Chances of success regards to permission to remain?

Hi all, just curious have you heard of any success stories where undocumented people applied to minister to remain in Ireland and their application was successful? I missed that student scheme by a year and a half since I came to Ireland on a student Visa in August 2012. I tick a lot of other boxes- masters degree, good employment prospects, taxes paid etc. So I am still thinking of getting help from solicitor and applying for permission to remain in Ireland. I am also in a relationship with EU national but I haven't thought about EU treaty rights yet. Any advise or suggestion would be of great help. Thanks in advance.

Read a case few year back where Minster of Justice used his power to grant non EU person stamp 4 but he was in a country illegally from more then 20 year. So it's up to u if u want to wait 20 years then definitely u get stamp 4 but best thing if u stay in loop never know when u ill have lucky day.

oldboy0611 wrote: ↑

Wed Jun 26, 2019 2:16 pm

Hi all, just curious have you heard of any success stories where undocumented people applied to minister to remain in Ireland and their application was successful? I missed that student scheme by a year and a half since I came to Ireland on a student Visa in August 2012. I tick a lot of other boxes- masters degree, good employment prospects, taxes paid etc. So I am still thinking of getting help from solicitor and applying for permission to remain in Ireland. I am also in a relationship with EU national but I haven't thought about EU treaty rights yet. Any advise or suggestion would be of great help. Thanks in advance.

I believe that the EU treaty rights may be the best option.

oldboy0611 wrote: ↑

Wed Jun 26, 2019 2:16 pm

Hi all, just curious have you heard of any success stories where undocumented people applied to minister to remain in Ireland and their application was successful? I missed that student scheme by a year and a half since I came to Ireland on a student Visa in August 2012. I tick a lot of other boxes- masters degree, good employment prospects, taxes paid etc. So I am still thinking of getting help from solicitor and applying for permission to remain in Ireland. I am also in a relationship with EU national but I haven't thought about EU treaty rights yet. Any advise or suggestion would be of great help. Thanks in advance.

If you fulfill the criteria then surely go for EU treaty rights as there is a clear process / law INIS have to follow.

Being in a Permission to remain (section 3) application is like being in a recycle bin of immigration, there is nothing compelling the minister to give you the permission. It is totally up to him / her. Plus there is no timeline. There is no motivation (other than to deport) for the officers to open your application. You'd be waiting for 4 years without hearing anything and having no permission to work. You'd have no right to request your application to be heard and at best the chances are 50%.
In their 2018-2020 plan INIS have declared they will moderate the threshold of granting the permission to remain i.e. they will not give it as frequently as they used to do before.
As for successful cases, yes I have heard several people who entered through UK (illegally), applied asylum, got refused and then were granted section 3 application approval (stamp 4). I have also heard at least one person who came to Ireland as student in 2009, getting his EUTR permission revoked and then granted the section 3 application (stamp 1). I have heard people getting this after 4 and even 9 years wait.

On the negative side, one person waited 2 years, forwarded a note from GP to INIS that the wait is affecting his health, then within 2-3 months INIS opened his application and refused it and issued deportation orders.

I hope you (or anyone else) don't have to go through this application but if you do then you have to make sure you have resources (financial + moral + mental) to keep you going for potentially up to 4 years feeling like an outcast.

Scary stuff! Time is valuable and I just dont think I will be able to wait that long without working. Just not good for mental health. Even waiting for 6 months seems long. I can take leave from my current job but not for more than a year. If I marry my girlfriend do I have to go back to my country to marry her and then return to Ireland? Or is it still possible for registerar to issue us with a marriage certificate? I read that after all these sham marriages registrars wont give marriage permission to undocumented people. Mine wont be a sham marriage. Relationship is genuine and I'll prove it but I have read registrars have become very strict when it comes to undocumented people getting married.

If you cannot get married to her, then maybe an application for de facto partner will be possible for you?

White_Pearl wrote: ↑

Sat Jun 29, 2019 7:13 am

If you cannot get married to her, then maybe an application for de facto partner will be possible for you?

Unfortunately that wont be possible man because we don't live together. And we have been together for a year. For de facto I think it has be more than that.

If i am not wrong, de facto partnership was recently changed from 2 year to 1 year

White_Pearl wrote: ↑

Sat Jun 29, 2019 9:13 am

If i am not wrong, de facto partnership was recently changed from 2 year to 1 year

It still says 2 years.

http://www.inis.gov.ie/en/INIS/Pages/De ... ationships

DFPIP may be granted to both opposite and same sex partners who have been together in a relationship similar to marriage or civil partnership, have been living together for at least two years and have a mutual commitment to a shared life together to the exclusion of all others.

White_Pearl wrote: ↑

Sat Jun 29, 2019 9:13 am

If i am not wrong, de facto partnership was recently changed from 2 year to 1 year

Sorry, discard the above message.... don’t want to confuse anyone.

It’s indeed still 2 years

The High Court has stated that durable relationship does not necessarily mean a relationship of cohabitation. The minister was recently criticized for requiring evidence of cohabitation. I believe I cited that case in the sticky topic.