Engaged to non-national currently seeking asylum... Help plz

Hey guys, I am completely new to this. Just wondering can anyone help me or give me any information about what to do in my situation.

I am (an Irish Born Citizen) engaged to a non-national who is currently seeking asylum. We are getting married in 3 or 4 months and I am just wondering has anyone else been in this situation? What happens after we are married, like how to we make his status legal in Ireland?

And if his application for asylum is refused, what do we do then to allow him to stay with me legally?

One other question I have been trying to get the answer to but can't. I have heard of voluntary return (for when the Minister intends to make a deportation order, but hasn't yet, if your application for asylum is refused) and was wondering if it did come to that (I really hope it doesn't), if he chooses voluntary return, what is the time limit in which he can return and are there any implications??

Thanks in advance for any advice you might have

if he gets married to you,he s subjected to the Eu Directives. As long as it s not a marriage of convenience. Then he can apply for EU treaty right and get stamp 4 for six months pending the decision of his application.

I don't think that Directive apply to OP as she is Irish citizen unless she have exercised her EU treaty rights in other EU country.

Heya, thanks for the replies. You said something about EU treaty rights, what is that? And does it apply to me as I am an Irish Citizen, i have never lived anywhere but Ireland.

So to clarify, after we get married, we apply for EU treaty right, where do we apply for that, do we go to GNIB?

Here is the relevant information for you
http://www.inis.gov.ie/en/INIS/Pages/WP07000024
I don't know how will they deal in your future husband's case but if someone is legally resident in Ireland they can issue stamp4 same day and if not legally resident then you need to write an application to GNIB and it can take up to year to get a decision from them.
And you can not apply for EU treaty rights as you have never lived in any other EU state for more then 6 months.

Thanks a mil!

I am not too sure if while seeking asylum, is he classed as illegal or legal??

Oh gosh, I hope he isn't classed illegal, A YEAR to process, that is just crazy, what does he do while he waits to hear from GNIB?? Can he work??

if his application is still in process he is not illegal in state.

jennybean wrote:Hey guys, I am completely new to this. Just wondering can anyone help me or give me any information about what to do in my situation.

I am (an Irish Born Citizen) engaged to a non-national who is currently seeking asylum. We are getting married in 3 or 4 months and I am just wondering has anyone else been in this situation? What happens after we are married, like how to we make his status legal in Ireland?

And if his application for asylum is refused, what do we do then to allow him to stay with me legally?

One other question I have been trying to get the answer to but can't. I have heard of voluntary return (for when the Minister intends to make a deportation order, but hasn't yet, if your application for asylum is refused) and was wondering if it did come to that (I really hope it doesn't), if he chooses voluntary return, what is the time limit in which he can return and are there any implications??

Thanks in advance for any advice you might have

I dare say hes either a Pakistani or Nigerian citizen. If I am wrong I will donate a crisp twenty euro note to the ICI.

Doesn't matter where is he from he will get a resident card valid for 5 years and after 3 years he can apply for Naturalization and he will become an Irish citizen just like you Irishtom

I don't think Jenny is understanding you rebel, you have already mentioned to her that EU treaty willl not be applicable for her. And I think so myself because she never lived in another Eu country and therefore her case will be different.
It will be important that she get the information that is applicable to her case. She can go to this www.inis.gov.ie and find information that is applicable for her. Or maybe people who know how she can deal with her situation here can help.
Also, as regard to whether he is illegal or not. It depends on your husband situation. if he is a failed asylum seeker then he is illegal but if his case is still subjected to review then I think he is not.
Goodluck!

A residence card will not be given to the spouse of the OP, since neither he nor the OP shall be resident in Ireland in accordance with EC law.

Rather, the spouse of the OP should be granted permission to reside in Ireland as the spouse of an Irish citizen and be issued with a GNIB Certificate of Registration endorsed with Stamp 4.

benifa wrote:A residence card will not be given to the spouse of the OP, since neither he nor the OP shall be resident in Ireland in accordance with EC law.

Rather, the spouse of the OP should be granted permission to reside in Ireland as the spouse of an Irish citizen and be issued with a GNIB Certificate of Registration endorsed with Stamp 4.

Thanks benifa, one thing i dont understand is what do u mean by OP? And after we are married should we just go to the GNIB with our marriage certificate and passports and ask for a stamp 4, or do we have to first apply to INIS for permission to remain?

Oh and to koded, he is still in the process now but I am worried that by the time we are married, he might have been refused, therefore he would be illegal, hopefully he wont be refused.

Thanks everyone

jennybean wrote:Thanks benifa, one thing i dont understand is what do u mean by OP?

Original Poster (you).

jennybean wrote:And after we are married should we just go to the GNIB with our marriage certificate and passports and ask for a stamp 4, or do we have to first apply to INIS for permission to remain?

