Advice on defacto relationship permission - location of sponsor and applicant

Ballatergirl1

Hi,

I'm hoping that someone can give me some advice on this as I've looked at the immigration website and other forums but can't find a clear answer.

I'm a British citizen in the process of applying for my Irish passport (my father was an Irish citizen). I have been living in New Zealand with my NZ partner for five years where I originally went on a partner visa but am now on a permanent resident visa there. I met my partner in London in 2011 and we have been living together for almost 6 years now, first in London and then in New Zealand where we moved together in 2012.

Our relationship is defacto akin to marriage and we have lots of evidence to prove we have been living together in this way and so we will have no problem providing this. We have friends in Ireland and I have lots of family there and once I have my Irish passport, we would like to straight away apply for permission for him to move to Ireland with me as we would like to move here together permanently. My question is based around the fact that I neither I or my partner have ever lived in Ireland. On the immigration website, it says that the sponsor must live or intend to live in Ireland but in other sources of information, it says that both applicant and sponsor must live in Ireland for applications to be considered. On a practical level, we would want to remain in NZ whilst we apply as we wouldn't want to disrupt our life there (ie leave our home and current employment there) and I'm not sure my partner would be able to come to Ireland with me if I were to move here in order to start the application process.

I guess my main question is can I sponsor my partner for defacto immigration permission when neither of us live, or have lived in Ireland? If this isn't an option, is there my other option for me to move to Ireland and for my partner to join me?

Any advice on this would be much appreciated as we are struggling to get a clear answer. Thank you so much in advance for all your help!

Really Interested

Ballatergirl1 wrote: »

Hi,

I'm hoping that someone can give me some advice on this as I've looked at the immigration website and other forums but can't find a clear answer.

I'm a British citizen in the process of applying for my Irish passport (my father was an Irish citizen). I have been living in New Zealand with my NZ partner for five years where I originally went on a partner visa but am now on a permanent resident visa there. I met my partner in London in 2011 and we have been living together for almost 6 years now, first in London and then in New Zealand where we moved together in 2012.

Our relationship is defacto akin to marriage and we have lots of evidence to prove we have been living together in this way and so we will have no problem providing this. We have friends in Ireland and I have lots of family there and once I have my Irish passport, we would like to straight away apply for permission for him to move to Ireland with me as we would like to move here together permanently. My question is based around the fact that I neither I or my partner have ever lived in Ireland. On the immigration website, it says that the sponsor must live or intend to live in Ireland but in other sources of information, it says that both applicant and sponsor must live in Ireland for applications to be considered. On a practical level, we would want to remain in NZ whilst we apply as we wouldn't want to disrupt our life there (ie leave our home and current employment there) and I'm not sure my partner would be able to come to Ireland with me if I were to move here in order to start the application process.

I guess my main question is can I sponsor my partner for defacto immigration permission when neither of us live, or have lived in Ireland? If this isn't an option, is there my other option for me to move to Ireland and for my partner to join me?

Any advice on this would be much appreciated as we are struggling to get a clear answer. Thank you so much in advance for all your help!

If you planing to live in Ireland, you would be better advised not to to get Irish Passport, and look into EU free movement.

Avada

As a NZ citizen, they don't require immigration preclearance and would need to apply from inside Ireland. To be honest, as the poster above says, don't apply for your irish passport yet, apply for permission on the basis of you being a British citizen.

http://www.inis.gov.ie/en/INIS/Pages/EU+Treaty+Rights

You can apply for your Irish passport when it is all done and dusted.

Ballatergirl1

Thanks very much to both of you for your advice. I hadn't even thought about the EU treaty and so it's really helpful to know this before I had applied for my Irish passport. Do you know if there is any way that an application for anything in our circumstances can be made before we arrive in Ireland? From a financial perspective, we can't afford to arrive and then submit the application which could mean my partner wasn't able to work for approx 10 months which seems to be how long they are taking. The other option is that I go to Ireland and my partner remains in NZ but with it being so far away and popping back for a weekend not being an option, the prospect of being apart for months at a time isn't a desirable one! It would be good to apply for something before we arrive so we could both live and work in the same country whilst the application is considered. My thought is that the fact we aren't married is a potential issue for their consideration given Ireland doesn't recognise defacto relationships as a 'family member'. But then we don't want to get married for this reason! Any other advice would be much appreciated but thank you again for your comments already!

Really Interested

Ballatergirl1 wrote: »

Thanks very much to both of you for your advice. I hadn't even thought about the EU treaty and so it's really helpful to know this before I had applied for my Irish passport. Do you know if there is any way that an application for anything in our circumstances can be made before we arrive in Ireland? From a financial perspective, we can't afford to arrive and then submit the application which could mean my partner wasn't able to work for approx 10 months which seems to be how long they are taking. The other option is that I go to Ireland and my partner remains in NZ but with it being so far away and popping back for a weekend not being an option, the prospect of being apart for months at a time isn't a desirable one! It would be good to apply for something before we arrive so we could both live and work in the same country whilst the application is considered. My thought is that the fact we aren't married is a potential issue for their consideration given Ireland doesn't recognise defacto relationships as a 'family member'. But then we don't want to get married for this reason! Any other advice would be much appreciated but thank you again for your comments already!

Under EU application your partner will be given temp permission to work very quickly, also the decision proper must be made within 6 months.

Mr. Incognito

Theres a simple form your partner and you can fill out to grant each other many rights

A marriage licence

Until then you are strangers in law for immigration rights

Really Interested

Mr. Incognito wrote: »

Theres a simple form your partner and you can fill out to grant each other many rights

A marriage licence

Until then you are strangers in law for immigration rights

Incorrect a non married couple if they can satisfy the department can apply for a permission based on a de-facto relationship.

Marcusm

Mr. Incognito wrote: »

Theres a simple form your partner and you can fill out to grant each other many rights

A marriage licence

Until then you are strangers in law for immigration rights

Setting aside domestic remedies, as an EU citizen moving to Ireland the OP would be exercising treaty rights and be entitled to be accompanied by family members which would include an unmarried partner to the extent a relationship has been established (generally 2 years of cohabitation).