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..simple ease of mind.

Forum to discuss all things Blarney | Ireland immigration

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sophie4187
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Joined: Tue Aug 25, 2009 4:06 am

..simple ease of mind.

Post by sophie4187 » Sat Jun 05, 2010 4:06 am

Me again.. I tend to worry too much-

I know none of you can tell me what will happen exactly but just need a little honest reassurance hopefully.

I have written on here many times about my situation in Ireland. I am an American citizen who is in a 1 1/2 relationship with an Irish citizen. I came to Ireland a year ago for 2 weeks and then came back in January on a 90 day stamp. I was due to leave April 18 but my mom decided she wanted to come visit in July so I called the garda station and asked if I could get a permission to remain until then. The superintendent informed me that if I didn't tell the immigration officer at the airport, that I would have to write a letter to the DOJ. This was 2 weeks before April 18 and she said it would only take a week. After a few days, I received a letter with a processing number from the DOJ explaining that my application was in process. Well, I waited and waited, called and called, and spoke to her on several occasions just to make sure I wasn't in the country illegally while I waited on the decision. I ended up going over my 90 days when the letter came around May 6 saying that since I didn't tell the immigration officer at the airport, not even the DOJ could extend my stay so on that basis, I was refused. They said I had until May 25 to leave so I ordered the first ticket I could find which was May 11, because of the ash and arrived home.. sent in US entrance stamp on my passport (which took 2 weeks).. so in all honesty, I did everything above board and kept in contact with my garda station like I believed I should. Now I'm due to fly in on Sunday the 13th for only 3 weeks.. do you think all this will affect anything? I overstayed for 3 weeks but I was "processing" with the DOJ so according to my garda station, I was ok. I'm just freaking out that they will turn me away at Shannon on Sunday- I will be bringing all my correspondence and proof of mailing to the airport just in case.

Advice? Reassurance? Help? Anything to ease this mind?

sideshowsue
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Posts: 151
Joined: Thu Sep 11, 2008 2:31 pm

Post by sideshowsue » Sat Jun 05, 2010 6:52 am

Have you got *any* non-tourist visa for Ireland? The thing I'd be most worried about is the provision that tourist visas are only valid for 90 days in any 180-day period. That is to say, you've already used your 90 days and should, technically speaking, wait another six months to return.

Also, since you've already exceeded the 90 days in a 180-day period, this would be a definite red flag for any border agent. Not only is there an overstay, but you're returning just weeks after having departed. Plus, it seems like you're returning to Ireland in the hopes of having the 90 days extended. Personally, I think it would have been prudent to have organized a long-stay visa before your departure from the US.

The real problem, though, is that unfortunately Ireland doesn't apply 'rules.' Or rather, Ireland doesn't apply 'rules' uniformly. What may apply for one, doesn't apply to another. It's all going to come down to the mood and humour of the border official when you fly in on Sunday. If you had enquired earlier, I think I would have suggested flying through the UK instead of flying directly to Ireland. You could have spent a weekend in London and then flown in or taken the ferry to Ireland. This would have reduced the likelihood that your passport would have been scrutinized in Ireland.

Sorry I can't be more positive, but given the scenario, 1.) Recent overstay 2.) very recent departure from Ireland and return to Ireland 3.) relationship with an Irish person 4.) possibility that you'll seek to extend your stay -- These are all red flags that border agents love to pounce on.

Fingers crossed that you get through without a hitch.

sophie4187
Newbie
Posts: 36
Joined: Tue Aug 25, 2009 4:06 am

Post by sophie4187 » Sat Jun 05, 2010 10:48 am

Oh really? I have never heard of Ireland being part of the countries who have a 90 day in 180 day period.

According to the superintendent at my garda station, I could leave and come back in when my mom was due to come if I brought all my paperwork with me. On my last post, a guy even said he only waited a week and half before coming back in, which they only gave him a month but he was allowed back in.

I'm not looking for another extension. I'm looking for 3 weeks so I can be in Ireland with my mom, which should be evident why I applied for the permission to remain in the first place.

astrid
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Joined: Wed Jun 10, 2009 1:42 pm

Post by astrid » Sun Jun 06, 2010 7:44 pm

I wouldn't worry about it Sophie. I've never heard of the 90 days / 180 days rule, and before I was able to sort out my green card I spent a lot of time in Ireland as a visitor.

I always told them the truth, my partner lives here, we're working on arranging a work/residency permit but it takes a long time, etc. So long as you have a return ticket you should be okay. I would bring along a copy of your mom's flight itinerary, a copy of a bank statement, and a recent bill with your name and US address, to demonstrate that you intend to go home to the US, until you can enter the country permanently legally.

Be polite, and friendly and honest. Let them know you understand what the rules are, and you have no intention of breaking them. I don't think you'll have any trouble.

sophie4187
Newbie
Posts: 36
Joined: Tue Aug 25, 2009 4:06 am

Post by sophie4187 » Mon Jun 07, 2010 3:48 am

Thank you astrid. I appreciate it. After doing lots of research, Ireland is exempt from the 90 day/180 day rule so I'm not worried about that. I was just worried about my overstay, even though it wasn't for very long. I have never done anything illegally or sneaky.. and I never tried to go around any laws. I have and always will be honest about my situation- Again, I appreciate it and will have my fingers crossed :)

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