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Spouse of Irish National Stamp 4 Application - Help!

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Waitingonstamp4
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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Thu Jan 24, 2019 1:51 pm

@Thehungrysoldier

I am in a similar situation waiting for my spouse of an Irish national application to be processed.

I’ve had my application submitted since the end of June 2018 and I’ve still not heard anything back other than a letter with my reference number and original documentation.

Three important things for you to note:

1. The processing time for applications is over 12 months now.
2. You will not be granted a temporary stamp 4.
3. Be careful about leaving the country mid application. It is at the discretion of the immigration officer to let you back in to the country.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 1:58 pm

Waitingonstamp4 wrote:
Thu Jan 24, 2019 1:51 pm
@Thehungrysoldier

I am in a similar situation waiting for my spouse of an Irish national application to be processed.

I’ve had my application submitted since the end of June 2018 and I’ve still not heard anything back other than a letter with my reference number and original documentation.

Three important things for you to note:

1. The processing time for applications is over 12 months now.
2. You will not be granted a temporary stamp 4.
3. Be careful about leaving the country mid application. It is at the discretion of the immigration officer to let you back in to the country.
Hi, thanks for the response! Is your spouse legally in the country? I don't mind about temp Stamp 4 because my husband will get a 2 year graduate visa after his Masters'. It is annoying how long it'll take.

How long did it take you to get your original documentation back, if I may ask?

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Thu Jan 24, 2019 2:04 pm

Hiya. Yes he was here legally - in fact he is from the US so he doesn’t even need a visa.

I’d also be cautious about your spouse getting a two year stamp 2. Whenever my husband’s stamp was up in October and we went back to GNIB they refused to renew it because of our pending SOIN application.

I think it was about 4-5 weeks after we mailed the application that we got our letter and original documentation back.

If you do end up getting anything different in your letter regarding Stamps could you please let me know?

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 4:16 pm

Waitingonstamp4 wrote:
Thu Jan 24, 2019 2:04 pm
Hiya. Yes he was here legally - in fact he is from the US so he doesn’t even need a visa.

I’d also be cautious about your spouse getting a two year stamp 2. Whenever my husband’s stamp was up in October and we went back to GNIB they refused to renew it because of our pending SOIN application.

I think it was about 4-5 weeks after we mailed the application that we got our letter and original documentation back.

If you do end up getting anything different in your letter regarding Stamps could you please let me know?
That's annoying - what reason did they give for his rejection, if I may ask?

I will let you know! We are planning on sending ours in next week.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 4:17 pm

Rejection as in - Refusal at GNIB

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 4:25 pm

Oh, by the way, I read someone on here got their SOIN application done in 9 months and her husband wasn't here legally. So I guess yours shouldn't be too long!

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 4:44 pm

Also, sorry for the question again - I don't get why they wouldn't renew his stay - if he was on a Stamp 2, isn't he just automatically allowed a stamp 1G for 2 years immediately after? (assuming he did a Masters) When I went to GNIB the second time around, I specifically asked them if the application would affect him being able to work or stay in the country, and they said no, he'd get his Stamp 1G whenever his Masters ends.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Thu Jan 24, 2019 4:51 pm

The grounds for as to why they rejected us wasn’t really clear.
My husband was married once before so it could have been that. Perhaps even because we are a gay couple but I’m really not sure.

Well actually perhaps he will get his Stamp then after his masters. My husband was a different case. He was on a stamp 3 which entitled him to remain in the country but not work.

That’s good news to hear about the 9 months - gives me a little hope! I was reading On this forum that it took somebody 17 months to get theirs!!

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by max307 » Thu Jan 24, 2019 5:18 pm

Waitingonstamp4 wrote:
Thu Jan 24, 2019 4:51 pm
The grounds for as to why they rejected us wasn’t really clear.
My husband was married once before so it could have been that. Perhaps even because we are a gay couple but I’m really not sure.

Well actually perhaps he will get his Stamp then after his masters. My husband was a different case. He was on a stamp 3 which entitled him to remain in the country but not work.

That’s good news to hear about the 9 months - gives me a little hope! I was reading On this forum that it took somebody 17 months to get theirs!!
I wouldn't say that the fact that you are gay will affect at all.

The fact that he was previously married for sure will cause some suspicious on any immigration officer, I know it's wrong but we have to deal with that.
I am not a lawyer or immigration counselor, all views expressed are my own, my comments do not constitute legal advice.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Thu Jan 24, 2019 5:19 pm

Yep, he should get his 1G, but I don't think you'll have to wait that long anyway. Keep me updated, and all the very best!! I feel like we're all on the same team with this stuff :D

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Thu Jan 24, 2019 9:03 pm

Hey out of interest what date did this person submit their application that got their letter after 9 months?

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Fri Jan 25, 2019 8:42 am

Waitingonstamp4 wrote:
Thu Jan 24, 2019 9:03 pm
Hey out of interest what date did this person submit their application that got their letter after 9 months?
I'm not 100% sure, but I think it was last year? It was definitely within the last couple of years anyway. You should be able to look it up on here, it was a lady whose husband was an asylum seeker.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Zoot7 » Fri Jan 25, 2019 4:59 pm

My wife (who's non-EU) came into the country on a work visa shortly after we got married in her home country. We had been long distance for almost two years prior, we never lived together before.

Just two days after she arrived we went to the immigration officier to regisiter her for Stamp 4.

Typically she would have got Stamp 1 instead, but we made use of the loop-hole whereby if you're the spouse of an Irish citizen and you enter the country on any D visa (doesn't have to be a Join-Spouse visa), you can get the stamp 4 within the 90 day period that's granted to you upon arrival at the airport.

