Defacto Visa for Non EU overstayer

Martial9

Hello,

At the weekend my sister, an Irish born national, informed me that her non EU partner is illegally in the state. He didn't return to college last year as he couldn't afford the 15k in fees. He has been in the state for three years - two legally on a student visa. He has overstayed for the other year. He has lived together with my sister for over two years and they have a joint lease and bank account to prove this.

As he is currently illegally in the country, can he apply for the defacto/unmarried partners visa or is he completely out of luck? Would an application just bring him to the attention to the authorities and would they be better off to relocate to his country together?

Dandelion6

INIS has adopted a policy that it won't approve de facto applications where the non-EU partner is unlawfully in the State. What nationality is he?

Martial9

Dandelion6 wrote: »

INIS has adopted a policy that it won't approve de facto applications where the non-EU partner is unlawfully in the State. What nationality is he?

He is from Hong Kong. He's goosed so?

athtrasna

Martial9 wrote: »

He is from Hong Kong. He's goosed so?

Is there any way he might be entitled to a British passport?

Martial9

athtrasna wrote: »

Is there any way he might be entitled to a British passport?

It's complicated but the long and short of it is he just missed out on that ship too.

Dandelion6

If he has a Hong Kong passport then he's a non-visa required national. INIS will take de facto applications from them as long as they have a current valid tourist stamp. So he ought to be able to leave and re-enter, and then apply.

Martial9

Dandelion6 wrote: »

If he has a Hong Kong passport then he's a non-visa required national. INIS will take de facto applications from them as long as they have a current valid tourist stamp. So he ought to be able to leave and re-enter, and then apply.

Just leave to the UK(as an example) for a day and return, then lodge an application?

Dandelion6

Martial9 wrote: »

Just leave to the UK(as an example) for a day and return, then lodge an application?

Theoretically possible yes. No guarantee he'll get back in of course.

Martial9

Dandelion6 wrote: »

Theoretically possible yes. No guarantee he'll get back in of course.

I think I will pay the few bob and get him some legal representation . Don't want to give him bad advice and have him frogmarched out of the country.

Martial9

Just an update on all this for future reference.

He has left the country and the defacto visa application has been sent in. The INIS point blank refused to deal with the application if the non EU unmarried partner was still resident illegally. He will return legally on the tourist waiver, for up to 90 days, when they both get called in for an interview. The officer we dealt with then said he will be given temp stamp 3 or similar to remain legally whilst the application is being dealt with.

The GNIB officers we spoken with and dealt with remained courteous and fair at all times. They get bashed a lot, especially in the media, but in my opinion they have been extremely open and fair with us.

Thank you all who responded to this thread. I will give an update in the next few months on the final outcome.

Martial9

Dandelion6 wrote: »

Theoretically possible yes. No guarantee he'll get back in of course.

He has returned home and will only return when the INIS/GNIB give them a date for an interview. He is not a visa required national but our solicitor said that he would be playing with fire doing visa runs to the UK. Especially when about to apply for a long term visa. If caught, he could face a ban and that would throw everything up in the air. As our solicitor said, he messed up by overstaying, but that doesn't mean you have to keep burning the candle and playing outside the rules. They have a solid case, the few bob to survive the next few months, so no need for messing.

We agreed with him so we shall see what happens in the next few months. Thank you for your advice and wise words, by the way. Greatly appreciated.

hammey

Hi lads. I am in same situation. I have an irish partner we living together for 2 years. Gnib canceled out my visa as I was not attending college for health issues. We were to get married as well in the same time. Gnib asked me to come to local immigration office where they canceled my permission, told me my college sent me de registration letters. I never received these letters so I had no clue. Then my visa was canceled. Our marriage couldn't go ahead as I am 'illegal'. I am stuck in a bad situation. Does anybody know other ways so I can stay legally? Pakistani national . I am still a student this is my 3rd year in diploma course. And my visa was canceled in DEC 2015. Please let me know if you guys know anything. Thanks

Michah

From the INIS website:

For the sake of clarity, please note that applications from persons who are unlawfully present in the State and/or who are in the asylum/protection streams at the time of making the de facto application will not be accepted.

hammey

Michah wrote: »

From the INIS website:

For the sake of clarity, please note that applications from persons who are unlawfully present in the State and/or who are in the asylum/protection streams at the time of making the de facto application will not be accepted.

Hi Michah,
Would you know if there is any other way I could get myself legally in this country? I am so stressed I can't go back and I can't work.

Pro Hoc Vice

Dandelion6 wrote: »

If he has a Hong Kong passport then he's a non-visa required national. INIS will take de facto applications from them as long as they have a current valid tourist stamp. So he ought to be able to leave and re-enter, and then apply.

Not since 2014, "From 21 March 2014 INIS will not accept an application for De Facto Partnership Immigration Permission if the Applicant is present in the State on a C Visit Visa or on foot of the Irish Short Stay Visa Waiver Programme"

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

This is the very reason legal advice should not be given. OP go to a good immigration lawyer there are solutions some you won't like but solutions are there you need a professional to guide you through the process.

Pro Hoc Vice

hammey wrote: »

Hi Michah,
Would you know if there is any other way I could get myself legally in this country? I am so stressed I can't go back and I can't work.

Google immigration solicitor in Ireland.

Dandelion6

Pro Hoc Vice wrote: »

Not since 2014, "From 21 March 2014 INIS will not accept an application for De Facto Partnership Immigration Permission if the Applicant is present in the State on a C Visit Visa or on foot of the Irish Short Stay Visa Waiver Programme"

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

This is the very reason legal advice should not be given. OP go to a good immigration lawyer there are solutions some you won't like but solutions are there you need a professional to guide you through the process.

As a non-visa required national, a person from Hong Kong will neither be "present in the State on a C Visit Visa" nor "on foot of the Irish Short Stay Visa Waiver Programme". My original post stands.

In fact from the same link:

Until the Family Settlement Unit is established INIS will continue to accept for De Facto Partnership Immigration Permission applications from non visa required persons present in the State on visitors conditions.

Pro Hoc Vice

Dandelion6 wrote: »

As a non-visa required national, a person from Hong Kong will neither be "present in the State on a C Visit Visa" nor "on foot of the Irish Short Stay Visa Waiver Programme". My original post stands.

In fact from the same link:

I stand corrected, but the person should still seek advice as the partner was on a stamp 2 and has admitted to overstaying for a number of months, currently has no permission to be in the jurisdiction and while not being a visa required national there is no guarantee that due to previous status he will be allowed back into the state.