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spouse visa change 2 Student visa

Forum to discuss all things Blarney | Ireland immigration

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wen
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spouse visa change 2 Student visa

Post by wen » Mon Jul 02, 2007 12:42 pm

Hi All,
My Ex-wife holds spouse visa in Ireland at the moment, and it’s gonna be expired by end of year.
So is that possible / or easy to change her visa type back to student visa (she was holding a student visa for a couple of years); therefore, she would be able to complete her education (she’s on the third year of her four years degree course), and do some part-time job for her living?
Anyone with info, plz do give some advice.

Thanks in advance!
Wen

scrudu
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Post by scrudu » Mon Jul 02, 2007 2:46 pm

You really need to post a lot more info here to get a correct response! e.g. Nationalities, whether you are divorced or not, your residency status, how long you are living here, how long your ex was on spouse permit etc.

wen
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Post by wen » Mon Jul 02, 2007 3:14 pm

Thanks Scrudu’s in time reply,

We’re both Chinese nationalities, have been living in Ireland for the last 7 yrs. We married in February, 2006 and our marriage lasts for about 10 months (divorced in Dec 2006). She got her Spouse visa in last June (one year time until now, and is validate up to end of 2007 as my visa is expired that time). I’m on a working visa (stamp 4) in IT field at the moment.
Hope that’ll help …

walrusgumble
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Post by walrusgumble » Mon Jul 02, 2007 5:18 pm

where did ye marry and where did ye divorce (i assume not in ireland- is the divorce recognised by irish law?)

wen
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Post by wen » Mon Jul 02, 2007 5:25 pm

We married through Chinese Embassy in Ireland, and also got divorce through there.

The divorce would be recognized by a statement letter from our embassy.

scrudu
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Post by scrudu » Tue Jul 03, 2007 10:15 am

So prior to your marriage you were on a Work Visa (entered Ireland on this Visa in 2000), and your wife was on a Student Visa from 2000-2006? And then you married in Feb 2006 and your wife applied for a Spouse Visa which was issued in June 2006 (by who? DoJ?)? Did she leave the country to apply for this and apply through an Irish Embassy? What Stamp does she have in her passport? Is it also a Stamp 4 Residency Permit?

I'm not really sure how this will be handled. I didn't know that Spouses of non-Irish, non-EU citizens could apply for change of Visa Status for Residency on this basis of Marriage to another non-EU citizen from within Ireland.

Usually you have to leave the country to change your visa status. But I know there are some safeguards in place for marriages that break down to ensure that a person isn't forced to leave because of divorce. That said, I'm not sure whether they apply as your marriage was short in duration, and you are not an Irish or EU citizen. Have you applied for Long Term Residency in Ireland?

stmani
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Post by stmani » Tue Jul 03, 2007 11:42 am

yes, she can come back to status whatever it was before getting spousal work permit.

she will have get an admission in a college / university and bring the letter with bank statement to GNIB and it will be converted on the spot!!

wen
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Post by wen » Tue Jul 03, 2007 1:03 pm

stmani wrote:yes, she can come back to status whatever it was before getting spousal work permit.

she will have get an admission in a college / university and bring the letter with bank statement to GNIB and it will be converted on the spot!!
Thanks so much for bringing us one last hope....
we went to Immigration Office in dublin the other day, and was told the same story.
But, when I rang their Tel, I was told that she has to back to China to re-apply for Student Visa.

So, I wonder is there anyone came across the samilar case before? Should we do anything extra..
totally lost myself right now

scrudu
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Post by scrudu » Tue Jul 03, 2007 2:26 pm

stmani: Have you been through this situation yourself or where are you getting your information?

DoJ always say you need to leave the country and reapply to change a visa status. Student Visas are normally sent to Embassies, not to the DoJ directly.

stmani
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Post by stmani » Tue Jul 03, 2007 7:45 pm

no i never been through this kind of situation but i know that all status but only C-visas are extendable and transferable.....

students are allowed to change their visas to work permit while in the country and so can come back to study visa whenever they want. i changed mine from study visa to work permit and didnt have to leave the country and a friend of mine changed his work permit to study visa last year without leaving the country.......

scrudu
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Post by scrudu » Wed Jul 04, 2007 8:33 am

stmani: C Tourist visas are absolutely NOT extendable and transferable. I have first hand experience of this. At the end of your C-Tourist visa, you are not allowed extend or transfer to another visa type. I can point you to documentation on the DOJ website that also confirms this.

Glad to hear there are some situations where applicants can change their Visa Status from within the country. I am unsure whether this case will be similar though, as Wen's wife is remaining in the country on the basis of being the Spouse of a Work Visa Holder. Best advise would be to contact the Immigrant Council of Ireland for some advice. They've probably heard of similar situations before.

wen
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Post by wen » Wed Jul 04, 2007 8:49 am

Thanks very much for both of you...
Think.. I will go to Immigrant Council of Ireland for some more precise advice.

Dan01
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Post by Dan01 » Mon Jul 09, 2007 6:33 am

I hate conflicting information.

From movetoireland.com (Passports/Residency Registration section)

"The Immigration Officers, whether at the local Garda station or in the Harcourt Square Office, do have general discretion to extend visits for a time. You'll have to come up with a reason for the extension and proof that you can support yourself.

I've been told by Immigration Officers that it's fairly routine and easy to get one 90 day extension on a visitor visa, the so called C Visa. Getting a second or further 90 day extension is where it gets tough."

scrudu
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Post by scrudu » Mon Jul 09, 2007 9:00 am

Yes, conflicting Info is what the DoJ are about. Before my husband (then fiance) came to Ireland, we enquired at the Irish Embassy in Singapore & DoJ in Dublin about visa applications and subsequent extensions. We were informed he should apply for a Tourist Visa to enter, which could be extended upon arrival. This turned out NOT to be the case. The GNIB would not extend a Tourist Visa to someone from a "Visa-Required" country as the DoJ insist that they do not do so. We had to make an application to the DoJ who also refused, quoting the info on their website which says
Visa Required nationals who enter the State on foot of a C Visit Visa cannot have their permission to remain in the State extended. They must leave and reapply from outside the State should they wish to return. see current info http://www.inis.gov.ie/en/INIS/Pages/WP07000168
We appealed this decision which was also refused on the grounds. In the end, he had to leave the country, and reapply for a new Tourist Visa to re-enter.

Dan01
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Post by Dan01 » Tue Jul 10, 2007 3:35 am

Hmm. I wonder if I (Canadian citizen) could get an extension for an additional 90 days?

The alternative isn't appealing. I'd have to go to the UK or something and wait however long for a new tourist visa (usually takes 6-8 weeks I think).

scrudu
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Post by scrudu » Tue Jul 10, 2007 8:16 am

Canada is not on the "Visa Required List" http://www.dfa.ie/home/index.aspx?id=8777#non%20visa so you do not need a visa to enter Ireland. If you wish to on stay longer in Ireland, you can apply directly to the GNIB.

Dan01
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Post by Dan01 » Tue Jul 10, 2007 9:07 pm

Right. I guess what confuses me is that conflicting info. Perhaps the bit about not being able to extend refers to those from Visa-required countries. Even then, a single 90 day extension seems like the most I could expect.

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