Advice Needed on visa extension for cat C visit visa.

[karlos]

Hi Everyone .

First time posting here .

Looking for some advice relating to category C visa. I am Irish citizen working in middle east , My girlfriend is a Thai National . she has joined me in Ireland . several times on the C visa and currently has a multiple entry /exit visa 90 days .

We are travelling back to Ireland in June . but we have just learned we are going to have a child . obviously I would like the child to be born in Ireland . her multiple visa expires in October . and we have used approximately 45 of the 90 days per year allocated so far . Baby is due in December.

What is the best course of action to enable her to stay in the country to have the child . ? should we declare it to immigration on entry in June . we have documented proof of a relationship over 10 years and marriage is on the cards. When we enter in June I would like to get the Ball rolling and get her settled to have my child . I don't want to disrupt her with long haul flights back to Thailand . I believe there is extensions granted due to extreme of unforeseen cases . but I don't know if pregnancy falls under that category .

has anybody found them selves in this position or any advice on how to proceed would be greatly appreciated .

Regards
Karlos

[jul1]

get married ASAP, if u are in Thailand at the moment do it there, if the marriage cert is in english it will be directly accepted as original document.

without marriage u will find urself in a very unpleasant situation

marrying in Ireland on a visa C is maybe not the best idea, there is this operation Vantage going on, u can google it, though if u have documented relation should not be an issue, especially in some small village, where they are more traditional about the idea of marriage... unlike immigration thinks about it...

I think the main issue here is that she have to apply for Visa D long term visa, which has to be applied for outside of ireland, so even if u get marry here she has to leave and apply from thailand, that is because a non-EEA spouse of Irish citizen doesnt have automatic right to live in Ireland.

Join spouse visa takes 6-12 months to get, where to clock can start to tick once she is outside of the country and visa D is applied for. There is a likely scenario that after ur child has born all of u will move back to Thailand until the visa D is accepted, so the 3 of you can be together during this process.

[jul1]

http://www.citizensinformation.ie/en/re ... eland.html



http://www.inis.gov.ie/en/INIS/Pages/Join+Family

[jul1]

http://www.thejournal.ie/sham-marriages ... 3-Nov2017/

[jul1]

....and i dont want to rush forward with that idea, but actually it is that harder to bring in a non-eea spouse to Ireland if you are actually Irish, the country is trying to prevent sham marriages and they can set strict rules to their own citizens....

While in the meantime the EU fought for the rights of eu citizens freely moving between different eu countries, they actually achieved that when live in an EU country where u are not a citizen of, like for ex an Irish citizen living in Germany, or Spain, or Malta, etc... that u will have AUTOMATIC rights to bring in non-eea spouses, and they will have the right to work, and travel visa free in the EEA with the resident card.

So try the JOIN SPOUSE visa D first, and if that did not work u can go a bit harder way and move to any EEA country (but maybe not UK, brexit is soon happening), get a job, get here a resident card based on the eu treaty right, than with that card she can travel visa free back to Ireland and just apply the irish resident card.

[karlos]

Great,

Thanks for the info . ideally what I was trying to achieve ,was for my girlfriend to come into the country on the visit visa she still has . and then seek extension to stay to have baby . our plan was to marry in the new year in Thailand . and then go for the Join spouse visa .

Right now all we are concerned with is delivering the child in Ireland. Then we will look at the marriage side priority is to deliver safe and healthy child .

I see what you mean about staying in another EU country and getting work there . but I have pretty good job in the middle east and I would be reluctant to give it up if it wasn't absolutely necessary.

I was thinking of approaching a solicitor about our situation but I'm not sure it will be fruitful .

I was looking into visa extensions due unforeseen circumstances . just bring her to a doctor and claim we just found out . don't know if this will be accepted though .

[jul1]

well, if you only want the baby to born here, and then leave?? that nothing is easier than that, because when you leave Ireland at the airport no one will check or stamp her passport, so overstaying the visa is possible. Though that is not really legal but in reality no one checks or cares about it, unlike in the UK where they hired extra 1000 IO officers only to check ur passport when u leave the country if u were still legal there.

The only thing can get her busted is that the Asian countries are very good in stamping the passport when u arrive, even for their own citizen, which is kinda weird, but that would be the only thing u have to explain, if they pop the question at all. But if they wont stamp her passport ur good to go, no one will know how long u were here. And if she "looses" her passport and gets a new one no stamp would be in there, though in this case u have to get the irish visa again.

Unless they check it in the hospital ur going to deliver the baby, but in Ireland they are not that jerks, like the in the UK, they are deporting people with terminal cancer from the hospital for ex., its not that rough around here.


It is possible to get extension but in general they dont like it

http://inis.gov.ie/en/INIS/Pages/Extens ... +the+State


"It is a general policy of INIS not to grant extension of Visitor Permission......
It is only in cases where unforeseen circumstances arise that INIS will grant an extension of visitor permission - for example where there is an unexpected illness of the visitor or the sponsoring family."

So the baby is due in December, so she got pregnant in March, in June when u arrive in Ireland she will be around 3 months in the pregancy, well maybe it is possible to say to u just figured it out in Ireland, but for that dont say anything at the airport or the garda station, than go to a check up, and with the doctors letter confirming the pregnancy u could write to immigration, explaining the extra time u need, which maybe at least few months, so the visa expires in November, she needs i`d say at least 3 more months?? maybe more? and then leave? then u have to travel with a 2 months old baby, and in ur letter say u understand that she has to leave and apply for Visa D from Thailand.

