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Long Term Visa D Application Within The State

Forum to discuss all things Blarney | Ireland immigration

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cojie
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Ireland

Long Term Visa D Application Within The State

Post by cojie » Wed Aug 03, 2022 8:39 pm

Hi everyone,

My soon to be wife and I have been in a long distance relationship for a decade and finally are in a position to apply to be together in Ireland.

As an Irish national living in Ireland all my life, I hope to bring my new (non-EEA, Visa required) spouse to Ireland on a short term C Visa. While in Ireland on this C Visa we hope we can apply for a D Visa so my partner can be with me as we wait the 6-12 months for the decision to be made.
Do the INIS consider D Visa applications for Visa required nationals who are in the state on a short term C Visa?

meself2
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Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by meself2 » Wed Aug 03, 2022 8:47 pm

https://www.irishimmigration.ie/my-situ ... al-scheme/
You may be eligible to apply to Spouse of Irish National Unit, Immigration Service Delivery (address below) directly if you:

Have no current permission to be in the State, or

Have entered on the incorrect visa (‘C’ visa), or

Have been refused registration at your local Immigration Office
To qualify for this consideration:

You must be at least 18 years of age at the time of making an application, and

You are married to, or in a civil partnership with, an Irish national, and

Your marriage/civil partnership was freely entered into by both parties, conducted in a lawful manner and recognised under Irish law, and

You are residing in the same household as the Irish national as a family unit, and

The Irish national and you intend to continuously reside together in the State, and

The Irish national earned €40,000 in the last 3 years over and above any State benefits, and

You are of good character and have not come to the adverse attention of An Garda Siochana (Irish Police), or have not become an undue burden on the State.

You must meet all of the above criteria in order to be granted permission to remain as the spouse/civil partner of an Irish national.
I would not advise to do it that way since it might be looked upon with suspicion, but they seem to allow the change.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

cojie
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Posts: 5
Joined: Wed Aug 03, 2022 8:33 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by cojie » Wed Aug 03, 2022 10:00 pm

Thanks for your input, the whole thing seems unclear to me and worries me that we might have to wait longer than anticipated for my partner to join me.

I would be very interested to hear from somebody who may have chosen to apply for a D while on a C Visa. Looking for as much input as possible to find a consensus of opinion on the issue.

I saw this info too listed on the official Non-EEA policy document:

https://www.irishimmigration.ie/wp-cont ... cation.pdf

"the general policy should be to
refuse to accept applications from within the State except in cases
where there are special humanitarian circumstances. It may also be
appropriate to operate a higher fee for in-country applications. These
provisions relate to family reunification applications only"

littlerr
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China

Re: Long Term Visa D Application Within The State

Post by littlerr » Thu Aug 04, 2022 10:34 am

You are mixing visas with residency permissions.

Visas serve no other purposes than entering the state. You cannot apply for an entry visa whilst in the state because you are already in.

Type D visa is a prerequisite to apply for residency in the state for most of non-EU nationals. I.E. if you want to live in Ireland, you should apply for Type D. If you just want to visit Ireland for a few weeks, you apply for Type C.

Usually Type C visa holders cannot apply for residency but there are exceptions, as meself2 mentioned above.

cojie
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Posts: 5
Joined: Wed Aug 03, 2022 8:33 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by cojie » Thu Aug 04, 2022 8:58 pm

So if my spouse came to Ireland on a C Visa, during her visit could we apply for a D Visa to the "apply to Spouse of Irish National Unit". What happens when her 3 month C Visa comes to an end and then she stays here while awaiting the decision thus overstaying the C Visa?

meself2
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Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by meself2 » Thu Aug 04, 2022 9:34 pm

cojie wrote:
Thu Aug 04, 2022 8:58 pm
So if my spouse came to Ireland on a C Visa, during her visit could we apply for a D Visa to the "apply to Spouse of Irish National Unit". What happens when her 3 month C Visa comes to an end and then she stays here while awaiting the decision thus overstaying the C Visa?
why would you need to apply for a "D" visa? I'm confused
you should either apply for a D visa from the home country -> come to Ireland -> get an IRP straight away with a D visa
or apply for a C visa - come to Ireland - apply for permission to stay in the country as SOIN - when received, apply for IRP
the first option is preferable
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

cojie
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Posts: 5
Joined: Wed Aug 03, 2022 8:33 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by cojie » Thu Aug 04, 2022 10:25 pm

My spouse, the non-EEA Visa required national, will only be eligible for residency when I meet the financial requirements late next year. We wanted to apply for the D Visa during her holiday here, hoping she would not need to go home as applying for a D Visa late next year will result in a further wait for her to arrive here. Was hoping it was do-able for a non resident Visa required National to be legally be able to apply for a long term D residency Visa while in Ireland on a C Visa without having to return home while the process was in motion.
We don't want to rock the boat by breaking rules before she has full residency.

cojie
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Ireland

Re: Long Term Visa D Application Within The State

Post by cojie » Thu Aug 04, 2022 10:26 pm

And by the way, thanks for taking the time to converse with me on this issue.

meself2
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Ireland

Re: Long Term Visa D Application Within The State

Post by meself2 » Thu Aug 04, 2022 10:32 pm

if you want her to have D visa, what would be the reason for her to get the D visa? What's your alleged flow of events? She comes on a C visa (that she gets as a tourist), gets D visa (as a spouse) and leaves?
She can only stay in the country for long if there's a reason for it (in your case, spouse of an Irish national) and since she's planning to stay in the country for longer than 90 days, she would need to apply for an IRP card as a SOIN and that's where financial requirements come into play again.
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

meself2
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Posts: 3251
Joined: Mon Sep 06, 2021 4:10 pm
Ireland

Re: Long Term Visa D Application Within The State

Post by meself2 » Thu Aug 04, 2022 10:46 pm

How I think you need to do is:
- she gets a D visa
- wait until she arrives in Ireland
- book a registration office slot
- attend registration
- wait for the IRP card to arrive/collect it
- you're all set

https://www.citizensinformation.ie/en/m ... eland.html
D’ or long stay visa holders
If you have recently come to Ireland on a ‘D’ (long stay) visa, or you are a citizen of a country that does not require an entry visa (non-visa required), you can register with ISD without making a written application in advance. This could be because you are:

Joining a family member who is has international protection in Ireland (family reunification)
Joining or moving to Ireland with your Irish spouse or family member
if between the time of the appointment/awaiting delivery of IRP card her D visa will expire, that's fine; it's not her fault everything is slow in Ireland. you can show she made an appointment/submitted documents
Not a qualified immigration adviser. Use links and references given to gain confirmation and/or extra information.

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