De Facto Relationships Ireland

annabanana922 wrote: »

Hi,

I applied at the same time as you, still haven't heard anything, just wondering of you have?

Hi annabanana,

I Called them last week and they told me that my application was due to be analysed this week or next week. I have been taking a look in my mail box everyday since monday this week. Lol. Anyway, I will call them again tomorrow. You could do the same. Tomorrow I will let you know what they said.

My biggest fear is that they will ask more documents however I sent everything that they asked on their website and I really dont know what else they could ask.

annabanana922 wrote: »

Anytime I've tried calling I haven't got an answer just on hold! Hopefully tomorrow will be different! Out went in on 19th so should be anyday now! Ridiculous that they are in there 6 months now and not look at! So frustrating! I'm going to send additional info tomorrow proof of health insurance still being paid photos etc!!

Hi Annabanana,

I tried to call them today but the canceled the phone helpline. I believe that everybody was calling them due to the delays.

At least we are close to get an answer from them. I believe that they wont refuse our application since we have been waiting for so long. Why are you sending the proof of health insurance? they didnt ask this.

I hope we will get any answer this week or next week. As soon as I get this visa approved I will make a formal complain for this service, and I think that everybody should do it also. I believe that it is unacceptable that people in a De Facto relationship with an Irish cz need to wait 6 month to get a reply from them while people that date EU cz usually get a reply after just 4 or 6 weeks. I believe that 6 months just to open our application is too much time and on top of that we still have to pay 300 euros fee for this terrible service, while the ones that date EU cz dont have to pay it.

In my case, I actually applied in octuber 2013, but to the address that they put on their website that was wrong. That address was just for De facto relationship with EU cz,. It took 4 weeks for they reply me back and send it to the correct department. So I have been waiting for more that 6 months.

Anyway, Just let me know when you receive your reply. I hope it will arrive soon.

Best Luck.

annabanana922 wrote: »

Hi vbie,

I tried calling Aswell, so pissed off they cut off the one way you can contact them it's a joke! I will definatly be making a complaint after! They didn't ask for anything extra but I've read posts that health insurance is a big thing so worth a shot! We applied on the on the 19th of November!

Hi Annabanana and everybody,

I have great news. I recieved a call from INIS today. They said that my application was approved and they told me that I would receive my documents next monday. I am really relieved because I wasnt able to work or study here since my last visa expired during my application.

Its great news to recieve on a friday and I defo will celebrate. After all, I believe that All the time I spent methodically organizing the documents for easier analysis and all the calls I made really helped.

I will let you guys know when I get more information about it.

annabanana922 wrote: »

That's great news!

Unfortunately I still haven't heard anything and I'm worried now becUse mine was in before yours😳

Hi annababana,

I am sure that everything will be ok. Maybe the person who looked your application did call you but sent the documents already. I went there and I will need to go again on monday to get by GNIB card.

They said that I will need to bring the Health insurance also. Do you have any ideal which one is the cheapest and better to get a quote? I really dont want to spend so much money on it now.

Hi I would like advice about my situation I am currently in a relationship with a man with candian passport. We have been having a long distance relationship over the last year in the Middle East. We both lived in neighboring countries and visited each other quite frequently.i moved back to Ireland in December as I am pregnant and baby due in 3 weeks.My boyfriend moved to uk to be nearer to me, he got a visitor visa for 6 months and has been trying to see if his could getting sponsored there to work. However it does not look like this will be possible. I have british and Irish passports so wondering is it better to apply for defacto visa in England or Ireland ?? I know you have to be in a relationship for 2 years to qualify for defacto visa but does it change situation if we are having a baby together ?? I don't want to be separated from my boyfriend its causing a lot of stress for us if anyone has advice would be gratefully appreciated

annabanana922 wrote: »

The Irish defacto takes six months at least for a decision which is terrible, they are also very strict about the 2 year co habitation rule, I have read before thought that they granted a stamp three (I think that's means you can stay but not work) to people who are expecting children then they review it at a later date.

There is no application form you just have to build a compelling case to prove your relationship.

Hiya, As anna banana said, the De facto application can take 6 months, however, if you apply with your british passaport you can get an answer earlier, but because you two havent lived together, I believe that it will be difficult to get the stamp 4 by this way here in Ireland. I dont know nothing about De facto visa in UK.

I have no idea about what do they do if a non-EU is expecting a baby, To clarify it I believe that you should send an email to them and ask about that anonymously if you prefer.

The easier option for you would be to get marriage with your non-EEU boyfriend.

If you prefer, I could give you a contact of an INIS expert that could help you clarifing how you can apply, however he would charge you a fee for doing it.

Ps.: I found this information Online that may help you:

Citizensinformation website

Parents of Irish citizen children

On 8 March 2011 the European Court of Justice (ECJ) ruled in the Zambrano case C 34/09, that an EU member state may not refuse the non-EU parents of a dependent child who is a citizen of, and resident in, an EU member state the right to live and work in that member state.

