Residency + work permission for partner of Irish citizen?

9001r

I'm an Irish guy in a long term relationship - and living with - someone from outside the EU. She's currently here on their third 1-year student visa, so been here since mid-2012, studying and working part time.

We've been together over a year and we both want nothing more than many more years together.

I have read up on the rules around Naturalisation for full citizenship, they're relatively clear cut and I understand what the criteria are.
But first we would need to apply for her to be granted more residency here in order for us to ever be able to put the required 3 years residency + 3 years marriage together relatively simultaneously.

She will finish studying in 2015 and hope to work full time.

The INIS website was much less informative about applying for an extension of her permission to remain here (and permission to work here) based on her relationship to me.

Can anyone shed any light on what our options are? Including those relating to marriage to an Irish citizen (me), etc
Her current visa would expire in summer 2015.

Thanks so much for any advice

Pro Hoc Vice

Firstly a student permission do not count towards citizenship she will need a stamp 1, 3 or 4 to be entitled to citizenship.

To get de facto relationship he will usually be required to be in a relationship together for at least 2 years. Of course a application for a permission can be made in relation to a spouse as soon as married.

Be aware that the Irish citizen will need to show income of 40,000 over past 3 years.

9001r

She has a Stamp 4 or something like it so far, as far as I'm aware - she's allowed work at the moment - part-time during college terms and full-time the rest of the year.

If anyone has real personal experience of their own with the situation I'd be grateful for their input. I've been told for example that the 2 year thing for example is not a 'set in stone' rule, depending on the strength of the rest of the application, so would be hopeful to hear about anyone that had a successful application notwithstanding exactly meeting the 'official' criteria to the letter

We will have been in a relationship for 2 years and living together 1 year around the time of expiry of the current visa

OldNotWIse

Have the criteria changed? My OH got stamp 4 last year but I did not need to show income of more than 40k. She had been on student visas for her time here. OP afaik you must now also show that you have been living together for 2 years, as opposed to previously where it was 2 years relationship required. Make sure that she doesn't have any skeletons in the closet, even small ones. We waited almost a year for ours when the average waiting time should have been much less. Turned out she had an unpaid speeding fine or something, but rather than telling you this they just put you to the bottom of the pile. Once it was cleared up she got it within a week, so just a quick check that all issues up to date would be important.

9001r

What kind of thing did you end up having to show in relation to the relationship and 2 years duration? Thanks a million for the info

OldNotWIse

9001r wrote: »

What kind of thing did you end up having to show in relation to the relationship and 2 years duration? Thanks a million for the info

We printed off a couple of hundred photos - us together on holidays but also importantly showing us with each other's families at Christmas, birthdays etc, nights out with mutual friends and pictures of us with our pets etc. We also included emails we had sent to each other, transcripts of text messages (probably not necessary but I was determined!), as well as old flight confirmations showing we had travelled together, that I had gone to her home country. We also had letters from one or two people I work with who knew her from work social events, and a letter from my parents saying they considered her to be part of the family. The letter from parents is super if you can get one. What also helped was she had one or two letters from would be employers saying that they would like to offer her a position but she didn't have the right residecy requirements for full time work. Also if you have joint accounts, bank statements, a lease agreement etc.

Pro Hoc Vice

9001r wrote: »

She has a Stamp 4 or something like it so far, as far as I'm aware - she's allowed work at the moment - part-time during college terms and full-time the rest of the year.

If anyone has real personal experience of their own with the situation I'd be grateful for their input. I've been told for example that the 2 year thing for example is not a 'set in stone' rule, depending on the strength of the rest of the application, so would be hopeful to hear about anyone that had a successful application notwithstanding exactly meeting the 'official' criteria to the letter

We will have been in a relationship for 2 years and living together 1 year around the time of expiry of the current visa

If she had a stamp 4 then you would have no problem if her permission only allows part time work during term time it is a stamp 2.

From what I know the 2 years is relatively set in stone.

9001r

Pro Hoc Vice wrote: »

If she had a stamp 4 then you would have no problem if her permission only allows part time work during term time it is a stamp 2.

From what I know the 2 years is relatively set in stone.

