Visa refused to get married in Ireland

#1 Nov 21st, 2017, 03:07
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Hi. I'm an Indian and my girlfriend is Italian living in Ireland. I've been in Ireland for 3 years and back in India for the past one year. We were planning to get married in Ireland this November. I applied for a visa for 90 days with all the documents. But the visa was refused because they mentioned I don't have intention coming back to India even though I ve provided my last three months payslip and letter from my employer. The reason they mentioned was that I didn't provide them enough reasons to stay there for 90 days for the marriage. I thought it was Max 90 days so why not get married and stay for a couple of months before I return and apply for a spouse visa. Now I'm planning to apply for an appeal but I'm not sure what reasons I should give them so they would believe I'm not gonna stay there longer. We were also considering to get married in India now. Yes she posted in this forum about getting married in pondichery. I'm inquiring the sub registrar soon. I want to know if anyone could help me what I should write in my appeal? Should I tell them that I will return in few days after marriage or anything else? Or is it better if we get married in India. Coz some say that since she is an Italian citizen working in Ireland, it's hard for us to get married in Ireland.

Thanks for the help.
#2 Nov 21st, 2017, 03:28
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Originally Posted by anbu369 View Post But the visa was refused because they mentioned I don't have intention coming back to India even though I ve provided my last three months payslip and letter from my employer. The reason they mentioned was that I didn't provide them enough reasons to stay there for 90 days for the marriage.


Thanks for the help.
Where do you plan to live after marriage ? If in Ireland, do not appeal now when you have no family rights.

Are you from Pudducherry ?
#3 Nov 21st, 2017, 12:54
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We do plan to live in Ireland after Marriage. I live in Chennai but my girlfriend is visiting me in less than a month and we are planning to visit pondichery so wanted to know if we can do the marriage in Pondichery. But after reading about the requirements, I think we will do it in Chennai. I just wanted to make sure if it is worth to appeal on the refusal. Why do you think I shouldn't appeal and is there any suggestion on what we could do?

Thanks
#4 Nov 21st, 2017, 17:39
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I think you applied for the wrong visa! With a tourist visa you have to leave the country, it cannot be extended or changed into another visa.
And as you said, you wanted to live in Ireland, they were right in assuming that you will not leave. On top of that, you applied for 90 days, which is legal, but you proved that there are not many reasons that you need to be in India or return there. A normal holiday would be 2-3 weeks, more is not possible for normal employees.

I do not know about visas for Ireland. Isn't there one that allows you to get married and stay afterwards?

If you want to get married in India, check with the marriage registrar that is responsible for the area where you live which documents you will need. To get married under the Special Marriage Act is usually the easiest way.
#5 Nov 22nd, 2017, 12:24
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Originally Posted by anbu369 View Post We do plan to live in Ireland after Marriage.

and we are planning to visit pondichery so wanted to know if we can do the marriage in Pondichery.
You did not do any basic research, and you sent your spice to post, making us do the research for pudducherry

Quote:
Originally Posted by anbu369 View Post Why do you think I shouldn't appeal and is there any suggestion on what we could do?
Before you appeal, you should ask your spouse2be, an Italian national living in Ireland, what the documents she has to produce for you to show for an appeal. She should visit the closest INIS office to get a face2face, which is always better than bhatkofying from one website to another online-rabbithole.


Other than that, you cannot apply for a D type schengen visa, as Ireland is not in Schengen.

If you applied for a Tourist Visa, and if you appeal, and there is doubt, it could jeopardize your application for marriage visa.
#6 Nov 22nd, 2017, 18:14
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Thanks for the reply. As far as I've seen, marriage in India needed both the party to live here for a month and it was not possible for her to take a month off. So we didn't consider it but after the refusal, we thought we would look into the opportunities here and I was wondering, Pondi being a UT, the rules would be different. And I never came across India Mike in google search until she did anyway now I am talking to the registrar office in chennai to get proper details about the special act of marriage and see what we can do. And regarding the appeal, we have already submitted enough documents like letter from her work, house agreement, statements, paslips etc. we are talking to a lawyer too if they can help. I will post here if there is any progress.. thanks for the help guys
#7 Nov 22nd, 2017, 23:13
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#7
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anyway now I am talking to the registrar office in chennai to get proper details about the special act of marriage and see what we can do.
Please take the same advice as I gave to your future spouse: Google the Special Marriage Act and read it carefully two or three times. It is written in fairly straightforward English with very little legalese. There are not that many such marriages, compared to the religious sorts. Your registrar may not be very familiar with the requirements him/herself. If you're lucky, and you get one like the registrar that married me and Mrs N, they will read it properly themselves and interpret it properly. If you are not so lucky, you may get some guy[-ess] who makes it up as they go along. You need to know what is required of you, and what you are entitled to.

