applying for Irish De Facto Visa whilst living in Australia

angemc

Hi everyone,

I am hoping you can help shed some light on this one for me.... My boyfriend (Irish) has FINALLY been granted a permanent residency visa in Australia through de facto (i'm an Aussie citizen) and I really want to get my defacto visa sorted for Ireland so we have no dramas living in Ireland if we decide to move back there over the coming year or two.

I cannot find any info about whether we can apply for it offshore and be approved whilst offshore - does anybody know? we have been together for about 4 years and will have no problems proving this so this isnt really a concern for us...i just want to have my defacto sorted before we move back there and worry i will soon be too old for a WHV to get me sorted for the first 12 months while we wait out the defacto process over there..

thanks in advance for your help it is greatly appreciated

Cooperspale

Perhaps this will shed some light
http://www.inis.gov.ie/en/INIS/Pages/WP07000278

Giruilla

As far as I was told, you have to be living in the country before you can apply for the Irish De Facto Visa (need to photocopy entry stamp on passport etc for process). Also, even if you get the visa it only lasts for a year, not indefinitely, so if you got it you'd need to use it within that year.

angemc

Thanks for the feedback...im really surprised it only lasts 12 months.. I thought that was an initial timeframe and if u could prove you were still together then you would be able to retain your residency. That makes it difficult if you want to stay living over there without having to get married.

Thanks again for both of your help.

Carlosd

Ask Declan dclune@visafirst.com

angemc wrote: »

Thanks for the feedback...im really surprised it only lasts 12 months.. I thought that was an initial timeframe and if u could prove you were still together then you would be able to retain your residency. That makes it difficult if you want to stay living over there without having to get married.

Thanks again for both of your help.

Cushie Butterfield

angemc wrote: »

..im really surprised it only lasts 12 months.. I thought that was an initial timeframe and if u could prove you were still together then you would be able to retain your residency.

You're right, that's exactly what happens. Your initial stamp (on your passport) on defacto grounds gives you leave to remain for 12 months. After that you have to get your passport stamped again for a further period of time). It's not a case of you only being allowed to stay for 12 months & if you don't get married within that period that you have to leave. As a defacto partner you don't have to get married at all, ever. So don't worry on that score. It's just a pity that you don't have an Irish parent or grandparent which would entitle to to an Irish passport which would eliminate all the messing about.

I've never heard of a defacto being applied for from outside Ireland either, as what you will be doing is applying for leave to remain and work in Ireland on the grounds of a defacto relationship with your Irish partner, though you could email INIS & enquire if it's possible. As an Australian passport holder you don't require a pre-approved visa to fly here & would not be classed as a Visa Required national. You are required to seek leave to enter the State by reporting to an Immigration Officer at Immigration Control. This officer is actually a police officer (Garda) who stamps your passport giving you leave to enter & remain for a maximum period of three months. Make sure you inform the officer of your intention to apply for a defacto. You'd have to keep the stamp in your passport current as in before that stamp runs out go to Garda National Immigration Bureau (if you're in Dublin) or the District Headquarters in other Garda Districts.

You'd want to get your defacto application in fairly quickly to avoid any extra delys, as you won't be allowed to work until you get everything sorted. As far as I can make out there is a delay of 3 months for straightforward applications & anything up to 12 for anything else according to the NASC website.

You'll need to do a bit of research regarding exactly what you need to do, but make sure that you are always legally in the country & that you have REGISTERED . Having medical insurance is also something that would be looked for as well as as much funds or access to funds as possible apart from all the usual proof of enduring relationship stuff, so don't forget to get whatever you need before you come overto save hassle as regards organising bank statements, copies of joint lease & utility bills etc.

Have a look at NewToTown.ie to read of others' experiences, INIS website , Citizen's Information , Dept Foreign Affairs & of course there's a thread here on boards in the Living Abroad forum - just bear in mind that the thread started about the time that the defacto was introduced so it might be confusing at the start. Also bear in mind that the whole area of work permits & GNIB cards have changed slightly more recently, so it's a case of reading up as much as possible & trying to familiarise yourself with the ins & outs as well as picking up any tips along the way.