The Department of Justice and Equality is examining the cases of non-EEA parents of Irish citizen minor children which may meet the criteria specified in the Zambrano judgment. If they meet the Zambrano criteria, the non-EEA parents may be given permission to live and work in Ireland without the requirement for an employment permit or business permission. There is a list of frequently asked questions about the Zambrano judgement on the website of the Irish Naturalisation and Immigration Service (INIS).


INIS Website

European Court of Justice Judgment in the Zambrano case

The European Court of Justice Judgment in the Zambrano case, delivered on 8th March, 2011, ruled that Member States are precluded from refusing a third country national upon whom his minor children, who are European Union citizens, are dependent, a right of residence in the Member State of residence and nationality of those children, and from refusing to grant a work permit to that third country national, in so far as such decisions deprive those children of the genuine enjoyment of the substance of the rights attaching to the status of European Union citizen. In Ireland, this ruling refers to the non EEA national parents of Irish born citizen minor children.

Arising from this Judgment, the Department’s Repatriation Division will be examining all cases where a link to the Zambrano Judgment has been identified to see if such cases meet the Zambrano criteria. Where the Zambrano criteria is met, all other things being equal, permission to remain in the State will be granted, for a specified period, of a nature as will enable such parents to work in the State without an Employment Permit or to set up in any legitimate business or profession without seeking the permission of the Minister.

This Judgment may be particularly relevant to the following categories of third country national:

1.parents of an Irish born citizen child or children who are awaiting a decision in their case under Section 3 of the Immigration Act 1999 (as amended),
2.parents of an Irish born citizen child or children who have current permission to remain in the State on the basis of Stamp 1, Stamp 2 or Stamp 3 conditions and
3.parents of an Irish born citizen child who have been deported or who have left the State on foot of a Deportation Order.

Persons referred to at 3. above will have to apply to the relevant Irish Embassy or Consulate in their own country of origin for a visa to return to this State and they will, at that point, be required to produce documentation which shows a clear link to the Zambrano Judgment. Such visa applications can be made on-line through the Automated Visa Application and Tracking System (AVATS). Comprehensive guidelines for making a visa application, including details with regard to the required supporting documentation, are available elsewhere on this website.

As a matter of public policy, the Department will not be applying the terms of the Zambrano Judgment to any third country parent of an Irish born citizen child or children who has been convicted of serious and/or persistent criminal offences.

For those parents of an Irish born citizen child or children who feel that they might be in a position to meet the criteria laid down in the Zambrano Judgment, they should be aware that, in addition to documentary evidence being required from them, DNA evidence of a biological link to the Irish citizen child or children may also be required.



Information specific to persons who have no current right of residency

Any person who is in the State and has no current right of residency, but who wishes to have their case considered in line with the principles of the Zambrano Judgment, must submit the following documentation to the INIS’ Repatriation Division (full address below) before their case can be considered:
•A colour copy of the bio-data page of the Irish born citizen child's passport,
•The Irish born citizen child's original Birth certificate - a copy is not acceptable,
•A colour copy of the bio-data page of the applicant's own passport,
•Two colour passport sized photographs, signed on the back by the applicant,
•Documentary evidence that the Irish born citizen child is living in the State,
•Proof of the applicant's address and residence in Ireland (e.g. current utility bills etc.),
•Documentary evidence of the role the applicant is playing in his/her child's life (e.g. letters from schools, crèches etc.) and
•Any other information that the applicant considers relevant to his/her case.



In addition, an applicant must provide answers to the following questions:
•Has he/she ever been convicted of a criminal offence in the State or abroad? If so, he/she must provide specific details.
•Are there any charges pending against him/her in the State or aboard? If so, he/she must provide details.
•Are there any Court Orders against you in relation to Family Law matters e.g. Barring Order, Care Order, Protection Order, Safety Order etc?



Information specific to persons who have an existing right of residency but wish to have their status upgraded to facilitate full access to employment

Any person who has an existing right of residency in the State, for example on the basis of Stamp 1 (work permit), Stamp 2 (students) or Stamp 3 (spouse or dependant) conditions, who wishes to have their status upgraded, in accordance with the principles of the Zambrano Judgment, to facilitate full access to employment, should attend at their local Garda Registration Office and have the following documentation in their possession:
•their own Passport,
•their current GNIB Card,
•their child's Irish Passport,
•their child's Birth Certificate and
•documentary evidence of their address in the State.



NB: The Irish born citizen child must attend with his/her parent(s) on this occasion.

Where such persons are found to satisfy the Zambrano criteria, then, all other things being equal, their status will be upgraded to Stamp 4 conditions. However, in circumstances where the Garda Registration Office is not satisfied that a person meets the Zambrano criteria, the case will be referred back to the INIS’ Repatriation Division for further examination.

Good luck!

Martine30 wrote: »

Thanks for advice it is much appreciated. From what I was told by citizen advice department getting married does not make much difference. If all else fails my boyfriend will have to come and go as visitor for another year. Maybe then we will have enough evidence and we will qualify for defacto visa as will be together 2 yrs then. I have house here with no mortgage so financially it makes sense for me to stay here with the baby and also will need family support with the baby.if you could send me immigration expert you recommend I would really appreciate it thanks again

NP.