If anyone was gaming the system it was us - the normal method would have been for her to get a Join Spouse visa instead. However, the Work visa was quicker to be approved and much easier to get plus we didn't have to prove our relationship to anyone at any point.

Regardless of this gaming the system, she got the Stamp 4 just fine with no nasty questions or anything like that.

Which is why I find this case strange, if he was on Stamp 2, it should be easy to transfer to Stamp 4.

That's covered here:
http://inis.gov.ie/en/INIS/Pages/WP07000024
INIS Website wrote:A. If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain in the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration office with the following documentation:
  • Your original marriage/civil partnership certificate
    Your original passport
    Your Irish spouse’s/civil partner’s original passport
    Evidence of your joint address
The alternative basis should include Stamp 2. I'd suggest arguing your point citing that rule, with a print-out of that page.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Fri Jan 25, 2019 5:08 pm

Zoot7 wrote:
Fri Jan 25, 2019 4:59 pm
My wife (who's non-EU) came into the country on a work visa after we got married in her home country. Two days after she arrived we went to the immigration officier to regisiter her for Stamp 4.

Typically she would have got Stamp 1 instead, but we made use of the loop-hole whereby if you're the spouse of an Irish citizen and you enter the country on any D visa (doesn't have to be a Join-Spouse visa), you can get the stamp 4 within the 90 day period.

If anyone was gaming the system it was us - the normal method would have been for her to get a Join Spouse visa instead. However, the Work visa was quicker to be approved and much easier to get plus we didn't have to prove our relationship to anyone at any point.

Regardless of this gaming the system, she got the Stamp 4 just fine with no nasty questions or anything like that.

Which is why I find this case strange, if he was on Stamp 2, it should be easy to transfer to Stamp 4.

That's covered here:
http://inis.gov.ie/en/INIS/Pages/WP07000024
INIS Website wrote:A. If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain in the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration office with the following documentation:
  • Your original marriage/civil partnership certificate
    Your original passport
    Your Irish spouse’s/civil partner’s original passport
    Evidence of your joint address
The alternative basis should include Stamp 2. I'd suggest arguing your point citing that rule, with a print-out of that page.
We brought this documentation to GNIB the second time. I think the first time, the person who saw us at appointment screwed us over. He never told us there was a reason for refusal, he only told us that they don't do the transfer to Stamp 4, and irrespective of what visa he comes in, we need to write to DOJ to change the stamp.

Second time we went, waited at the query desk, talked to a supervisor as well, they said this person had written some notes about us about why he refused us the first time. My husband basically came into the country on a stamp 2 in September, and we got married in October. We have never lived together at this stage. According to the first guy, it looks like we deliberately cheated the system by getting him a stamp 2 (which is apparently easier than a join spouse/de facto visa) to get married and not to study. Which is ridiculous, because he paid 16,000€ in fees, and it took him almost half a year to apply for his Masters, which is the same time it would have taken for a join spouse visa. They basically stated that long distance relationships don't count in their eyes, and that it would have been better if he came here for 1/2 years first before we got married, which I don't understand how they are allowed to judge when we can get married or not but whatever.

I am ready to send in the application this week.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Zoot7 » Fri Jan 25, 2019 5:48 pm

Sounds like you've just got seriously unlucky. :(

Maybe there's something buried about being on Stamp 2 in the policy guidelines.

You might have been better off you never mentioned anything about "Long Distance" at all.

You could try getting a TD to argue your case, but I don't know how much luck you'd have there.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Subziro » Sat Feb 09, 2019 2:19 am

Hi,
I have applied for join irish spouse 5 months ago (still waiting) I had the same issue I was refered from a immigration officer to go through the long route without asking me or my wife about any history of our relationship.
I am just wondering what is the temp stamp 4 since I am waiting 5 months now.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Wed Feb 20, 2019 2:57 pm

I have the feeling they used to issue temporary stamps while people were waiting for their applications to be processed but I don't think they issue them anymore.

I have been waiting 7.5 months and when I emailed asking if it were possible they said no. :(

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Wed Mar 13, 2019 8:29 pm

Hi all! My husband received his temporary stamp 4 today, after about a month of the application going in! Does anyone know what a temporary stamp 4 is? I don’t really understand

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Waitingonstamp4 » Wed Mar 13, 2019 9:49 pm

Congratulations! I’m not too sure about the process of getting it.

If you don’t mind me asking - what did it say in the letter that you received from SOIN?

When myself and my husband applied over 8 months ago the only thing the letter said was the he had permission to remain in the state but said nothing about getting a temporary stamp 4.

Any info would be greatly appreciated.

We’re really struggling with all of this at the moment.

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Re: Spouse of Irish National Stamp 4 Application - Help!

Post by Thehungrysoldier » Wed Mar 13, 2019 10:28 pm

Waitingonstamp4 wrote:
Wed Mar 13, 2019 9:49 pm
Congratulations! I’m not too sure about the process of getting it.

If you don’t mind me asking - what did it say in the letter that you received from SOIN?

When myself and my husband applied over 8 months ago the only thing the letter said was the he had permission to remain in the state but said nothing about getting a temporary stamp 4.

Any info would be greatly appreciated.

We’re really struggling with all of this at the moment.
The letter basically states he has temporary permission to remain in the state on stamp 4 conditions for 12 months And that we have to go to GNIB. If GNIB is happy, we get a Certificate of Registration, and that along with the letter giving us temporary permission, will show what stamp we get. I’m not even sure if this letter is just the letter confirming his permanent stamp 4, or if it’s temporary. I’ll have to see at GNIB. I believe the decision is made because they returned all of our documents.

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