The chances are not bad to get that extension, especially cause she has a multi entry visitor visa, that is a good sign that she was accepted for that before, it proves that immigration accepted her relation to you.

It would be even a stronger case if u got married now, u have about a month, u can get the civil wedding, get the papers (u need the foreign affairs stamp on it), and later u can have fancy ceremony if that is why u want to delay the wedding until next year.

[shpirtshqipe]

You should also consider this:

If your partner is legally allowed to remain in Ireland until October that will put her well over the 7months of pregnancy. Once she has passed the 7months of pregnancy no airline will legally allow her to fly back. INIS will not be able to do something about it either and suddenly remove her from the State.

Secondly once the child is born in Ireland you will be able to register the baby and get an Irish birth certificate through you the Irish Citizen.

Once this has been established the mother of the child should be allowed to stay since the child is now an Irish Citizen.

You can then get married with your partner and go through the usual application process.

INIS May kick up a fuss of the fact the pregnancy was known before the 7 months but there isn’t much they’ll be able to do once they are faced with a Irish born child to a Non-EU Mother and Irish Father.

The above process has been tested by a couple in the UK that I personally know where the father has UK Passport and mother Non-EU passport. I would advise though you look into this in more depth if the same can be applied in your case here in Ireland.

[jul1]

yeah, i think that is the zambrano case

Even if u decide to stay here for a while, get a return ticket for sure, with visa C what she has currently needst that, with single ticket she might be declined to board the plane on a single ticket


http://www.inis.gov.ie/en/INIS/Pages/WP16000113


http://www.inis.gov.ie/en/INIS/Pages/Ap ... A%20Parent

[shpirtshqipe]

Even if u decide to stay here for a while, get a return ticket for sure, with visa C what she has currently needst that, with single ticket she might be declined to board the plane on a single ticket

Not sure what you mean by the C Visa. The parter has A multiple entry visa already???

her multiple visa expires in October . and we have used approximately 45 of the 90 days per year allocated so far . Baby is due in December

The best bet would be for the partner to travel to Ireland before she becomes 6months therefore the 45 remaining days on her visa would give her another month & half thus crossing over the 7months pregnancy

[jul1]

Even if u decide to stay here for a while, get a return ticket for sure, with visa C what she has currently needst that, with single ticket she might be declined to board the plane on a single ticket

Not sure what you mean by the C Visa. The parter has A multiple entry visa already???

her multiple visa expires in October . and we have used approximately 45 of the 90 days per year allocated so far . Baby is due in December

The best bet would be for the partner to travel to Ireland before she becomes 6months therefore the 45 remaining days on her visa would give her another month & half thus crossing over the 7months pregnancy

In Ireland there is basically 2 kinda visa, Visa C and Visa D.

Visa C is short term, could be single or multi entry, that is typically good for 90 days (or maybe 90days per every 180days like the schengen visa, but im not sure about that, maybe its just 90 days/year)

Visa D is long term, like 1-5 years


His wife has a multi entry visa, but that is still VISA C category.

[jul1]

Sorry, i checked my wife multy entry visa, it is Visa D

[karlos]

Thanks Everybody for your feed back .

It looks like I have a few options . The way I see it from everybody's suggestions

Option 1 : Arrive as planed in June and apply for extension as stated above . Hopefully with previous track record and seeking extension through proper channels . it will be accepted . But if the decision goes against us . I will have highlighted the fact of what we are trying to achieve .And it could be a case where we have to leave the country .

Option 2 : Overstay ,And have the baby any way . this can be done but may have negative impact in applying for join spouse visa or defacto visa later on . Or is it possible to have the baby registered in Ireland and then apply For have mother stay with Irish child ? . I don't know how this will be impacted with a possible 135 day overstay ? .

Option 3 :. Postpone coming to Ireland until September and then use up the 45 days left on the multi visa and be over 7 months pregnant , So we absolutely cannot travel back to Thailand . this may possibly have the same negative future effects as option 1. We also run the risk of getting turned around at Airport ?.if immigration office notices she is pregnant . Also if I can get my doctor to give a letter travel is not advisable on medical grounds it might be a go for option 1 .

To be clear it is a C multiple visa . valid for 90 stay in 1 year . We have used 45 days already . I never heard of an A visa before . but it may be worth looking into. ultimately we are looking at staying in Ireland full time as that is where we have most family support . but having the baby and leaving for a year to get join spouse visa is acceptable, but not ideal . ideally I would like to stay in Ireland and have Mom with baby and extended family this is what appeals with option 2 .e.g. Zambrano case , I have no idea what this is but I will look into it .

I am thinking I will go with option 1 or 3 . with option 1 being most preferred and it seems above board . option 2 for me would be a last resort but if option 1 is rejected ,it might be impossible to go with that option due to highlighting the issue to INIS. Hopefully I have covered all the bases .if anybody has any other suggestions or can highlight anything I can forgot .I am all ears.

[shpirtshqipe]

My advise is don’t waste time, effort and painful traveling back and forth and take Option 2. I would say though to travel to Ireland with partner as close as possible to the 6th month of pregnancy as to reduced the length of Overstayed days.

Irrespective of what route you take INIS will always try and give you a hard time so Option 2 is favourable.

Option 2 is basically what I suggested on my first reply to you in some length

Good luck with whatever action you decide to take and welcome to parenthood.

Best Regards