Well, the Stamp 4 vs Stamp 2 thing isn't a huge issue for now if I understand correctly. We're not looking for naturalisation at this stage

Pro Hoc Vice

OldNotWIse wrote: »

Have the criteria changed? My OH got stamp 4 last year but I did not need to show income of more than 40k. She had been on student visas for her time here. OP afaik you must now also show that you have been living together for 2 years, as opposed to previously where it was 2 years relationship required. Make sure that she doesn't have any skeletons in the closet, even small ones. We waited almost a year for ours when the average waiting time should have been much less. Turned out she had an unpaid speeding fine or something, but rather than telling you this they just put you to the bottom of the pile. Once it was cleared up she got it within a week, so just a quick check that all issues up to date would be important.

Yes changed this year. http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf

9001r

One other question actually - in the case that she is my spouse, does it affect the residency/Stamp 4 application in a significant way?
Again, not talking about naturalisation - just the residency permission to remain

Pro Hoc Vice

9001r wrote: »

Well, the Stamp 4 vs Stamp 2 thing isn't a huge issue for now if I understand correctly. We're not looking for naturalisation at this stage

Stamp 4 is what your OH will get once the application is a success.

Pro Hoc Vice

9001r wrote: »

One other question actually - in the case that she is my spouse, does it affect the residency/Stamp 4 application in a significant way?
Again, not talking about naturalisation - just the residency permission to remain

The only difference is you don't have to prove a de facto relationship otherwise it's the same thing. Do you by any chance hold another EU passport.

9001r

Apologies, I'm not fully sure what would be meant by not having to prove a de facto relationship... I suppose the reason I ask is just in case it might have any bearing on the 2 year living together rule - that's the only thing I can see we might run into any difficulty on

No other passports held by either of us

Pro Hoc Vice

9001r wrote: »

Apologies, I'm not fully sure what would be meant by not having to prove a de facto relationship... I suppose the reason I ask is just in case it might have any bearing on the 2 year living together rule - that's the only thing I can see we might run into any difficulty on

No other passports held by either of us

If not married you have to prove ye are in a relationship which can be difficult once married then it's produce the cert.

Cushie Butterfield

Forget completely about naturalisation - no matter what you do it won't be an option for a number of years with reckonable residency .

The only options for her to obtain leave to remain & work based on her relationship to you are either though marriage or defacto relationship. If applying for defacto you would have at the time of your application have solid proof that you have been living together for at least 2 years.The only real exception to this would be if you didn't live together for religious/cultural/illness reasons. If you haven't lived together for that time your application will be refused straight away without even being sniffed at any further. That just leaves marriage, unless she can get leave to work & remain based on her qualifications, together with a job offer.

A defacto relationship in your case means that you are a couple living together as man & wife & that you don't have a piece of paper proving that you are married.

9001r

Yeah, I quickly realised naturalisation is impossible until several years time at least. All I'm hoping for is residency so she can remain and work.

So you're saying only if she were my spouse would they waive the strict 2 years living together rule? Does any alternative sort of conditions still apply? Like do they downgrade it to 1 year living together if you're married? I presume you still need all the documentation showing good character and income and the rest even if applying for residency based on marriage?
Like, I'm guessing they don't just take one look at a marriage cert and say 'perfect, here's your residency!'

Thanks again for the help

Cushie Butterfield

9001r wrote: »

So you're saying only if she were my spouse would they waive the strict 2 years living together rule? Does any alternative sort of conditions still apply? Like do they downgrade it to 1 year living together if you're married? I presume you still need all the documentation showing good character and income and the rest even if applying for residency based on marriage?
Like, I'm guessing they don't just take one look at a marriage cert and say 'perfect, here's your residency!'

Thanks again for the help

Exactly, you would still need to provide evidence of a genuine relationship but wouldn't have had to be living together for 2 years. Both names on lease/rental agreements, utility bills & a joint bank account if at all possible are more or less the very least you'd be expected to provide. Along with that as much proof of the relationship as you can get. In other words anything that proves that the marriage isn't a sham.

Have a look at this factsheet issued by the Immigrant Council of Ireland. Go to page 5 & scroll down to the section:'How to apply - Applicants who are already in the state'. Read that & from there on. Thats the most concise explanation/information/advice I've come across. People have different experiences - some have absolutely no problems but some do, so it's a matter of supplying as much relevant info as possible.

http://www.immigrantcouncil.ie/images/stories/Factsheet_3_-Family_Unity_Irish_Nationals1.pdf