Make sure your partner goes with you whenever you're dealing with officials, even if it's for an extension stamp. hope all goes well & best of luck when the time comes!

angemc

Cushie, that's brilliant advice thanks very much for helping us out here! I'm really glad I would be able to stay for longer as we have heard Ireland's laws a bit different but it didn't make sense to be this difficult in terms of allowing a non national to reside for years without getting married.

I was hoping it was something we could apply for before getting there so didn't have the issue of me being restricted with work while we waited for the visa to be approved as in Aus we allow for offshore processing.. But if we can't then we can't so that's no matter we'll just have to work around it.. Hopefully as you say, if we have everything we need ready we will be able to avoid any excessive delays.

Ill check out these other sites you've referenced too for more info and we are heading back in a few months so we plan to visit them whilst over there just to check over everything and make sure we are giving them exactly what they need...and now I know what immigration have meant about me needing to be registered when going through the border.. I've got that many green stamps on my passport they must have thought something dodgy was going on.. I like to do things firmly by the book tho especially when it comes to immigration so we'll definitely do all the research and this is just the start of it so thanks for pointing us in the right direction!

ballooba

There's a massive thread on de-facto here with all the info you could ever need. Google for it.

We went through the process 18 months ago and it was awful. There's no way to sugar coat it for you unfortunately, you're in for a shock. I laughed inside a little when you mentioned that you would go speak to someone when you're over here. They only answer the phones for two hours a week and you cannot visit them. They take about 8 weeks minimum to respond to the letter of application and there is no application form.

Ozeire

angemc , Cushie Butterfield has given you great info . My now wife is aussie and she did come to Ireland & live before we came back to Oz . It was a hell of alot easier for her to come and stay in Ireland than it was for me to move to Oz . As Cushie said all you have to do it get your passport stamped on entry in Ireland. Then get yourself to your local emigration officer usually based in local police station if you’re in rural Ireland. Get the forms from them stating you are in a De Facto relationship. They will give a little emigration card stating you have the rights to live and working in Ireland. Word of warning give them plenty of notice as they Irish police and do take a bit longer to do stuff.
As long as your De Facto is living with you in Ireland you can remain as long as you like.

One other thing as here in Oz you can just swap your Oz driving licence for an Irish one of same category without having to a test and do the reverse when you get back here.

DeclanClune

ballooba wrote: »

There's a massive thread on de-facto here with all the info you could ever need. Google for it.

We went through the process 18 months ago and it was awful. There's no way to sugar coat it for you unfortunately, you're in for a shock. I laughed inside a little when you mentioned that you would go speak to someone when you're over here. They only answer the phones for two hours a week and you cannot visit them. They take about 8 weeks minimum to respond to the letter of application and there is no application form.

Agree with Ballooba.
We have arranged a number of these defacto visas for people now. As Ballooba says - no application, no checklist, no one to check stuff with - it is a stab in the dark as to what will get you approved.

You do need to have at least 2 years of evidence of your relationship.

Trying to get through to the dept is - well how to put this - near impossible! I pity anyone that is looking that this for the first time.

Anyway if you have a specific question, maybe I can answer it for you.

Regards,
Declan Clune

Ozeire

Its not as scary as its being made out. As long as you have all the evidence that you've been in a DE-facto relationship you'll be grand. Its just a bit slow getting thing sorted that's all. The Irish Garda (police) aren't know for their speed.

Had all your evidence n partner with you leave loads of time and everything will be fine.

One thing I would advise though is to go and live in Ireland for a little while first. My wife lasted nearly 4 year before we decided Oz is where we wanted to be. Its a lot different living in Ireland compared to just visiting on a holiday .

DeclanClune

Ozeire wrote: »

Its a lot different living in Ireland compared to just visiting on a holiday .

