De Facto Partner of Irish Citizen – Family Reunification

If you are from a visa required country, you will need a visa to travel to Ireland.

You can check if you are from a visa required country here.

De Facto partners have Visa Preclearance requirements you can read about here.

If you require a visa and are a de factor partner of an Irish national, this post will give you information about the application process.

A de facto partner includes an opposite-sex partner, a same-sex partner, who is not married or not in a civil partnership with the other person.

If this person wants to come to Ireland to join a partner for longer than 3 months, they can apply for an long stay D visa.

If you have any questions, we will be happy to help.

De Facto Partner Permission to Remain

Sponsor

The sponsor is evidently the Irish citizen in this application type, while the family member is the de facto partner.

Permission to Work & Live – Stamp 4

The de facto partner of the Irish person needs to obtain Stamp 4 upon registration in order to have permission to work while in Ireland.

The permission, if granted, will be for 1 year subject then to any renewal.

De Facto Partnership Criteria

A non-EEA country national seeking to remain in Ireland and apply for this long stay D visa should be over 18. If partners are married there is no minimum relationship period needed.

If you are in a de facto partnership, you must be in a committed relationship like a marriage or civil partnership for this family reunification application. Cohabitation for 2 years prior to the application is required.

This family reunification application is a joint enterprise between the applicant and the sponsor resident in Ireland. The sponsor can be an Irish citizen or person lawfully resident here.

The application is made to the Minister for Justice on the avats platform. One has within 30 days from completion of the online application to submit your documents and fee.

Government official documents, such as, a birth certificate etc. must be attested by the persons Ministry of Foreign Affairs in their country in order to satisfy the Irish Immigrtion Service Delivery the documents are true and genuine. This is if the person is from outside the EEA European Economic Area or Switzerland. Documents translated, such as, a birth certifiate also should be attested as genuine.

De Facto Partner Family Reunification Application

The application is completed by the de facto partner who is seeking permission to reside in the state.

The applicant and the sponsoring partner must be able to show they can financially support themselves without requiring any public funds.

The application is made to the De Facto Unit, Irish Naturalisation and Immigration Service, PO Box 12695, Dublin 2.

If the sponsor is an Irish citizen, they must have earned gross income not below €40,000 over a three year period prior to the application being made.

The application form information particulars require application identity details, passport details, relationship history, immigration history, partner details, child details etc.

You will have to provide documentary evidence of cohabitation for the 2 years, financial statements, any joint banking account information, residence documents, employment documents/study documents if relevant. A committed relationship akin to a marriage must be proved to exist.

The sponsor will likely not be eligible for the scheme if they were already a sponsor in like relationship in the previous 7 years. The non-national cannot avail of this scheme if already obtained this permission type in the previous 7 years.

If the couple separate, there are no rights of retention to remain in the state generally.

Pre-Clearance Visa Permission

Pre-clearance should be sought from outside the state for both visa and non visa required nationals.

Visa administration fees are €100 for the preclearance application and €60 for single entry and €100 for multiple entries for visa required nationals. Certain nationalities are visa fee exempt.

Visa Decision

If your application is granted, you will receive a Permission Letter from the Immigration Service Delivery.

You and your partner should attend the local immigration registration office to register.

De facto partnership permission, if granted, gives one permission to reside in Ireland as the de facto partner or legal resident on a stamp 1, 4 or 5.

If you obtain this residence permit, and after registered with immigration services, you will obtain an Irish Residence Permit IRP card.

Visa Decision Appeal

If an applicant is unsuccessful in their application then reasons will be furnished to them for the refusal. If an application is refused, the applicant only has a short timeframe to appeal.

Immigration Registration

A successful applicant ie the partner and the Irish person must attend for an appointment with the Garda National Immigration Bureau GNIB for registration.

Immigration Lawyer

If you have questions about visas, you can speak with an immigration lawyer on (01) 546 1121 or  (052) 612 1999.

Disclaimer

Please be advised that the above-mentioned material is intended as an overview and as a broad outline of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.

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