De Facto visa for Ireland queries

chich

Hi,

Myself (Irish) and my NZ boyfriend are in the process of applying for a de facto visa for him to move to Ireland. We've gone through the usual rigmarole using inis and a useful website, migrantproject.ie, however I have a few questions regarding the process. If anyone can help, it would be greatly appreciated. We have lived together for the past 4 years, have joint bank acc/tenancy agreements/proof of relationship etc, so that part shouldn't be an issue with any luck.

My queries are as follows:
I am currently at home in Ireland; James is in New Zealand.
1) Should he be here while he applies for the visa or does it make a difference?
2) Copies of current and previous passports are required- can he send a colour photocopy of his current passport (and is this legal?), and if immigration require the actual passport, do they usually send it back once the application is accepted, so he can travel on it?
3) Can he enter Ireland while the application process is underway and get a temporary stamp 4 until a decision is reached? It is likely that if he were to do this, he would come on a one-way ticket, on the presumption that the de facto visa would be accepted; would this be accepted by immigration at the airport?!

My other query is if there are fees involved with this process? I have lived in NZ for the past 6 years and have gone through many visas- working holiday, extended WH, residency etc, which have always demanded some payment. There is no information about potential fees involved with the Irish de facto application at all.. which rouses suspicion..!Maybe I'm too cynical

Thanks in advance for any help or answers provided,

C

Dandelion6

If he's from New Zealand, he is "non-visa required" and cannot use the visa process to apply to live in Ireland. He has to come here and apply from within Ireland. If he has all the information on him to show to the immigration officer at Dublin Airport, he should be able to enter on a one-way ticket, though there are never any guarantees.

There are no fees to apply. There is a €300 fee to register residency. This doesn't apply to spouses or civil partners of Irish citizens - I'm not sure if it applies to de facto relationships?

chich

Thanks a million that helps a lot

The Cush

Recent Dáil question on de-facto visas

Wednesday, 30 January 2013

155. Deputy Clare Daly
asked the Minister for Justice and Equality if he will consider altering the criteria for non-EEA citizens to join the workforce here with regard to considering work permits in the de-facto visa status. [4694/13]

Minister for Justice and Equality (Deputy Alan Shatter): Before being granted immigration permission to enter the workforce, persons in a "de facto" relationship must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intending to reside, as a family unit in the State. The required duration of the relationship is two years in the case of a person who is the partner of an Irish/EEA national and four years where the partners are both non EEA nationals. A de-facto partner of an Irish citizen or of an EU national who is exercising rights of free movement and who meets the eligibility criteria as to duration of relationship receives an immigration permission that allows them to work without requiring an employment permit.

Where both parties are non-EEA nationals the immigration permission granted to the partner of the person already lawfully in the State, is that of dependent with an immigration stamp 3. This status does not exempt them from the requirement to hold an employment permit but they would be able to obtain one if they meet the conditions set out by the Department of Jobs, Enterprise and Innovation. There is a balance to be struck between facilitating the de facto family to live together while also ensuring that immigration of this nature is not used as a means of circumventing immigration law requirements, or labour market law and public policy in this area.

http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2013013000077?opendocument#WRYY00250

The Cush

Another Dáil question on de-facto visas

Wednesday, 6 February 2013

176. Deputy Eoghan Murphy
asked the Minister for Justice and Equality if his attention has been drawn to certain residency, work related issues, arising for immigrants from non-EEA countries (details supplied). [6280/13]

Minister for Justice and Equality (Deputy Alan Shatter): The qualifying criteria for a Defacto partnership is fully detailed on the Irish Naturalisation and Immigration Service website, (www.inis.ie). In the circumstances set out in the Deputy's Question, the Irish national and her non-EEA national partner must demonstrate that they are in a relationship for two or more years to quality for defacto status. If granted this would give the non-EEA national the right to work in the State without a work permit.

Similar to immigration systems worldwide, public policy in respect of rights of residence and access to the labour market is formulated taking into account the prevailing economic and labour market conditions which in the case of Ireland remain extremely challenging. Therefore, in circumstances where unemployment remains high, together with the need to maintain the integrity of the immigration system, the qualifying criteria for a Defacto partnership is necessary to ensure that the granting of defacto status is only given to persons who are in a genuine and subsisting relationship. The absence of such criteria would create conditions where immigration controls could be easily evaded. This would do a great disservice to all genuine applicants, which I have no doubt would include the persons referred to by the Deputy.

I can assure the Deputy that the immigration service makes every effort to facilitate the defacto family to live together; however, for the reasons outlined the granting of defacto status must be subject to criteria and conditions. I believe these are appropriate and fair, particularly when considered in the context of the right to work in the State without a work permit which the granting of such status extends. Any other system would be amenable to abuse and would place unsustainable pressures on the employment and related welfare systems.

http://oireachtasdebates.oireachtas.ie/debates%20authoring/debateswebpack.nsf/takes/dail2013020600110?opendocument#WRJ00550