Civil Partnership & Foreign Other Half

LegacyUser

Hey all,

I have something on my mind that I've been wondering about lately.

Right.. so when two lads get civil wed.. say one is Irish and the other isn't a European Citizen, does this give them the rights of their Irish partner to be allowed live and work in Ireland as normal as you or I?

I think I make sense here..

L1011

No. There is no provision for immigration rights in the civil partnerships bill.

As it stands, even a "normal" marriage gives no automatic rights to a non-EEA spouse. They need to apply in writing to the INIS from outside of Ireland to gain a right to enter/remain. If they're granted residency they can work here.

The INIS recognises "de facto relationships" and doesn't specific if they only apply for mixed-sex couples however:
http://www.inis.gov.ie/en/INIS/Pages/WP07000278

I have a distinct feeling there was a court case over this though - someone else might remember?

dny123456

Myob is correct, no legal provision. However, if anyone is in this situation, they can write to minister for justice and you may be lucky and get leave to remain. There are certain conditions though, like you need to be able to support yourselves and have health insurance etc.

Immigration law (not just for same sex couples) is a bit of mess im afraid.

Annasopra

Firstly - there is absolutely no certainty on this situation as it stands because the Civil Partnership Bill has still not been passed. The very important point to make is that amendments can be made.


Here's some analysis of the current bill

http://www.marriagequality.ie/download/pdf/immigration_and_same_sex_couples_in_ireland.pdf

http://www.immigrantcouncil.ie/images/9461_comments_civil_partnership_bill.pdf

It should be noted that in June 2009 when the legislation was published that the Minister did commit himself to addressing this situation

http://www.google.ie/url?sa=t&source=web&ct=res&cd=7&ved=0CBcQFjAG&url=http%3A%2F%2Fwww.glen.ie%2Fpress%2Fdocs%2FPress%2520Release%2520on%2520Publication%2520of%2520CP%252026th%2520June%25202009.doc&rct=j&q=civil+partnership+bill+immigration&ei=4Cj3SunIJIOl4QaJm8jlAw&usg=AFQjCNHJw3EOlLIgIrvK5UPj20_yfKNkjw

shoegirl

MYOB wrote: »

As it stands, even a "normal" marriage gives no automatic rights to a non-EEA spouse. They need to apply in writing to the INIS from outside of Ireland to gain a right to enter/remain. If they're granted residency they can work here.

You're right there. Its not discrimination on the grounds of sexuality, its just supposedly to prevent "sham" marriages done for purposes of residency.

John Player

in march 2008 they changed the work permit rules to say that if you have a civil partnership somewhere else, it applies to ireland

''IRELAND – Qualifying Same-Sex and Unmarried Opposite-Sex Domestic Partners Now Eligible For Employment Permits


EXECUTIVE SUMMARY: Qualifying foreign nationals in same-sex and unmarried opposite-sex domestic partnerships -- known as de facto relationships -- are now eligible to apply for an Irish Employment Permit.

Non-European Economic Area (EEA) nationals who have been granted residency on the basis of a qualifying same-sex or unmarried opposite-sex domestic partnership -- known as a de facto relationship -- with another non-EEA national residing in Ireland may now apply for an Employment Permit. The Irish Department of Enterprise, Trade and Employment adopted the new policy on March 18, 2009.

Ireland has recently begun to allow non-EEA nationals to sponsor de facto partners with whom they have maintained a durable relationship for at least four years for residency. However, de facto partners were previously ineligible for an Employment Permit. Under the new policy, non-EEA nationals who are granted residency on the basis of a de facto relationship may apply for an Employment Permit while in Ireland. When applying, these nationals must include the letter issued by the INIS confirming that they were granted residency based on their de facto relationship.

Non-EEA nationals in a de facto relationship with an Irish national who can demonstrate that they have maintained a durable relationship for at least two years will be issued a “Stamp 4,” which automatically grants them permission to live and work in Ireland."

atkin

What happens if an Irish citizen wants to have a civil partnership with an undocumented immigrant ?
Does the register of marriages report this to the INIS before the ceremony?
Do the Guards have the power to stop the ceremony or is this still not in law .

Annasopra

atkin wrote: »

What happens if an Irish citizen wants to have a civil partnership with an undocumented immigrant ?
Does the register of marriages report this to the INIS before the ceremony?
Do the Guards have the power to stop the ceremony or is this still not in law .

You're probably better off getting advice from a solicitor or GLEN

www.glen.ie