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Irish with foreign wife moving back

Forum to discuss all things Blarney | Ireland immigration

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Malawimalawi
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Posts: 6
Joined: Sun Mar 14, 2021 5:30 pm
Philippines

Irish with foreign wife moving back

Post by Malawimalawi » Sat Mar 20, 2021 6:51 pm

I am Irish; my wife Filipino & we have a child. We are making plans to move to Ireland. My wife already has a multi-entry type C (spouse) temporary visit visa. We currently live outside the EU. I own a home in Ireland and have E40k+ gross income p.a.

(1) When we are moving to Ireland, is it OK for my wife to simply arrive on her type C (spouse) temporary visit visa and then declare at immigration that we are intending on settling in Ireland and that she intends to apply for residency? We would arrive all-3 together.

(2) If my wife arrives on type C visa, that permits her a max. stay of 90 days. How does one apply for a stamp affording her more time so she can reside in Ireland while her application for residency is being processed? What is that type of application/stamp called? Does one apply for it at the airport on arrival?

(3) Can the process of getting my wife residency be started before we leave our current country? If so, how does one apply / to whom does one apply?

I have read some excellent responses on similar topics from a person styled 'littller' who seems very knowledgeable so hoping for some tips on how best to handle so that we don't ever end up having to be separated.

Thanks all.

littlerr
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Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Irish with foreign wife moving back

Post by littlerr » Sat Mar 20, 2021 8:59 pm

In theory she can’t come to Ireland to live for long term on a Type C visit visa (with the exception of EU treaty rights).

However, in reality, border officers are unlikely to refuse her entry, but I wouldn’t bet on that. Many people would take their chances.

The bigger problem is that she will need to apply to GNIB office to get a Stamp 4. With the correct long term visa (Type D), it would have been a straightforward visit to your local Garda station to get the permission. Without the correct type of visa, it is very likely that she will be referred to SOIN unit for a formal application, which can take anywhere between 6 and 12 months to process.

Malawimalawi
Newly Registered
Posts: 6
Joined: Sun Mar 14, 2021 5:30 pm
Philippines

Re: Irish with foreign wife moving back

Post by Malawimalawi » Sat Mar 20, 2021 11:07 pm

Thanks.

Any thoughts on my questions (2) and (3)?

Also:

(4) How long does it typically take to get a class D visa? I was under the impression that in pre-COVID times it takes 6 mths to a year, which brings problems of its own (a v uncertain timeframe / v difficult to plan when you are living in a third country on stamps of that country’s.... my right to live here and my wife’s runs out the day my employment ends so if that happens while we’re waiting for a class D visa to come through, if we’re to stay together, we’d have to find another country to ‘wait it out’ in. And I have a v long notice period so simply waiting to start that process till the visa is through is not ideal either.

(5) When a clas D visa issues, how long does it remain ‘good for’..... i.e. how many months do we have after it has issued to actually make the move to Ireland off the back of that visa.

littlerr
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Posts: 1756
Joined: Wed Jul 25, 2018 12:14 pm
China

Re: Irish with foreign wife moving back

Post by littlerr » Mon Mar 22, 2021 9:37 am

(2) I have answered this in my previous comment. She must tell the border control that she the purpose of her visit is to live in Ireland with you.

The border staff may use their discretion and decide whether she should be given a long-stay stamp which allows her to do so or not.

If they decide not to give her that stamp, she may get a temporary visit stamp of max 3 months instead, or she may be deported (which rarely happens). If they do decide to give her the long-stay stamp, she will have 3 months to apply to the local Garda station or GNIB office (depending on where you live) to apply for a Stamp 4. Without a proper Type D visa, there's a fairly big chance that she may need to wait for 6-12 months before the application can be approved.

(3) As above, this process cannot be started until she is landed by the border control at the airport. Well, in theory, the real starting point of the process is when she applies for a Type D Join Family visa.

(4) This is a question for your local embassy. Some embassies and consulates post their processing time
online. For example, the Embassy in India said it takes 10 days to process a Join Family visa where the accompanying sponsor is a CSEP holder, and 2 months to process the Join Family visa where the sponsor is an Irish national. https://www.dfa.ie/irish-embassy/india/ ... s-appeals/

I don't see a processing time for Philippines so you have to contact them in person.

(5) Again this is within your local embassy's discretion. A few years ago it's typically valid for a month, but I haven't seen any recently. In the UK it has been shortened to 2 weeks. You can certainly tell the embassy what your expected departure date is and ask them to make sure the visa is valid for that date.

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