I'm not certain, but I think that no application to the INIS is required. You simply report together, in person, with your passports and marriage cert to the GNIB. As I said, I'm not certain though. It may also be different in cases where the spouse of an Irish citizen has a pending application for asylum.

I am afraid, but your husband will have to apply to INIS for his permission to remain as a spouse of irish national following the wedding, as he currently has no stamp and permission in the country. if he was on stamp 1, 2, 3 or 4 at the moment, then it would be changed straight away to stamp 4 as a spouse of irish national. however, as an asylum seeker he has no current stamp, he will have to apply to INIS and wait. I am not sure about the procedure whether his application as a spouse of irish national will be processed in 12 months, or will INIS have to wait for the final decision in relation to his asylum application first.

Thanks agniukas!

agniukas wrote:I am afraid, but your husband will have to apply to INIS for his permission to remain as a spouse of irish national following the wedding, as he currently has no stamp and permission in the country. if he was on stamp 1, 2, 3 or 4 at the moment, then it would be changed straight away to stamp 4 as a spouse of irish national. however, as an asylum seeker he has no current stamp, he will have to apply to INIS and wait. I am not sure about the procedure whether his application as a spouse of irish national will be processed in 12 months, or will INIS have to wait for the final decision in relation to his asylum application first.

How long does the process of applying for permission to remain take? Is there a lot of paperwork/documents needed?

Thanks for all the advice guys

It could take 1 year or more from within Ireland, but if he applies for a spouse visa from his home country it could take a few weeks,depending on the discretion of the Visa officer and the strength of your application.

Thanks archigabe. Do u know if he has to go back to his country to apply for the spouse visa? Because he can't because he is seeking asylum..

Do u mean by "strength of the application" as to put in as much documentary evidence of our relationship as possible? ie: photos, bills, rent book, marriage cert etc?

all information is here:
http://www.inis.gov.ie/en/INIS/Pages/WP07000024

note that your spouse cannot apply if a deportation order is issued.
the results of the application will depend on many facts, like if the marriage is genuine, financial situation, history of the relationship, etc.
if you have a specific query, you can email to spouse of irish national section, and they will respond to your query.

u get married to him and then he will go to gnip for a stamp 4 and then aply for eu treaty

knapps wrote:u get married to him and then he will go to gnip for a stamp 4 and then aply for eu treaty

Totally wrong.

Jennybean: As previously described, your husband would have to apply for a Stamp4 under Irish law. He will have to apply to INIS not the GNIB. The GNIB really only officiate decisions made by INIS, so the Stamp will have to be granted by INIS first. Agniukas has explained this pretty well.

You'll need a LOT of luck on your side and a lot of proof to show that this is a "real" marriage as the INIS and the Minister of Justice states that there is no requirement for them to grant a visa to a spouse of an Irish citizen. Unlike spouses of EU citizens (or Irish citizens who have exercsised treaty rights) there is a chance that any application can be refused. Ignore any comments by posters that mention EU Treaty rights as this does not apply to your situation. It can take 12-18 months for the application to be processed and during that time he will not be granted any other stamp or right to work. He will remain an Asylum seeker until a decision is reached.

scrudu wrote:Jennybean: As previously described, your husband would have to apply for a Stamp4 under Irish law. He will have to apply to INIS not the GNIB. The GNIB really only officiate decisions made by INIS, so the Stamp will have to be granted by INIS first. Agniukas has explained this pretty well.

You'll need a LOT of luck on your side and a lot of proof to show that this is a "real" marriage as the INIS and the Minister of Justice states that there is no requirement for them to grant a visa to a spouse of an Irish citizen. Unlike spouses of EU citizens (or Irish citizens who have exercsised treaty rights) there is a chance that any application can be refused. Ignore any comments by posters that mention EU Treaty rights as this does not apply to your situation. It can take 12-18 months for the application to be processed and during that time he will not be granted any other stamp or right to work. He will remain an Asylum seeker until a decision is reached.

Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?

IrishTom wrote:Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?

Yes, as they are considered under the EU Directive, EU citizens (r Irish citizens who have exercsised treaty rights) are entitled to be joined by their spouses and family. Irish citizens do not have this right as they are considered under Irish law which does not afford Irish citizens the same rights. Applications can be refused/granted at the "discretion of the Minister for Justice".

IrishTom wrote:Are you saying that EU citizens have more rights in this regard, compared to Irish citizens?

Yeah, I have been googling this like mad, and yes it looks like EU people living in Ireland, have more rights than Irish. This really annoys me, I am an EU person too so i dont understand why I cant avail of the EU treaty. So annoying that the Irish laws don't favour their own citizens, as well as immigrants

Thanks Scrudu, Benifa, Archigbabe, rebel82, koded and agniukas for all your valuable advice I am thinking if we get refused by the Minister, we will go and live in another EU country for 6 months, so that I would be exercising my EU treaty rights and then return to Ireland. Is Northern Ireland or England good enough for this? Or would we have to delve further into the EU?