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Long Term Residency application rejected

Forum to discuss all things Blarney | Ireland immigration

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Stainless
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Location: Dublin

Long Term Residency application rejected

Post by Stainless » Sat Oct 30, 2010 8:32 am

Hi All,

I just thought I would share this story with you all as once again the incompetence of the irish immigration authorities at the fore again.

Over a year ago I requested information on what they had on record for my long term residency i.e. how many months on record. I have a letter confirming their records to be correct and therefore submitted my application.

The usual process happened, I received a letter confirming they had all my information and will process in due course.

Almost to the day i received a letter saying that my application is one month short of the 60months required, yet my first correspondence reflects otherwise!

So after a year - my application has been refused, if I wish to apply again I have to resubmit the application and join the back of the queue.

I am only highlighting what has happened to many others - once again the incompetence - in my mind it is a clear case the irish do not want foreigners in the country.

walrusgumble
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Re: Long Term Residency application rejected

Post by walrusgumble » Sat Oct 30, 2010 2:18 pm

Stainless wrote:Hi All,

I just thought I would share this story with you all as once again the incompetence of the irish immigration authorities at the fore again.

Over a year ago I requested information on what they had on record for my long term residency i.e. how many months on record. I have a letter confirming their records to be correct and therefore submitted my application.

The usual process happened, I received a letter confirming they had all my information and will process in due course.

Almost to the day i received a letter saying that my application is one month short of the 60months required, yet my first correspondence reflects otherwise!

So after a year - my application has been refused, if I wish to apply again I have to resubmit the application and join the back of the queue.

I am only highlighting what has happened to many others - once again the incompetence - in my mind it is a clear case the irish do not want foreigners in the country.
Hang on Chief.

At the time you made your very first application / correspondence for Long Term Residency, did your passport stamps/visas confirm that you had a full 60 months of reckonable residency? If not then it is your mistake and your incompetence. (no disrepect intended, honestly)

It is not enough that you say you have 60 months! Did your passport convey this clearly, what about work permits (assuming this is the case) did you always register on time at GNIB. Are there gaps? if so how long, accumulative?

I would suggest writing to the GNIB to request a letter of reckonable residence outling all the dates of registration etc to see if there are gaps.

If the said documents are clear and you did in fact have full 60 months, maybe you should consider challenging the decision. speak to a lawyer

Were you at any period more than one month out of the state? see passport

(I assume that you are a non eu national, please correct me if I am wrong)

In your defence, they should not have made you wait that long for this. Moreover, considering that they had asked for extra documents, and know that you are still living and working here at this very milisecond, they should have used their cop on and discretion and just grant the residency now as you definitely meet the 60 months requirement. If not, at least ask you to make a new application with an intention by the department to consider the said application immediately

agniukas
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Post by agniukas » Sat Oct 30, 2010 4:19 pm

You should apply for LTR when you have completed 60 months. meaning that you must have 60 months or more. when they start processing your application your time is counted up to the date of application. if you applied too early, tough... you go to the back of the queue. however, you won't have to wait that long this time if you re apply. because they are processing april-may 2010 at the moment.
if you are absolutely positive, that LTR made mistake in calculations, contact them with an appeal. if you are right and they did make mistake while counting your stamps (up to the date of application), they will continue processing your application and you won't have to go to the end of the queue.
I am not sure if a solicitor can help here, if calculations were correct on LTR part.
make sure to disregard any gaps that you have between your stamps and do not count the overlapping stamps/dates.

walrusgumble
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Post by walrusgumble » Sun Oct 31, 2010 1:53 pm

agniukas wrote:You should apply for LTR when you have completed 60 months. meaning that you must have 60 months or more. when they start processing your application your time is counted up to the date of application. if you applied too early, tough... you go to the back of the queue. however, you won't have to wait that long this time if you re apply. because they are processing april-may 2010 at the moment.
if you are absolutely positive, that LTR made mistake in calculations, contact them with an appeal. if you are right and they did make mistake while counting your stamps (up to the date of application), they will continue processing your application and you won't have to go to the end of the queue.
I am not sure if a solicitor can help here, if calculations were correct on LTR part.
make sure to disregard any gaps that you have between your stamps and do not count the overlapping stamps/dates.
Just to make things clear, no lawyer could help if the calculation of stamps etc is correct on the department' & GNIB's part.

However, there has been times, through no fault of the applicant, that there is a delay in the registration of the stamps or renewals between the department of justice and gnib. if an applicant is absolutely certain that she / he attended his/her local immigration office to renew, and did so on time, it might be worth looking for his file.

But you are correct in what you have said (you know that of course)

fatty patty
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Post by fatty patty » Sun Oct 31, 2010 2:18 pm

But sure why not INIS send the application straight back like they do with the citizenship ones if they are incomplete/incorrect, instead of leaving the applicant in the lurch then after a year send it back stating oh hold on sec mate its incomplete as you haven't earned enough GNIB scores. I mean all they had to do is to type in that GNIB No. on their system to gather all that info. But then again we are talking about INIS here.

walrusgumble
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Post by walrusgumble » Mon Nov 01, 2010 9:33 am

fatty patty wrote:But sure why not INIS send the application straight back like they do with the citizenship ones if they are incomplete/incorrect, instead of leaving the applicant in the lurch then after a year send it back stating oh hold on sec mate its incomplete as you haven't earned enough GNIB scores. I mean all they had to do is to type in that GNIB No. on their system to gather all that info. But then again we are talking about INIS here.
Jesus, that would mean using their common sense. We can't be having that now can we. :roll: :wink:

No, in fairness you are right on this one, as there is a genuine chance of a risk of being classed as over staying, compared to stamp 4 (mostly) candidates who apply for citizenship. Many employers may not want to go through the rig amore of renewing work permits, many work permit holders can actually get or are offered better jobs (even now) at other places and are stuck with the same employer (too risky moving sticks and hoping to get a brand new permit, which, unless its for a top job, one would not get)

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