I was told that marriage is the easier way to get the stamp 4 and actually I have some friends that got it by this way because they didnt have 2 years together as needed to apply in the De facto Relationship. Maybe you should check it again.

Anyway, here is the information of the company I told you.(Boards website doesnt allow me to put links or email here)

Philip Ryan immigration and security consultant
Phone number+353 85 856 7270
Website: ryanimmigration,ie

Good Luck

Hi vBIE,

My girlfriend and i are currently going through this process. What did you do when your visa expired while your de facto was still being processed? My girlfriends visa is due to expire in August 6th and we may not receive the Stamp 4 by then. Thanks and any info would be helpful

vbIE wrote: »

Hi Annabanana and everybody,

I have great news. I recieved a call from INIS today. They said that my application was approved and they told me that I would receive my documents next monday. I am really relieved because I wasnt able to work or study here since my last visa expired during my application.

Its great news to recieve on a friday and I defo will celebrate. After all, I believe that All the time I spent methodically organizing the documents for easier analysis and all the calls I made really helped.

I will let you guys know when I get more information about it.

Hi guys.. as many here I'm worried about the 2 year rule and as I far as I know they are being reeally strict about that! Im Brazilian and my boyfriend is Irish.. we will be together for 2 years by the time we apply for the defacto visa.. but we will be living together for 1 and 1/2 years or something like that. We intend to get married in case they refuse the application. I have a few questions:

1. We are gonna apply for the same thing in Brazil.. where is much easier to get. I was told you just have to go to the office and sign the papers. Would that help us here? Could they take that into consideration because we won't be living together for 2 years yet but are, by the laws of Brazil, partners already?

2. If they refuse, would they give us time to get married if we decide to do so? I think it takes 3 months to get married here because you have to book a time in the office or something. I'm worried they will tell me to leave the country and we wont be able even to get married before that.

If someone knows something to help us, please, let us know. Thanks!

Hi everyone,

I read this boards a ton while prepping my application, which I submitted July 30. I'm American engaged to an Irish guy. We did NOT live together for 2 years (only 14 months) and I found out today that my application was rejected.

Just a heads up for anyone else trying.

rasher83 wrote: »

Hi everyone.
I am Irish, and been living in canada with my girlfriend for almost 7 years.
I am moving back to Ireland with her in 10 days and it is our intention to stay in Ireland.
I was under the impression (from other sites / threads i read over 6 months ago) that for her to be able to stay and get a stamp4 (i think) that we declare at the border of entry that it is our intention for her to stay in the country and that we are going to the INIS offices to apply for defacto and that we would have to wait all day to be seen and then sent to a garda office to get her stamp (sounds easy).
I've this morning been reading that some of you are applying for things before you come and waiting a year for approval for various parts.
Have we made a serious mistake here in assuming we can get this process underway in Ireland?
We have return tickets for december as we are returning here to her family for Christmas.
I guess the worst case scenario is she enters as a visitor until then??? and we apply in Canada???
can someone offer me some words of reassurance or advice. I am freaking out right now, we are moving over our dog, at great expense, furniture, everything.

HELP!!!

Hi there,

I believe Canada is a non-visa required country (like the US) so you cannot apply until you're in Ireland. Unfortunately, it's not just a trip to the INIS office. Your partner must submit an application to reside as a de facto partner with you as her sponsor. There's no formal application form, you just have to submit loads of requested evidence that your relationship is real and you have lived together more than 2 years. Then you mail it in and wait anywhere up to 6 months for an answer.

She will enter as a visitor for 90 days but just tell then that she'll be applying for residency. Hope that helps. I can't post the website but look up INIS De facto

rasher83 wrote: »

Hi, thanks for the reply, I have also read about some new changes as of march, specifically to have all defacto relationships precleared prior to entry to the state. Are you aware of that new legislation when you say we can still do it form inside the state?

Thanks,
Denis

That doesn't apply to her because Canada is not a visa required country and that only applies to type C short stay visas from visa required countries.

scrap that last bit, i just finally twigged that she will have NO visa, just a visitor stamp in her passport.

does anyone know if the family settlement unit has been set up yet?

as i am reading also that INIS will cease to process applications form within the state from anyone present in the state on a visitor permission when the "Family Settlement Unit" has been set up.

Much appreciated,
Denis

tonydub2 wrote: »

Hi guys,
Just a note to advise people that we got our approval this morning. We applied in Dec 2013 for full de facto.
It is taking 8 months at present to process applications. I am happy to advise anyone going through process. The main advice right now would be
A) Keep in touch with boards.ie (great resource)
Keep up to speed on legislation changes
C)Keep in touch with your immigration officer.
I am an Irish citizen..... my partner is American.
Good luck keep persevering.

Tony, did you and your partner apply for defacto from within Ireland? or in USA?
Thanks,
Denis

Hey, I noticed on the INIS website that for the de facto visa you have to be living in Ireland or intending to live in Ireland.......so applications from abroad are okay or no ?

I'm an Irish citizen and my partner is a New Zealander. He had stamp 4 previously as we used to live in Ireland, but it looks like INIS have changed application process dramatically since we were last in Ireland.