Non-EEA spouse of stamp 4 holder (based on CSEP)

[kupuser]

I have 2 related questions around the NON-EEA spouses of Stamp 4 holder (based on critical skills employment permit.

Background: I completed 2 years of work on critical skills permit and was granted stamp 4 in early 2022. During that year (after getting stamp 4) I got married in Pakistan and my wife applied join family visa in October. In the application letter she clearly stated that I fell in Category A of sponsors as my permission was on the basis of CSEP. She attached my permit, stamp 4 letter and all relevant documents. After waiting nearly 11 months the processed applications date on the immigration website reached 21st of October 2022 for category A applications (my wife's application was received in Dublin on 9th of October 2022) but her application did not appear on the decision list. I emailed visa section explaining my situation and they said the application is still waiting to be examined. This means they have put my wife's application along with Category B.

My questions;

1. Do I fall in Category A or B?
2. If I no longer have benefits of a critical skills permit holder due to moving to a 2 yeat Stamp 4, does that mean my wife (once she arrives in Ireland) cannot get stamp 1G and will be unable to get a PPS / work?

Thanks

[Angel99]

Hi there,

Since you are no longer under CSEP, you are in "Category B'. Your spouse is eligible for stamp 3 but she is not allowed to work unless she gets a work permit from the Department of Enterprise Trade and Employment (DETE). She is also not allowed to study.

Stamp 3 is considered as residence when applying for citizenship by naturalisation. This means she can also apply for PPSN. If she is not employed, another option is applying for PPSN for driver's license, or if she is coming with a minor - child benefis/school.

[kupuser]

Hi there,

Since you are no longer under CSEP, you are in "Category B'. Your spouse is eligible for stamp 3 but she is not allowed to work unless she gets a work permit from the Department of Enterprise Trade and Employment (DETE). She is also not allowed to study.

Stamp 3 is considered as residence when applying for citizenship by naturalisation. This means she can also apply for PPSN. If she is not employed, another option is applying for PPSN for driver's license, or if she is coming with a minor - child benefis/school.

Thanks for the reply and info.

[thanosmalang]

Hi @kupuser,

Just checking in to see if you have got the Spouse Visa against your application yet? Just wanted to know about the timelines and current processing time. The website has not moved a single day since past 3 months. The date is still 27th of September.

Thanks

[kupuser]

Hi @kupuser,

Just checking in to see if you have got the Spouse Visa against your application yet? Just wanted to know about the timelines and current processing time. The website has not moved a single day since past 3 months. The date is still 27th of September.

Thanks

No update on my application. I saw the date for category B is still 27th of September while Category A jumped by 10 days to 31st of October.

[thanosmalang]

Thanks for the update.

I did an email to the minister of Justice regarding the date of processing and how it has not being changed alongwith screenshots for more than 3 months and her secretary replied below.

Minister's Reference: DJE-MO-xxxx-2023
Dear ....,
I refer to your recent correspondence.
I can advise that while every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. It is also the case that these applications require detailed and often complex assessment.
The date as published on the website is the oldest date in the queue, which can give the impression that no decisions areme oldest date in tie queue, witch dan give the impression that no decisions are being made. This is not the case. Although the published date hasn't move on the website, Cat B applications are being processed and decided on regularly, There is also a suite of overtime currently being utilised to help clear the applications on hand.
As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.

I trust this information is of some assistance.

However, I have colleagues who are waiting for 13+ months so I don't believe the above that they are doing anything.

I emailed to Pakistan Embassy as well but no response from them, They don't bother to read emails. Statistics wise 33 applications were received from Pakistan for join family visa in 2022 first half and still they are taking longer time to process.

This is ridiculous.. :/

[Angel99]

Thanks for the update.

I did an email to the minister of Justice regarding the date of processing and how it has not being changed alongwith screenshots for more than 3 months and her secretary replied below.

Minister's Reference: DJE-MO-xxxx-2023
Dear ....,
I refer to your recent correspondence.
I can advise that while every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. It is also the case that these applications require detailed and often complex assessment.
The date as published on the website is the oldest date in the queue, which can give the impression that no decisions areme oldest date in tie queue, witch dan give the impression that no decisions are being made. This is not the case. Although the published date hasn't move on the website, Cat B applications are being processed and decided on regularly, There is also a suite of overtime currently being utilised to help clear the applications on hand.
As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.

I trust this information is of some assistance.

However, I have colleagues who are waiting for 13+ months so I don't believe the above that they are doing anything.

I emailed to Pakistan Embassy as well but no response from them, They don't bother to read emails. Statistics wise 33 applications were received from Pakistan for join family visa in 2022 first half and still they are taking longer time to process.

This is ridiculous.. :/

Hi,

With your type of application you just have to be patient and try to contact the Visas Division, Immigration Service Delivery via post hoping they will give you an update or review it.

[kupuser]

Thanks for the update.

I did an email to the minister of Justice regarding the date of processing and how it has not being changed alongwith screenshots for more than 3 months and her secretary replied below.

Minister's Reference: DJE-MO-xxxx-2023
Dear ....,
I refer to your recent correspondence.
I can advise that while every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. It is also the case that these applications require detailed and often complex assessment.
The date as published on the website is the oldest date in the queue, which can give the impression that no decisions areme oldest date in tie queue, witch dan give the impression that no decisions are being made. This is not the case. Although the published date hasn't move on the website, Cat B applications are being processed and decided on regularly, There is also a suite of overtime currently being utilised to help clear the applications on hand.
As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.

I trust this information is of some assistance.

