Cohabiting with non EC passport holder on a Working Holiday visa

Nomis21

Hello.

I am cohabiting with someone who is living in Ireland on a working holiday visa issued at an Irish embassy in their own country. She has an Irish PPS number issued in Ireland.

I am receiving JA.

Does anyone know if I can I claim for her on my JA as a qualified adult?

She is not working but is looking for work.

Many Thanks in advance.

not yet

Nomis21 wrote: »

Hello.

I am cohabiting with someone who is living in Ireland on a working holiday visa issued at an Irish embassy in their own country. She has an Irish PPS number issued in Ireland.

I am receiving JA.

Does anyone know if I can I claim for her on my JA as a qualified adult?

She is not working but is looking for work.

Many Thanks in advance.

Yeah, sure why not...

Nomis21

Well I was wondering if they might think she's just on holiday in Ireland as it's called a 'Working Holiday' visa that she entered the country on?

Elmo

Nomis21 wrote: »

Well I was wondering if they might think she's just on holiday in Ireland as it's called a 'Working Holiday' visa that she entered the country on?

I'd assume not as she would not meet Habitual Residency Requirements.

JohnDx

No, ya can't I'll tell on ya.

Nomis21

Qualified adults are exempt from the habitual residence requirement.

I thought she might be excluded because her working holiday permit is valid only for one year?

Nomis21

JohnDx wrote: »

No, ya can't I'll tell on ya.

What is there to tell?

Cushie Butterfield

Nomis21 wrote: »

Hello.

I am cohabiting with someone who is living in Ireland on a working holiday visa issued at an Irish embassy in their own country. She has an Irish PPS number issued in Ireland.

I am receiving JA.

Does anyone know if I can I claim for her on my JA as a qualified adult?

She is not working but is looking for work.

Many Thanks in advance.

No, as she's classed as a tourist - a tourist who is permitted to work on a part-time or casual basis as an incidental aspect of her visit to Ireland. The state will not fund a tourist to stay here just because they are in a romantic relationship with someone who lives here. This would be viewed as a drain on state funds.

This is also why she would have had to provide proof of support funds to cover her for her initial stay here, as well as return flight, travel & medical insurance on her initial application. Don't confuse this with any other work related visa - hers is a visitor's visa with perks: she get's to work casually or part-time to help fund her extended visit here. I'd be surprised that there isn't any mention of something relating to this somewhere in the documentation that she would have received when she went about applying for or getting her WHA.

The DSP operation guidelines with regards to co-habitation & claiming qualified adult increase states that a couple who have decided to share together for a temporary period only (e.g. a couple who are unmarried or not in a civil partnership where one party lives elsewhere and is only on holiday in Ireland) are not therefore cohabiting as husband and wife / civil partners and one could not claim an increase for the other as a qualified adult.

Nomis21

Thanks so much Cushie for that


Like you, I don't see why the state would want to subsidise someone in her position. However the law has a habit of not being logical sometimes.

I have been told by Citizens Information that she is allowed to live with me as I am allowed to spend my JA money as I wish and she is not working. I didn't ask them about claiming anything yet.

After your reply, I don't think I will.

Thanks Again.

Cushie Butterfield

Nomis21 wrote: »

Thanks so much Cushie for that


Like you, I don't see why the state would want to subsidise someone in her position. However the law has a habit of not being logical sometimes.

I have been told by Citizens Information that she is allowed to live with me as I am allowed to spend my JA money as I wish and she is not working. I didn't ask them about claiming anything yet.

After your reply, I don't think I will.

Thanks Again.

Oh yea, of course she is entitled to live with you, but you have to bear in mind that if you decide to declare that you are living together as a couple in a long term committed relationship that, depending on her financial circumstances (savings, income of any sort even from abroad) could have an adverse affect on your own JSA claim. The possibility is that it wouldn't in your particular case. As it is you are doing nothing untoward - you simply have a girl visiting Ireland on a WHA with whom you are dating living with you. There is no law against that.

I don't know what your exact situation is as regards where you met, how long you have been in a relationship, whether or not you have lived together previously in another country, or what your long term hopes or plans are. None of us know what's around the corner but if you foresee the relationship lasting & would like to be together on a more long term basis, with a bit of planning & research there are avenues open to you but it would take time, unless you were ready to make things more official like marriage/civil partnership. Depending on any educational qualifications she may have she might also be able to arrange to avail of a more longterm visa solution in her own right, or she may want to explore the possibility of applying for a student visa after her current visa at some stage after her current visa expires.

Up until quite recently she may have further down the line elligible or been considered to apply to remain as your defacto partner. I'm quickly qualifying that statement by saying that it would not have been plain sailing, as there were always hurdles to overcome as well as various conditions & requirements involved in that process: the main ones being that you could prove that you were in a committed relationship for two years & that you had the funds to support her. Hopefully your work situation will improve in the near future, as being in receipt of an unemployment payment wouldn't be of much use to prove that you had the funds to support her. Things have tightened up more recently & INIS require that you can prove that you have actually physically lived together for at least two years immediately prior to applying for defacto.

That much you can change, at which stage you would be in a better position to add her name to your bank account, rental lease, utility bills etc with a view to the bigger picture down the line as regards proof of ongoing committed relationship. In the meantime you could be actively working on things such as photos (with time & datestamps) of you both together, saving any travel bookings, cinema ticket stubs, emails, facebook mentions of you both as a couple, wedding/party invitations addressed to you both etc etc. The main thing is to have as much documentation to prove further down the line that you have been together in a committed relationship. You may want to explore the possibility of combining your time here together with time in another country together. It may be possible for you to do in her country what she is doing here.

The above is all very broad & sweeping, but if you have long term plans together it's worth your while researching things a bit now which may save you some trouble down the line. There are a couple of long threads (as well as many shorter ones) here on boards about the defacto visa: one in work & jobs, one in living abroad & there are a good few shorter ones in legal discussion if you do a search. Just remember if you are reading them from the first page that a lot has changed in the meantime as regards immigration law, length of time together & what proof is required.

Here are the links to the two longer ones, have a good read through the threads as well as the INIS website.

http://www.boards.ie/vbulletin/showthread.php?t=2055870436
http://www.boards.ie/vbulletin/showthread.php?t=2055529883

http://www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships

Nomis21

Thanks once again. I never expected such a detailed and useful reply.

I am now in an even better position to know that we will not be changing anything regarding benefits or status and we also know it's the correct decision for now.