Temporary Stamp While Seeking Work Permit?

Hi Guys, my fiancee and myself are currently pretty stressed out by all this visa stuff so I'll give a quick summary. I have some questions, if anyone could shed light on them and give some answers I would be extremely grateful.

So as a bit of background, my fiancee has been here the last 5 years. She completed a 4 year undergraduate degree and was granted a stamp 2 for a year of work.

That year ran out and she went to renew for another year (as per her immigration officer's words). But he said that she had to make a formal request to extend the visa with INIS. We are waiting to hear from them since mid-September 2018. So technically, she is here without a visa but is working to support herself while her application is pending. She is in the process of applying for a work permit too, but we don't know if or when she will receive that. So at the moment she is in limbo as to what her 'status' is.

In November just past, I asked her to marry me! We are going to Bahrain to get married this July. I'm an Irish citizen and have lived here my entire life, just today I applied for my Freedom To Marry certificate. So the plan is that I'm going to go over there, get legally married in court then return to Ireland together where she can get a Stamp 4 and we can live happily and not have to worry about visas/work permits anymore.

As she is Muslim (and I am converting), we culturally are not allowed live together until we are married. But I've travelled to Bahrain to be with her family, have tonnes of photos, hundreds of thousands of WhatsApp messages, the engagement ring etc, there are countless methods of proving the relationship is completely genuine.

So here are my questions:

1) Normally, if your visa runs out you should leave the country. But I've seen others saying if there is a pending application you can stay. Is this true? What would her 'status' be right now?

2) In the case there isn't a work permit issued, she will return to Bahrain in June and I will meet her there in July to get married, we will return to Ireland together. Does she need to get a visa in advance if I'm accompanying her with me as my legal spouse? If so what type?

3) Once we return to Ireland, how do I get her to stay with me? Do we follow the typical procedure to get a Stamp 4? Many people mention that once we are legally married there's nothing much that can be done to prevent us being together.

Sorry I know this is a lot of text, but any assistance at all would be absolutely brilliant. Thanks!

Bump if anyone can help?

Ok from a quick Google and I am assuming your fiancee is a Bahrani citizens, she is a Visa required national as such even if you are married she will need to apply for a join family Visa. This will allow her to enter the country and she then applies for an IRP once she arrives.
I can't answer about over staying the Visa unfortunately as I have had no experience with it

Hi guys.

My fiancee is currently residing here in Ireland, she is a non-eu (Bahraini) national who studied in Ireland for 4 years. She completed the one year student work visa which since expired, and she is currently going to apply for a work permit.

We are due to get married in her home country in July and are hoping to return to Ireland together, go to immigration together and for her to get a stamp 4.

One of the biggest worries I have is that she needs to get a return visa to come back here and in order to apply, she needs to have a valid stamp. Does anyone have experience getting a temporary residence stamp while attempting to get a work permit? I presume it's not like she will be thrown out of the state if she keeps trying to get an employment permit?

Any ideas or experience on this? I presume the fact that she has been living here for the last 5-6 years will only be a help, as it's not like I'm bringing an unknown person into the state.

You have another thread just beneath this one. Why open a new thread?

And why not applying for a 12-month extension for graduate scheme? Then you would have no problem at all once she has a new IRP and re-entry visa.

Alternatively, as you said, she is applying for a work permit now, and she’s currently residing in Ireland, so there should still be plenty of time between now and July for her to get the permit and re-entry visa?

If she leaves Ireland without a valid permit or re-entry visa (either Stamp 2 under graduate scheme, or Stamp 1 under work permit), she would have to apply for a work visa or a Join Spouse visa, both of which could take months, and you will have to provide a hell lot more documents than a straightforward re-entry visa.

And if she doesn’t have any permit or visa by the time you finish with your weddings, the immigration officer is going to be quite sceptical about your marriage - I would have asked why you married immediately after all her legal residence status expired? Why not before? Why not in Ireland where they could easily check your marriage? Sorry to sound a bit harsh but I hope you are prepared to answer these questions if you get questioned when you arrive in Ireland.

I've opened a new one because the circumstances have changed a bit. We got a letter back saying they cannot grant an extension, so a work permit is the only logical step in allowing her to be legally resident in the country.

The only thing is that it's very up-in-the-air as to if she will get the work permit as she is a couple thousand short of the 30,000 required, I'm not sure if they are strict on that.

But even if they don't approve of her application, I presume she can try again? I emailed the INIS about this, and they told me that they can give her a 4 month extension if she brings in her employment permit reference number to them. I'm just curious if anyone else has been in a similar circumstance. If she can keep trying to get a work permit, and they keep extending her temporary residence, then getting a re-entry visa should be okay right?

And yes, you're completely right, from reading it seems to be an absolute nightmare waiting around.. giving documentation etc. if she doesn't have a work permit or a re-entry visa.

Those questions are harsh but they're very valid. Her legal status expired in September 2018 and the wedding is in July 2019, within that time she has been actively applying (Extending her 1G and seeking a work permit) for ways of being legally resident in the state.

In terms of the integrity of the marriage this is thoroughly documented. I went to Bahrain in July 2018 to ask her parents for her hand, and we decided on an Islamic ceremony in Bahrain in July 2019. So this marriage was arranged well before her status expired. We don't want to get married in Ireland because a condition of the marriage is that I marry her in court in Bahrain in an Islamic wedding. One key advantage in doing so, means that our children are viewed as legitimate in Bahrain in the case we ever decide to move and live there.

karlrocks23 wrote: ↑

Mon Jan 14, 2019 12:06 am

If she can keep trying to get a work permit, and they keep extending her temporary residence, then getting a re-entry visa should be okay right?

She can get only 1 temporary extension. When such any request to INIS is initiated, a Person ID is created for this person (if it hasn't been created previously).
This Person ID gets associated with her GNIB / IRP number, which makes it a unique identifier in their system. Any temporary extension can be issued for only once per Person ID under the same condition.

Regarding the salary requirement for the work permit - I'm not sure how strict it is now, but back when I applied for it in 2013 (shortly before the online system was introduced), the salary requirement was very strict. 30K is a must-have for critical skills. The next year I think they announced some sort of jobs that have a lower requirement of 27K. I'm not sure if this is the case any more or how strict they are.

Based on what you mentioned in the other thread, I don't think you have been cohabiting, but if you do, and if you could prove that you two have a genuine and stable relationship for the last 2 years, and due to get married soon, you could apply for a De-Facto relationship for her. That will get her a Stamp 4 if it is approved. It takes 6 months to apply for this but it's free, so there's no harm trying that. I don't know if INIS would give her a temporary permission during this period.

Thank you for the reply that's very good info.

Perhaps we could try hold off as long as possible before we make the application for the extension. Like if we got the 4 month extension in May it would cover us until we got home?

I can only imagine the salary requirement is strict. The school conducted a labour market needs test but my fiancee got the job and is absolutely fantastic at it.

We have not been co-inhabiting.. But perhaps we could apply for that (knowing it will fail miserably) in order to get the temporary permission to allow her to legally be here so we can not get caught up in the documentation. Maybe I could email INIS and ask, but if we did this I would be afraid INIS would think we were trying to get extensions as opposed to submitting legitimate applications.

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