Non-EEA partner study visa expired

[Concerned81]

Hi all. I hope you can advise me on my situation.

I am an Irish citizen and I met my girlfriend in January of this year, she is from Brazil and is staying in Ireland on a Study Visa Stamp 2. We have been living together now for the last 3 months. Her Visa was up at the end of September just gone, she had intended to get a work visa and she has a job offer as a customer assistant.

Initially we went to the Immigration office where we were told we needed to apply for a General Work Permit through the DoBEI. We put the application together with assistance from the company who gave the job offer, however, when we went to get the application signed by the company we were informed that this was the incorrect application. Understandably now we are worried as she has overstayed her visa (granted only a few days). So I guess my questions are:

1. What options are open to her now in regards to her visa application? She wants to work full time and does not want to get another Study Visa. Can she even apply for study visa if her visa has expired?
2. Is there a grace period for overstaying your visa? Is any application she makes now automatically going to be refused as her visa has expired? What is the best way to proceed from here?

Thank you in advance for any advice you make have.

[Jordans]

A logical option would have been for her to go back to Brazil and reapply for a new visa there. To quote DFA.ie:

Overstaying your visa

If you stay in Ireland longer than your permission to remain permits, you could be liable for prosecution and/or deportation.

Change of activity

If you want to undertake any activity in Ireland other than that for which your visa was granted you must leave the country and apply for a new visa. You can’t return to Ireland while you're waiting for a decision on your new application.

If you are in a serious relationship I would advise you to get married and then apply for permission to reside in the State on the basis of marriage to an Irish national. Otherwise the longer she's staying the bigger chances are for her to be a subject of a deportation order and also difficulty getting back into Ireland on another type of visa.

[Concerned81]

Thank you for your advice Jordans.

Forgive my ignorance but does that mean that even if she applys for a new visa now she will be refused. She is only 5 days over her last visa. The guy in the immigration office said that there is a bit of grace period to reapply?

If we were to get married, which is definitely an option, I assume she would still have to leave the country and we would get married outside the country before reapplying on the basis of being married to am Irish national?

[Jordans]

I don’t believe she can apply for a new visa in Ireland. As far as I know the only visas that have been issued to non-EU nationals in Ireland are re-entry and emergency re-entry visas, and those have been abolished as of this May (except for stamp 6 holders, diplomats, intending residents and children).

I am by no means an immigration expert nor can I recommend one but many practices around town offer free advice applicable to your situation and I believe you should avail of one.