UNDOCUMENTED PARTNER IN IRELAND

[Corw]

Hi
Can anyone please advise me regarding our current situation in IRELAND ? I am an British national and two and half month ago i relocated to ireland with my partner who is from NON Eu country . Subject to immigration control
the reason was relocating in Ireland a company offered her a job then we both moved to Ireland via belfast . We are in relationship for a year .

My question is that can He legalise his status in ireland on the behalf of British girlfriend who is exercising her treaty rights under the Eu law.

He doesn't have legal status in Ireland. we came ireland by our own car on the other hand we have plan to register our civil marriage in ireland in future . but there is a biggest obstacle for us to provide PPS number which He doesn't have one . and he cant provide PPS number at registry office because He doesn't have legal status in IRELAND .and also he was overstayed on his student visa as well as

Can you please assist me what can do to legalise his status in IRELAND ? any help would be highly appreciated

Should you have any further queries please do not hesitate to contact me .

Many thanks

Seeking for your warm response

With kind regards

[CR001]

1. How long have you lived together with shared financial responsibilities? 2 Years evidence of cohabitation is mandatory.

2. You should note that Ireland and the UK share immigration data so Ireland will be aware at some point of the Tier 4 overstay. How long is the overstay, when did the student visa expire??

3. It would be an application as a Defacto Relationship or Durable Partner.

http://www.citizensinformation.ie/en/mo ... onals.html

De facto relationships

Non-EEA nationals who are in de facto relationships must have permission to remain in the State. They can apply for a de facto partnership immigration permission.

A non-EEA national whose partner is an Irish national or an Irish resident must provide proof of cohabitation of at least 2 years. If the resident is a non-EEA national, they must have a stamp 1, 4 or 5 residence permission to sponsor an application. Non-EEA nationals with stamp 2 or 3 permission are not eligible to be sponsors.

You can find the application form, the guidelines for applicants, details of the evidence to be submitted and a list of frequently asked questions on the website inis.gov.ie.

If you are a non-EEA national whose partner is an EU national (but not an Irish national) you can apply for a residence card under EU Treaty Rights if you have proof of living together in a durable relationship of at least 2 years.

[littlerr]

First of all this is not a legal advice. I doubt if anyone here can give a legal advice here without knowing the full picture of your situations.

I'm a bit lost. You said a company offered *her* a job but you want to legalise *his* status?
Did you mean the company offered you a job instead, and he was simply accompanying you? How can a company offer him a job if he doesn't have a legal status in Ireland? In order to pay the salary, the company would have to know his PPS number, which you said he doesn't have one.

Either way, things don't look good. A 1-year relationship without a certificate doesn't really mean anything. For De Facto relationship, that requires 2 years cohabitation as a legal resident. You won't get a marriage cert in either Ireland or Northern Ireland because your partner does not have a legal status here, and (in the UK I assume?) he overstayed his study visa.

If he only overstayed a short period on his UK study visa, I would suggest that he travels back to the UK (using the same way that you entered Ireland), renews his study visa, and do your marriage certificate there.

If he has overstayed for a long period of time that you think that UK will definitely reject his application, is there any chance that you guys travel back to a third country (maybe to his own country) to register the marriage?

All I'm suggesting here is that you should try to find a way to legitimise both his status and your relationship. Getting him to apply a Join EEA Family visa is much more straightforward in the long run, even that means you will be separated for a short while.

If you try to get him staying in Ireland, he is under the risk of being deported. On top of that, he won't be able to work without a PPS Number.

An alternative option would be to apply for asylum, and then apply for Humanitarian Leave to Remain. But again it is likely that there will be long legal battles and things are not looking good when you had the intention to get here illegally from the very start.

[Corw]

Hi
Thank you so much for your response .Actually i did mistake while writhing down my post i meant to be a company offered me a job not him thats why we relocated to Ireland together.
for full picture of our situation we had an religious marriage Nikah which is not legally binding in Uk (Islamic Marriage) earlier this year at mosque with the gathering of family and friends . We have got our pictures and Islamic marriage certificate.and i believe that we can not fall into Defacto Relationship or Durable Partner category .because they required 2 year relationship evidence which we have got only 16 months.
We have a future plan for civil marriage in Ireland.
Meanwhile we went an local registrar office to find the information regarding how to register for a civil marriage in Ireland.
they asked for a PPS number from my partner to make an application for this purpose .
I said to registrar he doesn't have one. They says to make an application he has to have a PPS number .
and we have no idea how can we register our civil marriage in future without his PPS number ?

[Corw]

Hi Guys
We are still waiting for your answer

[littlerr]

Hi
Thank you so much for your response .Actually i did mistake while writhing down my post i meant to be a company offered me a job not him thats why we relocated to Ireland together.
for full picture of our situation we had an religious marriage Nikah which is not legally binding in Uk (Islamic Marriage) earlier this year at mosque with the gathering of family and friends . We have got our pictures and Islamic marriage certificate.and i believe that we can not fall into Defacto Relationship or Durable Partner category .because they required 2 year relationship evidence which we have got only 16 months.
We have a future plan for civil marriage in Ireland.
Meanwhile we went an local registrar office to find the information regarding how to register for a civil marriage in Ireland.
they asked for a PPS number from my partner to make an application for this purpose .
I said to registrar he doesn't have one. They says to make an application he has to have a PPS number .
and we have no idea how can we register our civil marriage in future without his PPS number ?

