, or under the visa waiver provisions for Brazillain nationals?

My visa was expired but they let me in without stamp on my passport and said that I should arrange new visa.

[littlerr]

...but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status...

That changes everything. You cannot return to Ireland on the basis of being a "student" if you don't have a valid student visa. You must have come into the country under a tourism permission and tricked the immigration officer into thinking that you are here on a short visit after finishing your study, or that you will renew your student visa by applying for a new course but you never did. That makes your residence non-continuous.

The government has never argued about the literal meaning of the word continuous. If you have a valid visa/residence permit, you can travel in and out without any issue. That's why they didn't mention any of your holiday in 2011 or 2012 - because you have a valid residence permit.

Therefore, legally speaking, between 2010 and 2013 you were here as a student (even though you overstayed your visa, you were overstaying as a student.) After that trip, between 2013 and now, you were here as a tourist and you overstayed your visa as a tourist, not as a student.

Of course go to your solicitor and file an appeal, but if your file comes up as being an overstaying tourist for 6 years, I honestly don't think the chances are great.

[ezstreet5]

...but why they haven't mentioned the 20 days I spend in Brazil on 2011 as in holidays, 5 days in Spain on 2012? The fact that I had no visa in 2013 and travelled abroad for holidays doesn't change my residence status...

That changes everything. You cannot return to Ireland on the basis of being a "student" if you don't have a valid student visa. You must have come into the country under a tourism permission and tricked the immigration officer into thinking that you are here on a short visit after finishing your study, or that you will renew your student visa by applying for a new course but you never did. That makes your residence non-continuous.

The government has never argued about the literal meaning of the word continuous. If you have a valid visa/residence permit, you can travel in and out without any issue. That's why they didn't mention any of your holiday in 2011 or 2012 - because you have a valid residence permit.

Therefore, legally speaking, between 2010 and 2013 you were here as a student (even though you overstayed your visa, you were overstaying as a student.) After that trip, between 2013 and now, you were here as a tourist and you overstayed your visa as a tourist, not as a student.

Of course go to your solicitor and file an appeal, but if your file comes up as being an overstaying tourist for 6 years, I honestly don't think the chances are great.

I agree with littlerr's assessment. When you left Ireland with an expired student (Stamp 2) visa, you 'returned to compliance' and were then considered a neutral person from your country of origin. When you were readmitted, it was on those grounds of your county's visa waiver status. (Regardless of what the GNIB officer stated). You were then allowed 90 days, maximum, which you overstayed. It is discontinuous residence that would not qualify for this scheme (perhaps if you appeal).

[Lynx14]

The assessment above is correct.

And yes even going to Northern Ireland and returning is considered a new entry to the state. Here is an example: https://www.independent.ie/irish-news/c ... 81115.html

It really goes without saying that if you enter any country in a dodgy way or leave and reenter after overstaying your previous visa, it can jeopardize your future status.

[Juliogdiana]

How am I tourist without stamp on passport?
I am saying again, the last stamp I have on my passport is as student, they let me in as student with expired visa.
If is the case that I am tourist, the reason for refusal will be change of visa, which is not the case.

[DublinIEboy20]

You dont need to have a tourist visa in your passport as you are coming from visa free country *only stamp, sometimes not even that*. Also, immigration were right to cancel your application as you went outside of Ireland and then lied when coming back that you are probably applying again with INIS as a student ,which never happened. You were afterwards a tourist with an expired visa without any connection with your previous student visa and you cant say you were in Ireland as student as that was not true. Just one of many illegals living in Ireland who came here like tourists and then overstayed their visas.

You were illegal in Ireland, then went abroad and then again probably lying to the Immigration officer that you will continue your studies and he or she allows you to come to the country without putting in detention directly form the airport.

There would be no chance you to win in the court and I think you would just waste your money paying a barrister.

Previous comments from littler were on the spot. You lost your chance moment you went outside of Ireland. (by the way even if you tried to lie, by the law all airlines need to provide flight manifests to the immigration in Ireland or any other EU countries.

[DublinIEboy20]

by the way visa is not just a stamp in your passport but right to be legally in Ireland for some period of time and register with INIS within 90 days after arrival back to Ireland as you didnt have any visa. ie. your student visa was not valid therefore you could take a new course, pay admission or leave Ireland prior expiring of 90 days. You didnt respect the law of the land, therefore you were illegally all this period after the arrival from Spain so INIS is 100 % right to cancel your application.

Any law student can confrim this without any problems.

[kst2007]

Does anyone know how long it's gonna take them to process all the applications?

[Slainte]

Does anyone know how long it's gonna take them to process all the applications?

Its not about time. Its all about luck

[Juliogdiana]

Well, another point about continuously residence is that the conditions attached to the permission if granted Stamp 4S is: “That you will reside continuously in the State”

Will this mean that you can't leave for holidays

[RZee]

Well, another point about continuously residence is that the conditions attached to the permission if granted Stamp 4S is: “That you will reside continuously in the State”

Will this mean that you can't leave for holidays

No dear stamp 4s permission letter clearly explain and says '' You will reside continuously in the state. Continuous residency means living in the state for the period covered by this temporary permission allowing for reasonable periods of absence from the state for holiday, exceptional family circumstances or commitments outside the state arising from business or employment carried on within the state.''

