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Permission to remain

Forum to discuss all things Blarney | Ireland immigration

Moderators: Casa, archigabe, CR001, push, JAJ, ca.funke, Amber, zimba, vinny, Obie, EUsmileWEallsmile, batleykhan, meself2, geriatrix, John, ChetanOjha, Administrator

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Mavs33
Newly Registered
Posts: 3
Joined: Thu Aug 31, 2023 3:26 pm
Ireland

Permission to remain

Post by Mavs33 » Thu Aug 31, 2023 3:34 pm

Hello,

I would like some advise if possible, I am an Irish citizen and I have married a Nigerian citizen that is currently studying and living in the UK. My husband has entered Ireland on a short stay C visa is it possible for us to go to immigration and register permission for him to remain in the state on the basis of our marriage?
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meself2
Moderator
Posts: 3727
Joined: Mon Sep 06, 2021 5:10 pm
Ireland

Re: Permission to remain

Post by meself2 » Thu Aug 31, 2023 3:39 pm

Yes, but because he didn't go through the expected process (he was supposed to get a visa to join spouse from UK), it'll take a while and he might not be able to work in the meantime.
https://www.irishimmigration.ie/my-situ ... al-scheme/
You may be eligible to apply to Spouse of Irish National Unit, Immigration Service Delivery (address below) directly if you:

Have no current permission to be in the State, or

Have entered on the incorrect visa (‘C’ visa)
Your application must be submitted in writing to Immigration Service Delivery. You must complete the Spouse/Civil Partner of an Irish National application form and submit it by registered post, with all the required original documentation to the following address:

Spouse of Irish National Section
Unit C – Domestic Residence and Permissions Division
Immigration Service Delivery
Department of Justice
13-14 Burgh Quay
Dublin 2
DO2 XK70
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.
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Mavs33
Newly Registered
Posts: 3
Joined: Thu Aug 31, 2023 3:26 pm
Ireland

Re: Permission to remain

Post by Mavs33 » Thu Aug 31, 2023 3:46 pm

Thank you for the quick reply.

I knew the visa was wrong (as short stay was the initial plan) so wasn't sure if he would need to leave and reapply for the long stay visa or if possible to start the process while he is here on the incorrect visa.
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Maldini
Newly Registered
Posts: 6
Joined: Sun Oct 01, 2023 8:08 pm
Mood:
Ireland

Re: Permission to remain

Post by Maldini » Sun Oct 01, 2023 8:21 pm

Hi Mav!
I'm currently in the same boat as yourself. My wife is in Ireland on a tourist C visa. I was hoping we could apply for permission for her to stay but it seems very confusing to me whether we can do that or not.
Did you get to apply?

Thanks
Mal
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Angel99
Senior Member
Posts: 503
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Permission to remain

Post by Angel99 » Mon Oct 02, 2023 8:55 am

Maldini wrote: ↑
Sun Oct 01, 2023 8:21 pm
 Hi Mav!
I'm currently in the same boat as yourself. My wife is in Ireland on a tourist C visa. I was hoping we could apply for permission for her to stay but it seems very confusing to me whether we can do that or not.
Did you get to apply?

Thanks
Mal
It is possible for your spouse to remain in the state even if your spouse came with a wrong visa type so far as the person is married to an Irish or EU citizen. Go by the above advise given by Meself2.

Note;

The Irish national must earn €40,000 in the last 3 years over and above any State benefits.
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Maldini
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Posts: 6
Joined: Sun Oct 01, 2023 8:08 pm
Mood:
Ireland

Re: Permission to remain

Post by Maldini » Mon Oct 02, 2023 9:14 am

Thank you Angel99.

That's great to know. I contacted Immigration via email, they told me she can't change her permission if she's on a tourist visa. But I have heard of plenty of people doing it as you said.
I just wonder why immigration told me I can't do it. Maybe the person was clueless.
Thanks again Angel99
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Maldini
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Posts: 6
Joined: Sun Oct 01, 2023 8:08 pm
Mood:
Ireland

Re: Permission to remain

Post by Maldini » Mon Oct 02, 2023 1:40 pm

Angel99 wrote: ↑
Mon Oct 02, 2023 8:55 am
The Irish national must earn €40,000 in the last 3 years over and above any State benefits.
Hi again Angel,
Quick question regarding the 40k. Does that mean you earned over 40k cumulatively or you earned 40k per year?
Thank you so much
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Angel99
Senior Member
Posts: 503
Joined: Tue Aug 01, 2023 7:04 pm
Ireland

Re: Permission to remain

Post by Angel99 » Mon Oct 02, 2023 4:00 pm

Maldini wrote: ↑
Mon Oct 02, 2023 1:40 pm
Angel99 wrote: ↑
Mon Oct 02, 2023 8:55 am
The Irish national must earn €40,000 in the last 3 years over and above any State benefits.
Hi again Angel,
Quick question regarding the 40k. Does that mean you earned over 40k cumulatively or you earned 40k per year?
Thank you so much
You earned 40k within 3 years. This means you can earn 20k this year. Nothing next year then the 3rd year you earn another 20k. Or you earn in bits which amount to 40k in atleast a 3 year span. *The 40k is not yearly.

Excluding welfare/unemployment income.
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Maldini
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Posts: 6
Joined: Sun Oct 01, 2023 8:08 pm
Mood:
Ireland

Re: Permission to remain

Post by Maldini » Mon Oct 02, 2023 4:21 pm

Thank you angel!
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