Moving Back to Ireland After an Overstay

[jelti 0]

I'm going to try to make this very long story as short as possible...most of you know this story anyway, but here goes.

I moved to Scotland to study at the University of Aberdeen back in September of 2003. Travelled to Ireland in April of 2004 for three week's holiday. Met Aidan (my now husband) in his hometown in Co. Tyrone (in Northern Ireland), visited back and forth for the remainder of my study-abroad program, but eventually moved back to Florida in June of 2004. Aidan visited me in Florida in August of 2004. We couldn't stand the separation anymore so on October 16, 2004, I flew on a return ticket to Dublin to be with my Aidan. Needless to say, I did not go home after my 90-day tourist visa was expired.

Aidan and I were engaged in February of 2005, decided we wanted to start our lives in Florida, started our US Fiance' Visa application, and in Mid-May 2005, I had to leave Ireland and my Aidan to go back home so I could find work enough to prove that I could support Aidan when he moves to America.

Insert many months of tears and huge phone bills and that brings us to November of 2005. Aidan arrives on the 8th and we're married outdoors under a giant oak tree on November 19, 2005. It was the most beautiful day of my life.

Fast forward to now and Aidan and I are seriously considering moving back to Ireland within the next year or so.

But, of course, there's that little problem of my visa overstay. Oops. Seemed like a good idea at the time. So now we're frantically phoning embassies and consulates left and right trying to figure out what the heck we're supposed to do...do I need an additional visa? Will I get turned away at Dublin airport as soon as I arrive? Can they legally turn me away since I'm married to an Irish citizen? And...can they even turn me away at all since I was technically staying in the north and not the republic?

Does anyone have any advice on this subject? We're starting to get very worried as the months pass and moving back potentially comes closer. Anyone ever been in this predicament?

Any help would be greatly appreciated. Thanks so much.

[Donal78 0]

I doubt anything will happen when you and aidan move back to ireland. Afterall you are married to an irish citizen now. Why dont you ring the irish immigration centre in boston at 617- 542-7654. They will be able to help you.

Check out http://www.oasis.gov.ie/moving_country/mov...in_ireland.html

states that Non-EU/EEA nationals who do not require work permits to work in Ireland

You are entitled to apply for work in Ireland without a work permit if you:

are married to an Irish citizen, or are a parent of an Irish citizen and have been granted permission to reside in the state

also http://www.oasis.gov.ie/moving_country/moving_to_ireland/

I'm going to try to make this very long story as short as possible...most of you know this story anyway, but here goes.

I moved to Scotland to study at the University of Aberdeen back in September of 2003. Travelled to Ireland in April of 2004 for three week's holiday. Met Aidan (my now husband) in his hometown in Co. Tyrone (in Northern Ireland), visited back and forth for the remainder of my study-abroad program, but eventually moved back to Florida in June of 2004. Aidan visited me in Florida in August of 2004. We couldn't stand the separation anymore so on October 16, 2004, I flew on a return ticket to Dublin to be with my Aidan. Needless to say, I did not go home after my 90-day tourist visa was expired.

Aidan and I were engaged in February of 2005, decided we wanted to start our lives in Florida, started our US Fiance' Visa application, and in Mid-May 2005, I had to leave Ireland and my Aidan to go back home so I could find work enough to prove that I could support Aidan when he moves to America.

Insert many months of tears and huge phone bills and that brings us to November of 2005. Aidan arrives on the 8th and we're married outdoors under a giant oak tree on November 19, 2005. It was the most beautiful day of my life.

Fast forward to now and Aidan and I are seriously considering moving back to Ireland within the next year or so.

But, of course, there's that little problem of my visa overstay. Oops. Seemed like a good idea at the time. So now we're frantically phoning embassies and consulates left and right trying to figure out what the heck we're supposed to do...do I need an additional visa? Will I get turned away at Dublin airport as soon as I arrive? Can they legally turn me away since I'm married to an Irish citizen? And...can they even turn me away at all since I was technically staying in the north and not the republic?

Does anyone have any advice on this subject? We're starting to get very worried as the months pass and moving back potentially comes closer. Anyone ever been in this predicament?

Any help would be greatly appreciated. Thanks so much.

