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Will my Irish spouse visa be refused?

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United States of America

Will my Irish spouse visa be refused?

Post by Monicad1994 » Thu Mar 14, 2019 8:57 pm

Hello, sorry for a lengthy description here! I’m an American and I lived in Ireland on a working holiday. Towards the end of my WHA I applied for a general employment permit (went in person to GNIB offices and was told I could apply from within the country, turns out I could not). I applied in the three month time frame stated and had no answer. My company contacted a solicitor who advised I could continue living and working as I had proof I submitted the application when I was meant to.

Just over one month after my WHA expired I went on vacation back to the U.S. When returning I explained and was told at passport control I was given the wrong legal advice and I’d been residing illegally. They allowed me one month (standard is 3 for American). I immediately ceased working and left the country to apply again. My permit was refused (salary not high enough) and I returned for my things then went to Belfast. After another trip to America I flew into Dublin but had a flight to go to Manchester. The passport control again allowed me one month and said to get stamps showing I left, which England does not do from Ireland, and neither did the airport in Belfast after that. I went to Spain and got a 6 month stamp when returning to Belfast.

Now the most recent time I went to Belfast I was refused entry and sent back to most recent port (Paris) without even being allowed to collect my things. The reasons stated were basically that they felt I was using Belfast because I “would not be acceptable to return to Ireland due to lack of visa”. I don’t think this is true, but that is what is said in the notice of why I was refused entry. My boyfriend and I have been discussing marriage since my WHA expired, I am just wondering a few things:
1. Will the Irish passport control request a copy of the refusal letter?
2. If so, will it mean I am not allowed to come to Ireland on a spouse visa? We plan to marry about 2 months after the refusal, is it better to wait longer?

Thank you for any help, sorry for the confusing story!

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Re: Will my Irish spouse visa be refused?

Post by fbarry » Fri Mar 15, 2019 3:09 pm

Hi there,

I am in exactly the same position as you!

I am on a Canadian passport on a WHA - applied for my Critical Skills permit in November 2018, it got declined on the basis of this new amendment to the law on WHA.

I have been to GNIB for an extension, which they refused and told me to leave. I have 3 weeks left in the country, my company, and me, and my Irish boyfriend all out of our minds with stress about what will happen to me now.

I'd love to chat to you about our similar situations and possible solutions - please get in touch - email address removed by moderator.

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