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De Facto Relationship

  • 29-03-2010 8:59pm
    #1
    Registered Users, Registered Users 2 Posts: 24


    Hi, do the two years relationship for de facto visa have to be consecutive? If i had 3 years relationship then apart for a few years and then got back together already a year, do the 3 previous years count? Thanks


Comments

  • Banned (with Prison Access) Posts: 3,062 ✭✭✭walrusgumble


    Neo7 wrote: »
    Hi, do the two years relationship for de facto visa have to be consecutive? If i had 3 years relationship then apart for a few years and then got back together already a year, do the 3 previous years count? Thanks

    Visa for what? to enter Ireland or to continue to reside in Ireland?

    De facto relations with an Irish national or a de facto relationship with an national from another EU state? I take it that you or person you seek advice are a non eu nationals?

    If its an Irish national then domestic law applies and they will be harsh, so make sure the non eu has some form of legal permission to be in the state. Refer to the www.inis.gov.ie site on this. They are crystal clear on this.

    With regard to people of other EU state who are here and exercising their eu rights, the legality or lack of, of the non eu person is not relevant.

    yes should be consecutive. It must be a long standing and stable relationship Clear evidence should be given that there was a relationship. You must note that Irish law does not give relationships the same treatment as marriage, and under Irish law, we do not recongnise registered relationship nor are we obliged too (but do, so long as it is satisified that the relationship is genuine and legit) In relation to EU law, the Commission gives each country some discretion. Ireland, UK, France and Belgium insist on at least 2 years.

    I would not really think you have a chance there. A de facto relationship is more than been boyfriend / girlfriend. Its not soley determined by time together. If you are someone of legal permission you might have difficulty

    How long apart? Either way, clear and unabmbigous documentary evidence is required either way. see a solicitor who specialises in immigration


  • Closed Accounts Posts: 44 stvincent


    OP, have a word with the immigrant council, they can give free legal advice. I faced a similar situation 4 or 5 years ago with my foreign national partner and met with them on many occasions. (all ended well for us, stamp 4)

    In my experience of visiting three different immigration lawyers the immigrant council's advice is of higher quality and free. There seems to be a lot of luck and uncertainty in immigration law in Ireland (not the solicitors fault), but at least the immigrant council see a high volume of people and can advise on the various range of possible outcomes.

    http://www.immigrantcouncil.ie/


  • Registered Users, Registered Users 2 Posts: 1,074 ✭✭✭blueythebear


    Neo7 wrote: »
    Hi, do the two years relationship for de facto visa have to be consecutive? If i had 3 years relationship then apart for a few years and then got back together already a year, do the 3 previous years count? Thanks

    Unfortunately, the degree of scrutiny the application will be subjected to depends very much on the nationality of the non-Irish / non-EU partner. If he / she is from for example, Australia it wouldn't be as closely scrutinised as a partner from somewhere like Nigeria. It's pretty much institutional racism.

    As other posters have said, any and all evidence of the relationship is required to include utility bills in joint names, accounts in joint names, etc. Get local TD's involved in the applcation too as they can speed the process up sometimes if they get personally involved.


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