Edited June 1, 2006 by galwayman

[jelti 0]

I doubt anything will happen when you and aidan move back to ireland. Afterall you are married to an irish citizen now. Why dont you ring the irish immigration centre in boston at 617- 542-7654. They will be able to help you.

Check out http://www.oasis.gov.ie/moving_country/mov...in_ireland.html

states that Non-EU/EEA nationals who do not require work permits to work in Ireland

You are entitled to apply for work in Ireland without a work permit if you:

are married to an Irish citizen, or are a parent of an Irish citizen and have been granted permission to reside in the state

also http://www.oasis.gov.ie/moving_country/moving_to_ireland/

Oh forgot to say congrats. We will probably be doing the same thing in the next 2 years as we are going to open a service for kids with special needs and kids with autisim in my home county of Galway.

Thanks galwayman! I've read the oasis site inside and out, and have found tons of useful information on it. Unfortunately, I'm still unsure about simply flying over there as they very well could deny me entrance. It's scary.

Aidan's calling the IIC now. We've talked to them in the past and they tried to help as best as they could, so here's hoping they've got some info for us.

And I think it's wonderful what you're planning on doing when you go back home. I hope it all works out!

[Donal78 0]

I found the IIC to be very helpful. I cant imagine them stoping you from returning to ireland.

[meauxna 15]

I doubt anything will happen when you and aidan move back to ireland. Afterall you are married to an irish citizen now. Why dont you ring the irish immigration centre in boston at 617- 542-7654. They will be able to help you.

Check out http://www.oasis.gov.ie/moving_country/mov...in_ireland.html

states that Non-EU/EEA nationals who do not require work permits to work in Ireland

You are entitled to apply for work in Ireland without a work permit if you:

are married to an Irish citizen, or are a parent of an Irish citizen and have been granted permission to reside in the state

also http://www.oasis.gov.ie/moving_country/moving_to_ireland/

Oh forgot to say congrats. We will probably be doing the same thing in the next 2 years as we are going to open a service for kids with special needs and kids with autisim in my home county of Galway.

Thanks galwayman! I've read the oasis site inside and out, and have found tons of useful information on it. Unfortunately, I'm still unsure about simply flying over there as they very well could deny me entrance. It's scary.

Aidan's calling the IIC now. We've talked to them in the past and they tried to help as best as they could, so here's hoping they've got some info for us.

And I think it's wonderful what you're planning on doing when you go back home. I hope it all works out!

Funny, if these answers were flipped around.... "Afterall you are married to a US citizen now." We all know how much *that* does for you.

Why wouldn't you immigrate legally instead of just showing up? Or is there system like other European countries, where you *are* just supposed to show up?

Edited June 1, 2006 by meauxna

[jelti 0]

Funny, if these answers were flipped around.... "Afterall you are married to a US citizen now." We all know how much *that* does for you.

Why wouldn't you immigrate legally instead of just showing up? Or is there system like other European countries, where you *are* just supposed to show up?

We are trying to do this legally. In normal circumstances, I would just show up over there and be issued a stamp saying that I'm a permanent resident. But, since I've overstayed before, I'm not too keen on the "just show up" idea.

[Trompe le Monde 1,107]

I believe in Ireland you turn up and then apply to stay within a few days of entry.

If I'm not mistaken, you don't pass through immigration when leaving ireland (correct me if I'm wrong), so they probably don't have a record of the overstay.

[Donal78 0]

You pass though immigration in shannon if you are flying from dublin. I doubt anything will happen as the immigration people in ireland are not as harsh as our american comrades.

Is it me or is anyone feeling hot today. It is 92 degrees here in new hampshire atm.

I believe in Ireland you turn up and then apply to stay within a few days of entry.

If I'm not mistaken, you don't pass through immigration when leaving ireland (correct me if I'm wrong), so they probably don't have a record of the overstay.

[aidan80 9]

I believe in Ireland you turn up and then apply to stay within a few days of entry.

If I'm not mistaken, you don't pass through immigration when leaving ireland (correct me if I'm wrong), so they probably don't have a record of the overstay.

Correct you don’t pass through immigration when leaving Ireland (at least not that I noticed through Dublin) US Immigration has placed a nice big red stamp on Melissa’s passport showing exactly the date she returned to the US. Therefore the record of the overstay in stamped in her passport..

