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Missing stamp gaps

Forum to discuss all things Blarney | Ireland immigration

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Lottie67
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Ireland

Missing stamp gaps

Post by Lottie67 » Wed Apr 14, 2021 2:47 pm

When I first arrived in Ireland in September 2017, I was 16 years old. I had a Visa type D extended to December 2017. I turned 17 in January 2018. I didn't apply for GNIB stamp 2A until July 2018. I was a secondary school student and I attended the full-time academic year of 2017-2018. I have proof of attendance in Ireland for 2017-2018 in school. My father wasn't made aware of the fact that I needed a GNIB stamp to reside in Ireland until the end of my academic year in 2018. I have missed the GNIB stamp 2A from January until July of 2018 which is nearly seven months. I will be applying as a dependent adult for naturalisation using my father's reckonable residency but I am afraid that this gap might affect the application. I can prove that I was present for this period of seven months. Can I contact the department to fill in that past period of 7 months with a stamp now in 2021? What should I do?

joker
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Ireland

Re: Missing stamp gaps

Post by joker » Wed Apr 14, 2021 2:59 pm

They will ask how you entered the country with no visa? Port of entry ?. If you have a passport stamps. Probably just to clear up your immigration status

littlerr
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Re: Missing stamp gaps

Post by littlerr » Wed Apr 14, 2021 3:13 pm

joker wrote:
Wed Apr 14, 2021 2:59 pm
They will ask how you entered the country with no visa? Port of entry ?. If you have a passport stamps. Probably just to clear up your immigration status
That's not what the OP was saying or asking.

littlerr
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Re: Missing stamp gaps

Post by littlerr » Wed Apr 14, 2021 3:17 pm

Lottie67 wrote:
Wed Apr 14, 2021 2:47 pm
When I first arrived in Ireland in September 2017, I was 16 years old. I had a Visa type D extended to December 2017. I turned 17 in January 2018. I didn't apply for GNIB stamp 2A until July 2018. I was a secondary school student and I attended the full-time academic year of 2017-2018. I have proof of attendance in Ireland for 2017-2018 in school. My father wasn't made aware of the fact that I needed a GNIB stamp to reside in Ireland until the end of my academic year in 2018. I have missed the GNIB stamp 2A from January until July of 2018 which is nearly seven months. I will be applying as a dependent adult for naturalisation using my father's reckonable residency but I am afraid that this gap might affect the application. I can prove that I was present for this period of seven months. Can I contact the department to fill in that past period of 7 months with a stamp now in 2021? What should I do?
You cannot backdate a GNIB/IRP stamp. A stamp is always given from the date the permission was issued, except for refugees.

I don't think you need to explain it in detail. Nobody can expect a person to get registered on their 17th birthday. You just needed to mention briefly why there's a gap of 7 months, but as long as your status has been legal since then, there won't be any issue.

However, you need to deduct your 7 months from your 5 years' reckonable residences.

Lottie67
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Re: Missing stamp gaps

Post by Lottie67 » Wed Apr 14, 2021 3:22 pm

Well, I did arrive to the state of Ireland on a join parent visa. Would they consider my stay legible if my father had a GNIB stamp 1 in that period from January to July 2018?

littlerr
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Re: Missing stamp gaps

Post by littlerr » Wed Apr 14, 2021 3:30 pm

You are covered up till 23 years old for the purpose of naturalisation based on your parents’ permissions, if you have been in full-time study.

However, that rule does not override the requirement that you must register with GNIB in order to remain in the state once you are over 16 years old. While a few weeks of gap might be accepted by INIS, I can’t see them accepting a gap as big as 7 months.

Of course the option is yours. Worst case scenario you just lose your application fee, and you can always apply again.

