Please give your candid opinion!

There is someone I know who came in with a visitor's visa over 1 year ago and has overstayed with a view to working out a way to stay here in Ireland in some shape, manner or form . This person has sought my opinion in confidence as to how to become a documented / legal resident and I have given the following advise in response to the ideas the person shared with me (not that I am an immigration lawyer or close to one). The following are the ideas the person has;
1. To get married to someone who has a legal stay in Ireland.
Though I'm not sure but I told the person that the court will require that they file an application and that both of them should be legally resident in Ireland
2.This person has also considered seeking asylum, but I submitted that since the person came in with a visa and had the finger print taken, there is actually not a chance of that as well.

3.This person has also considered engaging the services of a lawyer, but I'll like to believe that lawyers will / might say that she's abused the terms of the visa and thereby expose the person.

People I want to throw this open to those who know more than myself as I know next to nothing about immigration law and do not want to appear as a kill joy to this person.

Many thanks folks

It sounds like this is the kind of person that the dept of Justice would most like to deport.

I do not know this person's nationality but you are probably aware that there is a big marriage scam going on between east european eu state members and non europeans. The Dept of Justice are on the lookout for cases like this. Marriage does not give an automatic right to residency. There have been several cases where nigerian men were deported after geting married to their pregnant Irish partners.

As far as asylum seeking is concerned it is obviously not genuine if they are only doing it now. The department of Justice are not stupid and will be well able to spot any lies. It is not just a simple matter of inventing a good story. They will look for evidence.

Maybe your friend would fare better with some other country

An asylum application will be refused and he would be deported with haste.

Sham marriages are one of the main reasons the Irish Immigration Authorities impose strict conditions on genuine families and advising your friend to do this is not only illegal but completely immoral and if you did so, you should be ashamed of yourself. Not to mention, foreign marriages are watched under the magnifying glass now and it is likely an application would be refused. I married my husband in August and we are a genuine couple and have been in a relationship over 3 years before marriage and an immigration officer showed up to our wedding, so it is a huge possibility that one would show up to a wedding organised by your friend (if he does so).

The only option is for your friend to return to his home country and to apply for a work permit/visa. This will only work if he is highly skilled or has job prospects of earning over €30,000.

If he has any EU national family members, that may be an option too.

Or if he has an Irish citizen child.

Now @ Monife,
I was so miffed when I read the part of your comment asking that I should be ashamed of myself for advising my friend to engage in a sham marriage! It is either that you did not read the post well or that you have some issues understanding the very simply english wordings I used?
The post was simply a summary of the 3 options brought to me by this friend of mine and my responses. I equally stated in clear terms that I am no immigration lawyer or even close to one.
Where for crying out loud did you read that I asked or even suggested that this friend of mine should do such?
Because the immigration people showed up at your wedding, should the world then stop rotating ? Does that qualify you to ask people who you do not know to be ashamed.
It is not in my nature to join issues with people who just want to rant and rave for reasons best known to themselves on this site.
And please in future, I'll very much appreciate it if you can keep quiet if you have nothing meaningful to contribute!!!
A bit of decorum and common sense will go a long way especially in a public forum like this!
And for the records, don't even begin to think that your opinions matter.... because they don't!

Toluwanile wrote: 1. To get married to someone who has a legal stay in Ireland.
Though I'm not sure but I told the person that the court will require that they file an application and that both of them should be legally resident in Ireland

You obviously advised him on the matter seeing as you informed him that he would need to make an application.

Toluwanile wrote:Because the immigration people showed up at your wedding, should the world then stop rotating ?

Did I say the world rotated around me? No. I was only merely pointing out an example that if an immigration officer was to show up to a bona fide wedding, then they more than likely will show up to a sham wedding.

Toluwanile wrote:And please in future, I'll very much appreciate it if you can keep quiet if you have nothing meaningful to contribute!!!
A bit of decorum and common sense will go a long way especially in a public forum like this!

If you had spent as much time on the forum as I have contributing meaningfully to peoples immigration problems, then you might be in your right to make such a statement. I have contributed valuable advice to this forum so I am going to ignore that comment.

You clearly did not read my post correctly. I outlined all the options your friend had, how is that not contributing meaningfully?

Please refrain from posting in an erratic state. It only makes you look like an idiot.

A sage indeed! You certainly don't merit being called a sage or come close to one @ all.
I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time!
Nuff said!

Toluwanile wrote:A sage indeed! You certainly don't merit being called a sage or come close to one @ all.

Before you make that assumption, you should read through some of my previous posts.

Besides Toluwanile, you asked for a candid opinion. Monife is right and she merely answered your questions.

If you've been here for a while and follow immigration matters u would know that sham marriages are being clamped down. She was not insinuating that your friend would do it but meely pointing out the current views on this.

Wht worries me is that you are aiding and abetting someone to consciously wanting to break the law or involve themselves in unlawful activities (you did say he/she is an overstayer) and do not realise the moral implications.