[aidan80 9]

What we’re trying to avoid is just showing up and hoping for the best at Dublin Airport. We’d much prefer to obtain a visa which would allow Melissa to return back to Ireland with the previous overstay excused . The problem is when I contacted both the Irish Embassy in Washington & the Irish Consul in New York to enquire what the procedure is I was told..

“Contact the US Embassy in Dublin”.. my response was.. “the US Embassy cannot issue a visa for a US Citizen wishing to come to Ireland, they have no jurisdiction to do so.”

I was then asked why we didn’t register with our local Garda station while Melissa was here, my response was “At that point in time I lived in the North, the Garda had no jurisdiction and therefore couldn’t issue permission to remain past 90 days” I also added that we tried to contact the authorities in the North of Ireland to obtain the relevant permission and where transferred to the IND in London (I think?) who really didn’t know what to do with us as.. The IND stated that.. “there are no immigration controls between the North & South of Ireland”.. there is really only a border there on paper and no way of enforcing immigration controls as both states are part of the common travel area between the UK & Ireland and also part of the EU.

I was transferred at one point in time to another “passport” official at the Washington Embassy.. who after spending 10 minutes using broken English on the phone with me became less than friendly near the end.

I asked why Melissa can’t be issued a visa to enter Ireland. Their response was.. stupid to say the least.. “You’re wife cannot be issued a visa for Ireland because she is an American, Americans don’t need a visa for Ireland they get a stamp” my response was, “because of her past overstay she would most likely be turned away if she attempted to enter now therefore she really would need a visa or clearance to enter the country again” I also added “you issue visas to other nationalities who cannot be issued a Visa Waiver” they responded that in fact they did, I then asked again why cant the issue a visa for someone who has broken the terms of the VWP as they are no longer eligible to use the program and most likely be turned away when they attempt to reenter Ireland. I was simply told in an aggravated tone that.. “we are the department of foreign we don’t issue visas to Americans” I then asked, “but you’re an Embassy it’s your job to issue visas to foreign nationals?” I was then told to contact the department of Justice in Dublin as they would be best suited to help. Of course this department only accepts calls from 10:00am – 12.30pm Monday, Wednesday & Friday!

I’m ashamed to say the least at the lack of intelligence, common sense and total lack of professionalism I’ve encountered so far, lets not even mention of complete lack of policy in this area of Irish immigration!

The sad thing about it all is.. if we arrived through Belfast (in the North of the country), crossed the invisible border and registered with the Garda all would be right again ? It’s all really insane! We really don’t want to arrive via Belfast due to.. longer flights and the flights costing up to and over 2x and 3x as much as Dublin. Grrr..

[jelti 0]

Just thought I'd post an update to this story in case anyone's interested!

Aidan called the Department of Justice in the Republic this morning at 5:00am (10:00am over there). He talked to a very nice woman who basically said that since we're married, my overstay will most likely be forgiven. She said it would be highly unlikely for me to be turned away at Dublin airport and that all I need to do is show the immigration officials my passport and marriage license, and possibly some evidence that I was indeed staying in the north.

Thank goodness that's taken care of.

Thank you all for your responses!

[Reba 2]

good luck on your move!

I just wanted to say that if you return to Co. Tyrone to say HI to my very distant cousins there for me! They have no idea who I am of course, I haven't had a chance to go meet them yet, but we are most definitely related!

*snarf*

[TracyTN 237]

Good information, you two. I'm glad you finally got some answers!!

[jelti 0]

good luck on your move!

I just wanted to say that if you return to Co. Tyrone to say HI to my very distant cousins there for me! They have no idea who I am of course, I haven't had a chance to go meet them yet, but we are most definitely related!

*snarf*

Will do, Reba!

Thanks, Tracy!

[Sister Fracas 5]

Just thought I'd post an update to this story in case anyone's interested!

Aidan called the Department of Justice in the Republic this morning at 5:00am (10:00am over there). He talked to a very nice woman who basically said that since we're married, my overstay will most likely be forgiven. She said it would be highly unlikely for me to be turned away at Dublin airport and that all I need to do is show the immigration officials my passport and marriage license, and possibly some evidence that I was indeed staying in the north.

Thank goodness that's taken care of.

Thank you all for your responses!

you guys don't do things the easy way, huh? Good luck!