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from Northern Ireland to Rep. of Ireland

Forum to discuss all things Blarney | Ireland immigration

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toby2020
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Posts: 13
Joined: Sun Dec 29, 2019 8:21 pm
Ireland

from Northern Ireland to Rep. of Ireland

Post by toby2020 » Sun Feb 09, 2020 2:00 pm

Hi,

I'm an irish citizen from cork living in Northern Ireland with my non eu wife with just over a year. she moved here on an eu family permit and has since got pre-settled status for 5 years.

I have been offered a job back in cork which i would like to take and move back with my wife, how would she go about getting a visa to come live there with me? she is from an Asian country where a visa would be needed to enter ireland.

we have drove down south many times to visit family and we never got a visa as obviously there is no border checks and we just took the chance.

how would she go about getting a right to remain in ireland with her spouse? could we just drive down and report to a garda station to try and get some sort of stamp for her to remain in the state?

Thanks

Ezz
Newly Registered
Posts: 7
Joined: Tue Nov 19, 2019 4:38 pm
Turkey

Re: from Northern Ireland to Rep. of Ireland

Post by Ezz » Sun Feb 09, 2020 8:51 pm

I would suggest the same. But just in case I would ring the local immigration office before moving to make sure you are not skipping a step. Goıd luck!

avro1959
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Posts: 54
Joined: Mon Feb 03, 2020 8:16 pm
Mood:
Canada

Re: from Northern Ireland to Rep. of Ireland

Post by avro1959 » Mon Feb 10, 2020 12:00 am

toby2020 wrote:
Sun Feb 09, 2020 2:00 pm
we have drove down south many times to visit family and we never got a visa as obviously there is no border checks and we just took the chance.

how would she go about getting a right to remain in ireland with her spouse? could we just drive down and report to a garda station to try and get some sort of stamp for her to remain in the state?
For non-EEA nationals residing in NI who require a visa for the ROI, they must apply for one prior to crossing into ROI. Entering without a visa is deemed to be an illegal entry. With a visa, you’d have to present yourselves to the nearest Garda station.

If you want to go by the book, then indeed she will need a visa before crossing the border.

Therefore all her previous trips to Cork were also illegal - I’d avoid bringing that up intentionally if I were you.

I’m not an immigration lawyer so I’m not the best person to answer, but you can also email GNIB with this enquiry for their official word. http://www.inis.gov.ie/en/INIS/Pages/contact

toby2020
Newly Registered
Posts: 13
Joined: Sun Dec 29, 2019 8:21 pm
Ireland

Re: from Northern Ireland to Rep. of Ireland

Post by toby2020 » Mon Feb 10, 2020 2:41 am

avro1959 wrote:
Mon Feb 10, 2020 12:00 am
toby2020 wrote:
Sun Feb 09, 2020 2:00 pm
we have drove down south many times to visit family and we never got a visa as obviously there is no border checks and we just took the chance.

how would she go about getting a right to remain in ireland with her spouse? could we just drive down and report to a garda station to try and get some sort of stamp for her to remain in the state?
For non-EEA nationals residing in NI who require a visa for the ROI, they must apply for one prior to crossing into ROI. Entering without a visa is deemed to be an illegal entry. With a visa, you’d have to present yourselves to the nearest Garda station.

If you want to go by the book, then indeed she will need a visa before crossing the border.

Therefore all her previous trips to Cork were also illegal - I’d avoid bringing that up intentionally if I were you.

I’m not an immigration lawyer so I’m not the best person to answer, but you can also email GNIB with this enquiry for their official word. http://www.inis.gov.ie/en/INIS/Pages/contact
i really don't think it was illegal for her to travel with me from NI to ROI as we are married and she would be travelling with a family member under Directive 2004/38/EC as we are living in the european union, so everytime we did travel from NI to cork there should of been no problem if we were stopped and we could show our marriage cert.

Anyway that's past not worried about that it's the future is what i'm worried about, just need to know what kind of visa she would need if any to come down to live with me? does she apply for a C visa to the irish embassy and then then when we travel down go to a garda for them to stamp?

Thanks for your post i'll contact inis also to see what they say.

vabel
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Posts: 7
Joined: Thu Jun 13, 2019 12:43 pm
Guatemala

Re: from Northern Ireland to Rep. of Ireland

Post by vabel » Mon Feb 10, 2020 9:15 am

There's a lot of confusion regarding travel between the UK and Ireland for non EU persons. This link should go some way to clarify the situation: http://www.inis.gov.ie/en/INIS/Pages/Irish Short Stay Visa Waiver Programme

avro1959
Junior Member
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Joined: Mon Feb 03, 2020 8:16 pm
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Canada

Re: from Northern Ireland to Rep. of Ireland

Post by avro1959 » Mon Feb 10, 2020 11:17 pm

You make a good point about the European directive. Indeed, if the entries are legal, there’s nothing stopping you from crossing and going to the nearest GNIB office and making an application to reside.

- I believe you’re looking for a long term D visa which is for spouses of Irish citizens.
http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-irish

However technically speaking, since you and your wife currently live in a country that’s following EU rules, you could also apply to be treated as an EU citizen in Ireland - which would extend more favourable rules to you and the opportunity to get the Stamp 4EUFAM.
http://www.inis.gov.ie/en/INIS/Pages/re ... n-eutreaty

In summary, I’m not sure of the best approach but INIS should be able to provide you guidance by email - I’d suggest bringing up the possibility of applying for the stamp 4EUFAM based on the fact that you’re returning from a different EU country and your wife already possesses an EU family residence card from said country.

toby2020
Newly Registered
Posts: 13
Joined: Sun Dec 29, 2019 8:21 pm
Ireland

Re: from Northern Ireland to Rep. of Ireland

Post by toby2020 » Fri Feb 14, 2020 2:28 pm

avro1959 wrote:
Mon Feb 10, 2020 11:17 pm
You make a good point about the European directive. Indeed, if the entries are legal, there’s nothing stopping you from crossing and going to the nearest GNIB office and making an application to reside.

- I believe you’re looking for a long term D visa which is for spouses of Irish citizens.
http://www.inis.gov.ie/en/INIS/Pages/vi ... mily-irish

However technically speaking, since you and your wife currently live in a country that’s following EU rules, you could also apply to be treated as an EU citizen in Ireland - which would extend more favourable rules to you and the opportunity to get the Stamp 4EUFAM.
http://www.inis.gov.ie/en/INIS/Pages/re ... n-eutreaty

In summary, I’m not sure of the best approach but INIS should be able to provide you guidance by email - I’d suggest bringing up the possibility of applying for the stamp 4EUFAM based on the fact that you’re returning from a different EU country and your wife already possesses an EU family residence card from said country.
I have emailed INIS a few days ago, do you have any idea how long it takes them to give a reply?

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