Confused. Married to Filipina. Which form for residency.

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Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Tue Aug 16, 2016 11:56 pm

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
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Re: Confused. Married to Filipina. Which form for residency.

Postby J_Karim » Wed Aug 17, 2016 12:29 am

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%20Application%20Form.pdf/Files/SOIN%20Application%20Form.pdf
just download it from there and fill out
hope it helps
J_karim
Any one can give there suggestion but only experts can give advice

Regards
J.K
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Re: Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Wed Aug 17, 2016 12:57 am

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.
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Re: Confused. Married to Filipina. Which form for residency.

Postby J_Karim » Wed Aug 17, 2016 8:45 am

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
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J.K
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Re: Confused. Married to Filipina. Which form for residency.

Postby Obie » Wed Aug 17, 2016 9:14 am

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.
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Wed Aug 17, 2016 1:05 pm

J_Karim wrote: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
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Re: Confused. Married to Filipina. Which form for residency.

Postby J_Karim » Wed Aug 17, 2016 1:52 pm

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
Any one can give there suggestion but only experts can give advice

Regards
J.K
J_Karim
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Re: Confused. Married to Filipina. Which form for residency.

Postby Obie » Wed Aug 17, 2016 2:09 pm

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.
You haven't lived today successfully, unless you've done something for someone who can never repay you.'
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Re: Confused. Married to Filipina. Which form for residency.

Postby J_Karim » Wed Aug 17, 2016 2:16 pm

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.
Any one can give there suggestion but only experts can give advice

Regards
J.K
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Re: Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Wed Aug 17, 2016 5:14 pm

Obie wrote: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
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Re: Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Wed Aug 17, 2016 5:15 pm

J_Karim wrote: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
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Posts: 8
Joined: Tue Aug 16, 2016 11:34 pm

Re: Confused. Married to Filipina. Which form for residency.

Postby Topcat72m » Wed Jan 11, 2017 2:50 pm

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.
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