To clarify, you don't need a PPS number to get married. You need a PPS number to inform the registrar that you have the intention of getting married.
Religious marriage certs are not recognised here or in most countries, so legally speaking it doesn't have any effect.
In order to officially get married, you need to inform the registrar and receive the acknowledgment from them, and you have to be a legal resident in your current country. Since you are applying in Ireland, you both need a PPS number to establish this. Your husband will also need a marriage visa or any other valid visa.
Since you purposely drove from NI to avoid immigration controls, your husband is not a legal resident in Ireland, and will not be able to apply for a PPS number. You need to either go to a country where both of you have legal statuses, or, sneak back into the UK and get your husband's study visa renewed there.

[CR001]

sneak back into the UK and get your husband's study visa renewed there.

This won't be possible as the previous student visa already expired and the non-EU spouse was already an overstayer in the UK. Unlikely any university will issue a CAS as he will be considered high risk of refusal.

[Corw]

I do agree with @ CR001 this won't be possible as his perivious student visa already expired in Uk and unlikely university issue him a CAS letter.
Can you please advise us in this situation what we need to do first.? And what step we will have to take in such a situation?

[littlerr]

sneak back into the UK and get your husband's study visa renewed there.

This won't be possible as the previous student visa already expired and the non-EU spouse was already an overstayer in the UK. Unlikely any university will issue a CAS as he will be considered high risk of refusal.

Alright I forgot that in the UK they have this CAS thing.. You're right. No point getting another refusal there.

Then I don't have any other suggestions. For me, it's either going back to the original country, getting married there, and applying for Join Family visas there, or applying for asylum here. I don't see a third way of doing this, not within Ireland anyway. If I were him, I would go with the most legitimate way and ensure the illegal stay is as short as possible. But again, this is just my personal opinion and I'm not an immigration lawyer.

[Corw]

@littlerr
Firstly i like to you to clear something please how we can inform to registrar that we would like to have a civil marriage without his PPS as he does not have legal status here ?
do you think will they consider our application without his PPS??
is there anyone on this forum who had a similar situation ever ??
and what he apply for a asylum? obviously he is not in Ireland for an asylum case .
any suggestions please
Thanks

[IggyB]

registrar can simply report you to the immigration without any problem and they will do that. I dont know how you can even think to say that to the registrar.

[IggyB]

Before the marriage

You must notify the Registrar that you are getting married. This must be done at least 3 months before the marriage. You must get permission from the Registrar for the non-EEA national to make the 3-month notification by post. The non-EEA national must meet the Registrar in person at least 5 days before the marriage.
As one of you is an non-EEA national, you will both have to attend a separate interview. Under the Civil Registration (Amendment) Act 2014, the Registrar has the right to investigate and decide whether an intended marriage would be a “marriage of convenience” for immigration purposes.
A non-EEA national who requires a visa to come to Ireland can apply for a short-stay visa (a ‘C’ visa) to visit Ireland.
After arriving in Ireland the non-EEA national should get permission to remain by registering with the local immigration registration officer. In Dublin this is the Burgh Quay Registration Office and you must book an appointment online to visit it. Outside Dublin it is at your regional registration office or your local Garda District Headquarters. Stamp no. 3 will be placed in the non-EEA national’s passport, which means they are not allowed to work in Ireland. You can find information about immigration stamps on the Irish Naturalisation and Immigration Service (INIS) website.
Both the non-EEA national and the Irish national should visit the Registrar in person to get the Marriage Registration Form at least 5 days before the marriage.
The marriage takes place.

[IggyB]

Documents everyone needs

Both of you must bring the original and a colour photocopy of the photo page of one of the following:

passport
refugee card / asylum card issued by Department of Justice and Equality
national identity card from an EU country accepting them as a travel document

Photo ID documents must be in date.

You will also need:

the original and photocopy of your birth certificates
proof of address - original and photocopy dated within last 3 months
your PPS numbers

If your documents are not in English or Irish you must provide translations.
If either of you were born outside of Ireland

If you were not born in Ireland, you will need a birth certificate with an apostille stamp.

The embassy or consular services in the country you were born in will issue the stamp. It verifies the genuineness of the signature or seal on a document.

You do not need to have your birth certificate stamped or verified if you are from: Belgium, Denmark; Estonia; France; Italy; Latvia; or Romania.

You will also need:

proof of address - original and photocopy of a utility bill
PPS number, if you have a current or will have a future address in Ireland
nature of ceremony - civil, religious or secular
name of the solemiser
name and address of the proposed venue
names and date of birth of both witnesses
evidence of civil status - civil letter of freedom to marry

If one of you is not an EU citizen

Please bring up-to-date evidence of immigration status.

[littlerr]

@littlerr
Firstly i like to you to clear something please how we can inform to registrar that we would like to have a civil marriage without his PPS as he does not have legal status here ?
do you think will they consider our application without his PPS??
is there anyone on this forum who had a similar situation ever ??
and what he apply for a asylum? obviously he is not in Ireland for an asylum case .
any suggestions please
Thanks

As I and other people have already mentioned, he CANNOT get married in Ireland. The best scenario is that the registrar simply rejects your application, but more than likely they may also report this to the immigration department who will in turn look to deport him. Why do you so eagerly want to get married in Ireland using an illegal approach instead of getting married in the birth country which will make this whole thing much easier?

[IggyB]

something here is very fishy and very unlawful. I dont think we should even bother to reply to them, I think they are playing some very strange games.