However, I have colleagues who are waiting for 13+ months so I don't believe the above that they are doing anything.

I emailed to Pakistan Embassy as well but no response from them, They don't bother to read emails. Statistics wise 33 applications were received from Pakistan for join family visa in 2022 first half and still they are taking longer time to process.

This is ridiculous.. :/

Thanks for the info.

I think there must be some sort of staff shortage these days as I asked a few friends and their applications in category B took around 5-6 months a few years ago. A few other friends who were category A told me it took their applications 3-4 months. I heard a person contacted the Irish embassy in Turkey and requested an appointment for his wife in Pakistan. Even though it is not the correct way, he was able to get an appointment for visa application. Apparently it takes around 2 months for a decision there.

In my own case I was expecting to be in Category A due to the fact that my stamp 4 is on the basis of CSEP but they seem to have put me in Category B. Even in Cat. A it took 11 months to get to October 2022 date.

[Angel99]

Thanks for the update.

I did an email to the minister of Justice regarding the date of processing and how it has not being changed alongwith screenshots for more than 3 months and her secretary replied below.

Minister's Reference: DJE-MO-xxxx-2023
Dear ....,
I refer to your recent correspondence.
I can advise that while every effort is made to process applications as soon as possible, processing times will vary having regard to the volume and complexity of applications, the possible need for the Immigration Service Delivery (ISD) function of the Department to investigate, inquire into, or seek further information, and the resources available. It is also the case that these applications require detailed and often complex assessment.
The date as published on the website is the oldest date in the queue, which can give the impression that no decisions areme oldest date in tie queue, witch dan give the impression that no decisions are being made. This is not the case. Although the published date hasn't move on the website, Cat B applications are being processed and decided on regularly, There is also a suite of overtime currently being utilised to help clear the applications on hand.
As with all visa services worldwide, the central concern in deciding on visa applications is to strike an appropriate balance between protecting the country's vital national interests by maintaining an effective immigration regime while at the same time not placing unnecessary or unreasonable obstacles in the way of intending visitors.

I trust this information is of some assistance.

However, I have colleagues who are waiting for 13+ months so I don't believe the above that they are doing anything.

I emailed to Pakistan Embassy as well but no response from them, They don't bother to read emails. Statistics wise 33 applications were received from Pakistan for join family visa in 2022 first half and still they are taking longer time to process.

This is ridiculous.. :/

Thanks for the info.

I think there must be some sort of staff shortage these days as I asked a few friends and their applications in category B took around 5-6 months a few years ago. A few other friends who were category A told me it took their applications 3-4 months. I heard a person contacted the Irish embassy in Turkey and requested an appointment for his wife in Pakistan. Even though it is not the correct way, he was able to get an appointment for visa application. Apparently it takes around 2 months for a decision there.

In my own case I was expecting to be in Category A due to the fact that my stamp 4 is on the basis of CSEP but they seem to have put me in Category B. Even in Cat. A it took 11 months to get to October 2022 date.

According to your earlier post you ceased to be on category A after you completed your CSEP and upgraded to Stamp 4. Now if your spouse applied before you upgraded, you were supposed to withdraw her application and let your spouse apply with your current status and documents. This process would have made it straightforward.

Since she applied with your old documents, it may delay the process. They will make a decision on grounds of what was presented to them unless you informed them and updated her application with the necessary documents and explanation.

All non EU spouse residence application decisions are made in Dublin office unless it's a visit visa. The embassy forwards your request to the immigration office in Dublin to review it. If there is any delay, you the spouse in the Republic must contact the relevant authorities.

The immigration office is also fond of delaying visa decisions and visa rejections are high for some countries.

[kupuser]

Just to update.
I received an email from the visa section with a query around my bank statements. They are looking for full explanation of some transactions (I had bough property and had made some transfers) and gave me 5 working days to respond. This might explain the delay.

[thanosmalang]

Thanks for the update. I hope everything goes well and your spouse get the visa ASAP.

[kupuser]

Thanks for the update. I hope everything goes well and your spouse get the visa ASAP.

Just to update. I had sent them a response with documents to explain and received an acknowledgement on the same day (15th of September).

There has been no update since. Even Category B has now reached 12th of October which is beyond my application date. I emailed them a few times and they copy paste the standard response even without reading my question.

[kupuser]

Hi all,

Just to update, I have received the approval for the application being referred to above. Apparently I was still in Category A but my application was delayed due to extra information requested.

I had emailed the Justice Minister requesting an update on 12th of October and received an acknowledgement on 13th. The approval was granted on 17th and I was notified this week.

[TryllZ]

Thats great news,

Can I know what was your total time from the application date..

[kupuser]

Thats great news,

Can I know what was your total time from the application date..

Submitted 25 Sep 2022
Received in Dublin office 9 Oct 2022
Approved 17 Oct 2023

[TryllZ]

Submitted 25 Sep 2022
Received in Dublin office 9 Oct 2022
Approved 17 Oct 2023

Great, thanks, all the best..

[thanosmalang]

Thanks for the reply brother and congratulations. I am glad things are sorted for you.

Can you please confirm the email address that you used to email the justice minister? Also is there a way you could confirm that your application was in category A rather than B.

Thanks once again.

[kupuser]

Contact details are https://www.oireachtas.ie/en/members/me ... 013-03-27/

I confirmed I was category A by asking solicitors. I also referred to the same in all my emails to the department, minister and TDs. No one said otherwise.

[thanosmalang]

Thank you for confirming this. This is useful information that might help me as well.

God bless you.