[Juliogdiana]

Well, another point about continuously residence is that the conditions attached to the permission if granted Stamp 4S is: “That you will reside continuously in the State”

Will this mean that you can't leave for holidays

No dear stamp 4s permission letter clearly explain and says '' You will reside continuously in the state. Continuous residency means living in the state for the period covered by this temporary permission allowing for reasonable periods of absence from the state for holiday, exceptional family circumstances or commitments outside the state arising from business or employment carried on within the state.''

And how can you explain the high court decision from Mr. Barret on 11/07 refusing citizenship applications because the person with valid visa left Ireland for 1 day means that this person haven't living continuously in Ireland.

[littlerr]

Well, another point about continuously residence is that the conditions attached to the permission if granted Stamp 4S is: “That you will reside continuously in the State”

Will this mean that you can't leave for holidays

No dear stamp 4s permission letter clearly explain and says '' You will reside continuously in the state. Continuous residency means living in the state for the period covered by this temporary permission allowing for reasonable periods of absence from the state for holiday, exceptional family circumstances or commitments outside the state arising from business or employment carried on within the state.''

And how can you explain the high court decision from Mr. Barret on 11/07 refusing citizenship applications because the person with valid visa left Ireland for 1 day means that this person haven't living continuously in Ireland.

Dude, get over it. That ruling has no impact on 4S whatsoever. Your application is not a citizenship application. You are not eligible because you left the country after your student status is expired.

[Juliogdiana]

Well, another point about continuously residence is that the conditions attached to the permission if granted Stamp 4S is: “That you will reside continuously in the State”

Will this mean that you can't leave for holidays

No dear stamp 4s permission letter clearly explain and says '' You will reside continuously in the state. Continuous residency means living in the state for the period covered by this temporary permission allowing for reasonable periods of absence from the state for holiday, exceptional family circumstances or commitments outside the state arising from business or employment carried on within the state.''

And how can you explain the high court decision from Mr. Barret on 11/07 refusing citizenship applications because the person with valid visa left Ireland for 1 day means that this person haven't living continuously in Ireland.

Dude, get over it. That ruling has no impact on 4S whatsoever. Your application is not a citizenship application. You are not eligible because you left the country after your student status is expired.

Ok sorry, I didn't realize the same expression used at same instituition have two completely different meanings. Good for people with stamp 4s to apply for citizenship, means the Mr. Barrett decision doesn't apply to them.

[RZee]

No dear stamp 4s permission letter clearly explain and says '' You will reside continuously in the state. Continuous residency means living in the state for the period covered by this temporary permission allowing for reasonable periods of absence from the state for holiday, exceptional family circumstances or commitments outside the state arising from business or employment carried on within the state.''

And how can you explain the high court decision from Mr. Barret on 11/07 refusing citizenship applications because the person with valid visa left Ireland for 1 day means that this person haven't living continuously in Ireland.

Dude, get over it. That ruling has no impact on 4S whatsoever. Your application is not a citizenship application. You are not eligible because you left the country after your student status is expired.

Ok sorry, I didn't realize the same expression used at same instituition have two completely different meanings. Good for people with stamp 4s to apply for citizenship, means the Mr. Barrett decision doesn't apply to them.

That verdict is for the year before you apply for naturalisation not for whole five years.And they are going to appeal court in october. anyway that is completely different area nothing to do with 4S ,we still have very long way to reach there.
Good luck all waiting for their decision.

[Ksdub19]

Update

My application status changes to complete on Monday.
No sign of letter yet.
Wish me luck guys for positive result.

[Ksdub19]

Update

My application status changes to complete on Monday.
No sign of letter yet.
Wish me luck guys for positive result.

For info-
Arrived- October-2010
Applied- 25-October
Document asked 2 times- November & March
Completed- yesterday
Waiting for results
Finger crossed

[Tintu]

Hi congratulations. Can you please tell me what documents they asked. Thank you

[Tintu]

Update

My application status changes to complete on Monday.
No sign of letter yet.
Wish me luck guys for positive result.

For info-
Arrived- October-2010
Applied- 25-October
Document asked 2 times- November & March
Completed- yesterday
Waiting for results
Finger crossed

Hey congratulations. Can you please tell me what documents they asked

[Ksdub19]

Update

My application status changes to complete on Monday.
No sign of letter yet.
Wish me luck guys for positive result.

First- renewed passport
Second- proof for continues residency in 15/16/17

For info-
Arrived- October-2010
Applied- 25-October
Document asked 2 times- November & March
Completed- yesterday
Waiting for results
Finger crossed

Hey congratulations. Can you please tell me what documents they asked

[Tintu]

Update

My application status changes to complete on Monday.
No sign of letter yet.
Wish me luck guys for positive result.

First- renewed passport
Second- proof for continues residency in 15/16/17

For info-
Arrived- October-2010
Applied- 25-October
Document asked 2 times- November & March
Completed- yesterday
Waiting for results
Finger crossed

Hey congratulations. Can you please tell me what documents they asked

And what documents submitted. I am asking this for my friend. Bcoz he applied in november and in May they asked proof of residence of some years. He submitted some tax documents