That's for sure

ballooba

Ozeire wrote: »

As Cushie said all you have to do it get your passport stamped on entry in Ireland. Then get yourself to your local emigration officer usually based in local police station if you’re in rural Ireland. Get the forms from them stating you are in a De Facto relationship. They will give a little emigration card stating you have the rights to live and working in Ireland. Word of warning give them plenty of notice as they Irish police and do take a bit longer to do stuff.
As long as your De Facto is living with you in Ireland you can remain as long as you like.

There's quite a few incorrect/incomplete details in that post, despite your best intentions.

1) There is no form for de facto. Applicants must write a letter to immigration.
2) You may go to your divisional (?) Garda HQ for immigration purposes only if you live outside Dublin.
3) The GNIB card does not confer work/remain rights, only the Stamp in your passport does.
4) You can remain as long as you lie, subject to renewing your stamp every year. And paying the fee.

As mentioned earlier there is already a comprehensive thread on De-facto in Ireland. http://www.boards.ie/vbulletin/showthread.php?p=84158816#post84158816

Ozeire wrote: »

One thing I would advise though is to go and live in Ireland for a little while first. My wife lasted nearly 4 year before we decided Oz is where we wanted to be. Its a lot different living in Ireland compared to just visiting on a holiday .

I'd recommend using a WHV to try it out, then apply for right to remain before the WHV runs out. Although there will inevitably be a gap where you won't be allowed work.

Ronnygenius

Applied mine on the 27th of December 2012 and got a confirmation mail from them stating that they received my documents on the 2nd of January 2013 ...... Still waiting for the positive response results

perfectblue

I just wanted to jump in here and say that my letter says that the Stamp 4 is granted for residency and that I have to remain in residency, allowing for reasonable trips out of State for work, leisure, etc. So if you got the visa and then left for 9 months and came back, it might affect your renewing for a second year. Not sure if this is actually true, but just wanted to put that out there.

Also, I submitted my application on 25 April, and got approval on 25 May. It took a month. Now we have to go and get myself registered.

Ronnygenius

Any one who's has got reply recently ? still waiting a response from the INIS ...... Applied mine last year in December 28th .... It's now 6 month no response yet .... Av wrote them a mail today to enquire the status of my application

perfectblue

Ronnygenius wrote: »

Any one who's has got reply recently ? still waiting a response from the INIS ...... Applied mine last year in December 28th .... It's now 6 month no response yet .... Av wrote them a mail today to enquire the status of my application

I applied end of April, and heard in a month. Just went down and got my registration card today. You should definitely contact them!

Ronnygenius

Congratulations .. I posted them a mail yesterday to inquire about my application ..... Finger crossed.
Hope they get back to me as am hopeless now with the long wait and sitting next to the door for post every morning

Ronnygenius

Got My Stamp 4 Visa

tmq

I'm in the same boat as Angemc... an aussie living in Oz, planning on moving to Ireland next year with my irish partner. And was hoping to get the visa before going to ireland, but it sounds like that's not possible.

A question on applications though, when i send it in, do i have to send my passport too? (as then I would have to stay in Ireland until it comes through).

Another question now (i'm on a roll) if i live in rural Ireland, can I submit the application to the local Garda, rather than posting to immigration? And is this likely to be quicker/slower?

Thanks for you're help... a great resource this. Would love to hear how you get on Angemc too.

perfectblue

tmq wrote: »

I'm in the same boat as Angemc... an aussie living in Oz, planning on moving to Ireland next year with my irish partner. And was hoping to get the visa before going to ireland, but it sounds like that's not possible.

A question on applications though, when i send it in, do i have to send my passport too? (as then I would have to stay in Ireland until it comes through).

Another question now (i'm on a roll) if i live in rural Ireland, can I submit the application to the local Garda, rather than posting to immigration? And is this likely to be quicker/slower?

Thanks for you're help... a great resource this. Would love to hear how you get on Angemc too.

You don't send your passport - just copies of all the pages (and your partner's as well). If you are approved, you receive a letter, which you take to GNIB or local Gardai headquarters for the stamp (along with your partner).

Application has to go to INIS for approval: http://www.inis.gov.ie/en/INIS/Pages/WP07000278

tmq

Thanks for the response PB.