The only other way this person can buy themselves time is by studying something until they can figure out what to do.

Alternatively, please tell ur friend to leave the country and come back legally like most foreigners.

monife is right .

Toluwanile wrote:A sage indeed! You certainly don't merit being called a sage or come close to one @ all.
I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time!
Nuff said!

In the future, how about picking out holes in what Monife said, point out where this person incorrectly advised you. It is alot better than clutching at straws spouting comments that you can not possibly back up

Don't go asking for a candid opinion if you don't want to hear that view, which will be correct.

A number of options were given, and Monife and others explained those options and why those options are doomed to fail. She provided her own personal experience to show to you that (a) She knows what she is talking about (b) Undisputed evidence of the problems that your pal will face (c) What she was was given in complete good faith. Don't shoot the messenger.

And yes, from the simple English that you have provided, it implies that you aided and abeited, which is against the law. Should you have been judged, maybe not. To be fair to you, you simply outlined the options that an immigrant may have, which was slightly correct (maybe you also mentioned the caveats).

Considering you are a newbie, how admits knowing little or nothing about immigration law, and considering that you could have easily checked Monife's archives to assess her bone fide's , it is very funny to hear you attack another poster's status on the site.

Toluwanile wrote:A sage indeed! You certainly don't merit being called a sage or come close to one @ all.
I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time!
Nuff said!

Shocked

Toluwanile wrote:A sage indeed! You certainly don't merit being called a sage or come close to one @ all.
I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time!
Nuff said!

The truth is always bitter, especially in instances like this, but I think monife certainly deserves to be a "sage"

Toluwanile,

Your friend needs to go home, apply for a job in Ireland and hope that the company will sponsor his work permit.

Toluwanile wrote:There is someone I know who came in with a visitor's visa over 1 year ago and has overstayed with a view to working out a way to stay here in Ireland in some shape, manner or form . This person has sought my opinion in confidence as to how to become a documented / legal resident and I have given the following advise in response to the ideas the person shared with me (not that I am an immigration lawyer or close to one). The following are the ideas the person has;
1. To get married to someone who has a legal stay in Ireland.
Though I'm not sure but I told the person that the court will require that they file an application and that both of them should be legally resident in Ireland

That marriage would really need to be with an EU Citizen, not from Ireland. Maybe an Irish Citizen, if the person does not have a deportation order, but the former would be the safest. Either way, the relationship has to be genuine and you need to provide evidence of same. Moreover, with Irish, it may take a while compared to 6 months for EU .

Toluwanile wrote: 2.This person has also considered seeking asylum, but I submitted that since the person came in with a visa and had the finger print taken, there is actually not a chance of that as well.

In a way, it is not the fact that he had a visa or finger prints taken that affects his asylum case, it is the fact that he has delayed over 1 year in doing so. Unless, he could make an argument that there are now severe problems in his country that would lead people like him to persecution.

Toluwanile wrote: 3.This person has also considered engaging the services of a lawyer, but I'll like to believe that lawyers will / might say that she's abused the terms of the visa and thereby expose the person.

Instead of thinking what you would like or what you might say, you should only advise as to what you actually know. Any lawyer has a client - solicitor confidentiality. It would not be in the solicitor's interest to "expose" some one, not would it be in the interest to accuse them of something or in orders words, point out the truth, that is, your friend has abused the terms of the visa and should never have been given one. If people like here did not do that, then these lawyers would not have a job.

Your friend will be no more exposed to appropriate procedures after making some sort of application with a solicitor than if she made it herself.

Toluwanile wrote: People I want to throw this open to those who know more than myself as I know next to nothing about immigration law and do not want to appear as a kill joy to this person.

You have to tell people the truth and be frank, not tell them what they would like to know, even if it is utterly wrong. What you have suggested are useful, and very few people, bar what Monife has said could advise otherwise.

Toluwanile wrote:A sage indeed! You certainly don't merit being called a sage or come close to one @ all.
I'll ignore you because every time "sane people" argue with foolish sages, they beat them with their foolish experience all of the time!
Nuff said!

Considering

(A) You know nothing about immigration and asylum
(B) You asked for a "Candid" opinion

You are in no position to question Monife or any other contributor.

I accept that you simply gave advice as to the options, and it is for them to decide what to do. Monife is pointing out that you might have been wrong to advise on an option which ultimately would be really a sham. But, then, you were simply giving general advice

Addressing the OP
Dear Sir,
If this friend of yours is not actually you in person then i kindly advise this friend of yours to start assuming he has been deported,thats just the simple truth.I feel sorry for him tho but for the following reasons below its going to be very hard for him.
-Immigration/Residency law is now very strict-Even if he later marry an Eu citizen,the dept can easily base that on sham marriage *proof of relationship*.
-Overstaying is a big problem
Wish ur friend best of luck