Lottie67
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Re: Missing stamp gaps

Post by Lottie67 » Wed Apr 14, 2021 3:35 pm

So would you advise me to stay an extra seven months with my 5 years of residing in Ireland with reckonable residency? I know that a stamp 2 or 2A provides no reckonable residency. I will be applying as a dependent adult so I will be depending on my father's reckonable residency for the naturalisation application. The reckonable residency term confuses me since I have none as a stamp 2/2A holder.

littlerr
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Re: Missing stamp gaps

Post by littlerr » Wed Apr 14, 2021 3:43 pm

You do not have reckonable residence on your own. As I said, you can use your parents’ reckonable residences before you reach 23 years old, but you must be able to prove that the period you stayed in Ireland was legal. The 7 months’ gap is not legal stay without a stamp, so it is my opinion that you should deduct it.

Vorona
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Ireland

Re: Missing stamp gaps

Post by Vorona » Wed Apr 14, 2021 3:44 pm

Lottie67 wrote:
Wed Apr 14, 2021 3:35 pm
So would you advise me to stay an extra seven months with my 5 years of residing in Ireland with reckonable residency? I know that a stamp 2 or 2A provides no reckonable residency. I will be applying as a dependent adult so I will be depending on my father's reckonable residency for the naturalisation application. The reckonable residency term confuses me since I have none as a stamp 2/2A holder.
Waiting seven months or whatever period needed to cover the time when you were not registered is a very good idea.
However it stills does not eliminate the fact that you've lived in the State illegally for a long period of time. And this is not a good thing for your application. What was you fathers original permission based on? Was he given a permission on humanitarian grounds? If that's the case, this can work in your favour, but even if he moved here for a different reason, for example he found a job, or married an Irish or an EU citizen, you will still have to explain why you did not register.

Provide a detailed explanation when applying. Ask your circle of friend and colleagues to write references on you to show that you are a good person. Give anything that can show that.

Lottie67
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Re: Missing stamp gaps

Post by Lottie67 » Wed Apr 14, 2021 4:42 pm

My father's original permission to enter the state was based on an employment permit contract in Ireland. The reason we didn't register me for a stamp as early as possible was that we weren't made aware of the fact that it was necessary. My dad asked the GNIB office in Claremorris if I needed to register for the GNIB stamp but they said no. It wasn't until my father's friend pointed it out around June/July that I did in fact need to get registered at 17 years of age. We thought it all depended on my father's visa to remain since we were here in a join parent visa. :(

littlerr
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Re: Missing stamp gaps

Post by littlerr » Wed Apr 14, 2021 5:07 pm

I don't think it's a hard and fast rule for dependents to get registered 'as soon as possible'. It's merely an administrative matter (provided that your father has always been registered with INIS). I can't see how it would 'affect' your application negatively.

Vorona
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Ireland

Re: Missing stamp gaps

Post by Vorona » Wed Apr 14, 2021 5:11 pm

If you believe that it was a GNIB fault rather than your father's or your own negligence then give this explanation. Most likely it will be pointed out to you that you're expected to take responsibility for immigration matters that concern you.

Anyway, give whatever explanation you have when applying. This gap will not go unnoticed.

avta
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Ireland

Re: Missing stamp gaps

Post by avta » Sun Apr 18, 2021 11:40 pm

Hey,
In case of "port of entry" - you have fixed time to register according to the entrance stamp. It's normally between 30-90 days. So this means the maximum allowable registration delay normally could be assumed to about 3 month.
You didn't have this writing requirements for a registration time window, it's only saying "when turned 16", but not mention for allowed time windows, that could be also assumed like any time before 17, this is just how to read it...

The registration of minors (16-18 years) is free of charge and this is parents obligation, not yours.

The child can't register himself and not responsible for this act.

Also the stamp they are issue (2A) is irrelevant for minors living in Ireland for a years, it is designed for foreign students just coming temporary to study, not living permanently with local family. This was only invented to overcome re-entry visas issue. This was also already pointed out by the children counsel to the EU commission more than 5 years ago, but government don't want to change anything about discrimination of children's. The other important topic is working on TY and holidays for this children. It is free to get dependant work permit, but you can't get while you are in school and can't work on 2A stamp. This is fully redicules stupid system with contradictions requirements.

I could only say, that while you under 18, this re-entry visas and registration is option for parents, because you are covered by parents permission as you are the minor child, who can't legally register himself or even be departed without parents.

BR.

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