Refused Defacto

Asura

Hello all,
I am a non EU citizen working in Ireland (stamp 1). My partner and I are from different countries (my partner is from the US). Here is a short summary of our relationship and our situation:

My boyfriend and I have been in a long distance relationship for several years (about 5 to 6 years), maintaining consistent contact and visiting each other once or twice a year. We finally had a chance to live together for a long time. He came to Ireland to live with me this last year on a 90 day visitor permission (since he is from the US, he is not a visa required national).

Nearing the completion of his 90 day visitor period, we applied for an extension of his stay and was granted an extra 6 months. It was specified that he leave after this period expired or an order of deportation would be made.

Before the end of the six month expiration, we applied for de-facto relationship status, hoping we could stay together permanently in Ireland. We provided documentation of our eight months of living together along with our long distance relationship history. We enclosed pictures, itineraries, skype history, chat history, facebook history, phone bills, greeting cards, relationship confirmation letters from parents/siblings/friends, financial documentation etc. We knew that we were required to live together for two years in order to achieve de-facto status, but we also knew people who had achieved de-facto status without this exact cohabitation period. We also hoped that our long history together would suffice for the time we did not spend living together.

After getting refused, it seems our chances of being together are limited. However, it was good to read from our refusal letter the assurance that my partner could attempt reentry into Ireland after returning to his home country. It would then be up to the port of entry officer to grant him permission to enter again.

With all this in mind, I have the following questions:

1. How long should my partner wait until he visits me again?

2. If he comes back too soon and they deny him entry, will this reflect badly on any of his future attempts to enter Ireland?
2. Once he does returns to Ireland, can he apply for a generic extension of visitor stay again?

3. Would registered marriage help our situation or do we still have to prove two years of living together?

5. Can a non EU citizen marry another non EU citizen in Ireland?

Sorry for asking so many questions. Any response from member's experience or knowledge is appreciated.

Thank you,
Asura

Pro Hoc Vice

Can't give legal advice on this forum, but if this is important to you there are a number of very good solicitors who are experts in this area any of whom will be happy to answer your questions.

I will say this is a very niche area of law at best guess there are a few dozen solicitors who really know the system well, so make sure any solicitor advising you knows the difference between an EU Fam 4 and a stamp 3.

As an aside there is currently before the High Court (decision awaited) a challenge to the constitutionality of Section 3 of the immigration Act 1999. Any solicitor who knows the area should be aware of this challenge.

owen85

I know this is an old thread but the info here is something that could help. Original poster, did your partner try to re enter? If so what was the result ?

Pro hoc can you elaborate more?


Im an Irish citizen with a japanese partner who has had de facto refused. Time and options seem small

katz14

Hoping someone could help me out with this.... I am american and my boyfriend is Irish. I have been here for almost two years as a student and have been with my boyfriend for about 3 years. I have been living with my boyfriend and we will reach the 2 year minimum no problem but the only thing is, I do not have much evidence of it. I have a lease and a couple of bills in our name. I think out landlord is trying to avoid taxes so we just pay him in cash every month and Im not even sure if the lease is legit. Is this going to be an issue with the government? Do they check to see if the lease is legally registered? We share a house with one other roommate because we are trying to save money, I am a student and he is an entry level accountant so we have never really had a reason to open a joint account. Has anyone been is a similar situation or can give any advice! Thanks

oh also how much do solicitors cost and are they worth it?

GerardKeating

katz14 wrote: »

Hoping someone could help me out with this.... I am american and my boyfriend is Irish. I have been here for almost two years as a student and have been with my boyfriend for about 3 years. I have been living with my boyfriend and we will reach the 2 year minimum no problem but the only thing is, I do not have much evidence of it. I have a lease and a couple of bills in our name. I think out landlord is trying to avoid taxes so we just pay him in cash every month and Im not even sure if the lease is legit. Is this going to be an issue with the government? Do they check to see if the lease is legally registered? We share a house with one other roommate because we are trying to save money, I am a student and he is an entry level accountant so we have never really had a reason to open a joint account. Has anyone been is a similar situation or can give any advice! Thanks

oh also how much do solicitors cost and are they worth it?

Cannot help with the past, but (as your now realise) you need documentation and a lot of proof of residence/address so starting now, get some more. Take every opportunity to get "officials" to write to you. Get on the Electoral register, send pointless letters to Government department/ Local Public representatives and keep all the incoming correspond. Transfer as much of the bills etc into your name...