All the best
~
Life gets aadhar every day.
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#8 Nov 22nd, 2017, 23:25
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Originally Posted by anbu369 View Post And regarding the appeal, we have already submitted enough documents like letter from her work, house agreement, statements, paslips etc. we are talking to a lawyer too if they can help. I will post here if there is any progress.. thanks for the help guys


These are the types of visa that Ireland issues. What visa did you apply for ? The one you got rejected for ?
#9 Nov 23rd, 2017, 04:13
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Looks like you should have applied for the marriage visa: http://www.inis.gov.ie/en/INIS/Pages...nership%20Visa
#10 Nov 23rd, 2017, 04:30
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I applied for the marriage visa..
#11 Nov 23rd, 2017, 04:33
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That's exactly my problem.. Coz when I was trying to get a freedom of marriage certificate, they didn't even know what it is and they wouldn't understand even if I showed them the official page explaining it. That kind of worries me.. That's why I started looking online if anyone would help me with it but as you said, it's different in different areas.. I am gonna give a try with the registrar office in Chennai and see what they say
#12 Nov 23rd, 2017, 07:07
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Originally Posted by namaskaram View Post Looks like you should have applied for the marriage visa: http://www.inis.gov.ie/en/INIS/Pages...nership%20Visa
NO ! He & the Spice do not qualify.

Quote:
Originally Posted by anbu369 View Post I applied for the marriage visa..
In mean streets of Mumbai - there is a word - Dhakkan. You were not eligible for Marriage visa based on what you, and your spice before posted here.



Quote:
Originally Posted by anbu369 View Post That's exactly my problem.. Coz when I was trying to get a freedom of marriage certificate, they didn't even know what it is and they wouldn't understand even if I showed them the official page explaining it. That kind of worries me.. That's why I started looking online if anyone would help me with it but as you said, it's different in different areas.. I am gonna give a try with the registrar office in Chennai and see what they say
Take a deep breadth !

Read all relevant documents from authoritative sources. Don't waste your time and money with lawyers when you are not even sure if all the documents they ask, are what you have.

This is what you have said here -
  • You visited Ireland before, for a few weeks to few months.
  • Your second attempt at getting a visa was denied.
  • You applied for marriage Visa.
  • You thought it was cool and okay to get married outside your domicile, Chennai.

Now you are in a pickle.

Get the list and requirements from the registrar who oversees the district/para/mohalla/barrio/favela where you live. If he says she needs to be here for 30 days...
Your spice should cancel/postpone her visit. Why ? It's Chennai - You cannot challenge if you want to get married here. Unfortunately you cannot pick and choose where in India you want to get married.

Your plan B is to get married in one of the former #brexitian colonies where you can easily visit without visa hassles.

Good Luck !
#13 Nov 23rd, 2017, 13:32
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#13

Visa refused to get married in Ireland

Oh tut tut, nycank.. Mices and mouses, species and...



The singular is spouse! And, in that case, he (or she) are not even that yet. When we have spice here, we will have had success!

Until then, I suppose we have a pair of fiances, with our without those odd French accents about which I have no clue.

Good luck to the prospective spice. Especially as one of them has started to look in what might be the right place.

I repeat, though... Do not go empty-headed to the registrar... Go with your own head full of the SMA requirements. Whether you can go empty-handed or not is a matter of luck. Our registrar was one of those govt officers who will retire poor: she would not even accept a box of sweets. I wish we could have registered or house there!
#14 Nov 23rd, 2017, 21:07
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#14
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Originally Posted by Nick-H View Post Oh tut tut, nycank.. Mices and mouses, species and...



The singular is spouse! And, in that case, he (or she) are not even that yet. When we have spice here, we will have had success!

Until then, I suppose we have a pair of fiances, with our without those odd French accents about which I have no clue.


When you walk back home in the dark in wrong side of the track, everyday; and mumble "spouse, spouse..." its becomes like a mantra. On the other hand spice sounds sliky and smooth as Chianti Reservo ! or a bottle of Malbec

{ontopic}

It is called the interaction effect. Like dominos, ConsOff (Consular Officers) everywhere are getting upitty. Though Ireland should be becoming more open and accommodating. Our resident expert, ex-mod, could chime in !
#15 Dec 15th, 2017, 04:39
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#15

Just FYI

Thank you all for your help!

I just wanted to confirm (I managed to speak with an immigration lawyer) we did apply for the wrong type of visa, the marriage visa is for foreigners who wish to get married in Ireland and none of them is Irish or an Irish resident.

If anyone might ever need this, I'd say you should apply for the tourist visa.
Once the marriage is registered in Ireland (which takes about a month), you can request a residency card to the Garda which is valid for 6 months and it is temporary. Within those 6 months they will process the permanent residency card which is valid for 5 years.

Now I'm an expert

Hope it's useful,

Elys

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