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Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10174
Experience:  Barrister 17 years experience
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I have met and really care about a guy living in Ireland

Customer Question

Hi, I have met and really care about a guy living in Ireland but from Morocco. I am an Irish citizen. He had a visa to live and work here for a year but it has expired.
I want to help him get the legal advice needed so that he knows what to do to stay in the country if he can. I've heard different stories and opinions from different people but none of it is helpful, just confusing as each case is individual.
I really just want straight forward advice and steps needed to pursue him staying in the country to work and pursue a future with myself.
I'm legally separated 2 years and 6 months.
I have a 10 year old son.
He is educated and would contribute to the economy here but he cannot find work as he is illegal here. He is currently working for a low wage in a guest house and staying there but he is pushed out.
Just don't know what to do next.
Your Advice would Be Much appreciated.
Thanking you in advance.
Submitted: 7 months ago.
Category: Republic of Ireland Law
Customer: replied 7 months ago.
I'm living in Ireland and so is he. I'm looking for the correct action to take here in Ireland. I have received an email to say you have received payment. When am I going to get a reply?
Expert:  Nicola-mod replied 7 months ago.
Hello,
I am a moderator for this topic.
This has been posted in the wrong category. I will move to the correct place for you now and hopefully an Expert will be able to help.
Thank you,
Nicola
Customer: replied 7 months ago.
Hi
Thank you, ***** ***** forward to getting a responceAnne
Expert:  Buachaill replied 7 months ago.
1. Dear *****e, can you provide more information about the visa your boyfriend had to live in Ireland for a year. What type was it? Are you divorced? How long have you been living apart from your husband? What is the occupation of your friend (not guest house)? Does your boyfriend have capital to invest in Ireland and how much?
Customer: replied 7 months ago.
Hi there
Thank you for the reply and I am happy to provide you with that information.The visa was just a tourist visa for 3 weeks I have just found out. He is now in the country just over one year. He spent the last seven years working in South Africa as a Kitchen Manager under a two year work permit. Previous to getting the work permit he was an Assylum seeker which he had to extend every six months.He has a diploma in Nursing which he got in Morocco and I have seen the diploma. He has up to date computer skills and received training to be the manager when he was in South Africa. He is 32 years of age.He has savings but does not have capital or sufficient money to start a business here in Ireland.I am not divorced but am legally separated over 2 years. I work as a supervisor part time and see a future with this guy. We plan to get married but obviously I have to file for divorce in the future. If you can clarify how long I have to be separated before I can proceed with it.I would be grateful of you can give me some idea of what to do next if there is anything that can be done to apply for him to stay here in Ireland.Thanking you
Anne
Expert:  Buachaill replied 7 months ago.
2. Dear *****e, the best solution to the visa issue is for you to enter into a civil partnership with your Moroccan friend. You don't have to be divorced in order to obtain a Civil Partnership. You can still get a civil partnership even though you are not divorced. Then he can claim a visa on the basis of being in a settled relationship with you. This will ensure a visa is granted on the basis of the settled relationship with you. Other grounds, such as a Critical Skills visa can be considered, but he does not appear to have the necessary computer related skills in order to obtain such a visa. This would need an employer who would employ him for one of the categories of skilled computer programmers.
Expert:  Buachaill replied 7 months ago.
3. If you have further queries, I will be happy to help. However, the fact he didn't have a visa to come here in the first place would militate against some of the other categories. He would have to leave and then apply for a visa. Please Rate the answer.
Customer: replied 7 months ago.
Thank you ever so much for your responce. At least now, I know the correct legal options my partner has.If we entered into a civil partnership would he have to leave the country then and apply for a visa to re enter on the basis of our settled relationship. Or can he apply for the visa whilst staying in this country.Also if a company was willing to hire him, and provide him training but say that he had the necessary computer skills, could he obtain a visa this way?Also what other skills fall under this way of obtaining a visa?Thanking you againAnne
Expert:  Buachaill replied 7 months ago.
4. There would be no need for your partner to leave Ireland in order for you to celebrate a civil partnership. However, in order to be visa compliant, he can apply for a fiance visa to come into the country. This would mean he was legal at the time of celebration of the civil partnership. He could then apply for a more permanent visa based on the civil partnership.
Expert:  Buachaill replied 7 months ago.
5. Here is a link to the Critical Skills visa website https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Permit-Types/Critical-Skills-Employment-Permit/. This governs the coming into Ireland of people who have certain specified skills which the Department considers desirable. If you look at the Highly Skilled Eligible Occupations List here https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Highly-Skilled-Eligible-Occupations-List/ you will see what occupations qualify. It is then a matter of getting an employer who will make the application on his behalf.

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