Ireland De-Facto Visa

mistersifter · 04-01-2018 12:56pm

Hi,

I would recommend that you start to gather stuff that shows that your relationship is genuine e.g. photos of you together, bills in both names, rent agreements in both names, joint bank account statements, proof of trips taken together, skype screenshots, whatsapps, emails, etc etc etc.

It seems the rule is 2 years cohabitation as explained in the links below. You can find other guidelines there too.

I think it takes them about 5 months to process the application so by the time you get everything together and then submit the forms, it can be a long wait. Allow time to fill in the application form itself, as you will need to get your signatures witnessed by a solicitor or peace commissioner or some such official figure.

Best of luck!

http://www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships%20with%20an%20Irish%20National%20or%20Irish%20Resident%20-%20Guidelines%20for%20applicants

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

lynvoh · 04-01-2018 11:11pm

yeah, and if you reach the point that your student visa expires soon, you can ask for an extension, they give you a stamp 3, till you get the defacto visa.
But don't forget that you need to book and appointment in GNIB office, and that takes like a month of more, so think about that as well.

MJPS · 18-01-2018 7:18pm

Hey all,
My girlfriend (Non-EU) and I (Irish) applied in mid September 2017, however we collected our evidences based on one year co-habitation, and it was only subsequent to submitting that we realised the rules had changed back to two years co-habitation.
Does anyone know if our application will be considered strictly on the two year rule, or will we be given any leeway because our application went in just after this decision was made?
Thanks in advance!

Monife · 18-01-2018 9:06pm

MJPS wrote: »

Hey all,
My girlfriend (Non-EU) and I (Irish) applied in mid September 2017, however we collected our evidences based on one year co-habitation, and it was only subsequent to submitting that we realised the rules had changed back to two years co-habitation.
Does anyone know if our application will be considered strictly on the two year rule, or will we be given any leeway because our application went in just after this decision was made?
Thanks in advance!

As far as I know, the 2 year cohabitation rule has always been there, so your application could be tricky.

Varetinha · 18-01-2018 9:10pm

MJPS wrote: »

Hey all,
My girlfriend (Non-EU) and I (Irish) applied in mid September 2017, however we collected our evidences based on one year co-habitation, and it was only subsequent to submitting that we realised the rules had changed back to two years co-habitation.
Does anyone know if our application will be considered strictly on the two year rule, or will we be given any leeway because our application went in just after this decision was made?
Thanks in advance!

I've been in touch with some organizations and couples who applied in the midle of September using the one year form and what they said is immigration will deal with them case by case.

Have you received your application number? I think if they didn't refused yours yet is a big chance everything will be fine.

MJPS · 18-01-2018 10:38pm

Varetinha wrote: »

I've been in touch with some organizations and couples who applied in the midle of September using the one year form and what they said is immigration will deal with them case by case.

Have you received your application number? I think if they didn't refused yours yet is a big chance everything will be fine.

Hey Varetinha,

Thanks for your help, much appreciated! Yes, we received our application number, back in October ´17. We were also asked for an additional piece of evidence, which we subsequently sent on shortly after. I spoke to INIS this week via mail and they said they are currently assessing applications from August, so I suspect we will hear back within the next month.

I had also read previously that they were assessing on a "case by case" basis, but I´m still unsure what warrants a ´strong´ case - any ideas? For example, is how close to the 1st September that an application is submitted taken into account?

Thanks again!

Varetinha · 18-01-2018 11:53pm

MJPS wrote: »

Hey Varetinha,

Thanks for your help, much appreciated! Yes, we received our application number, back in October ´17. We were also asked for an additional piece of evidence, which we subsequently sent on shortly after. I spoke to INIS this week via mail and they said they are currently assessing applications from August, so I suspect we will hear back within the next month.

I had also read previously that they were assessing on a "case by case" basis, but I´m still unsure what warrants a ´strong´ case - any ideas? For example, is how close to the 1st September that an application is submitted taken into account?

Thanks again!

To be honest I have no idea which criteria they will follow since INIS can be a can of worms sometimes.

I saw a case that was denied as soon as they receveid it in september and they said it was because their relationship was more like a boyfriend/ girlfriend thing and they weren't together for the two years, that's why I think you'll be fine.

I've applied in August last years and received a letter in the beginning of January requesting more stuff, I'm still waiting to hear back from INIS though.

starchild13 · 19-01-2018 1:22pm

Varetinha wrote: »

To be honest I have no idea which criteria they will follow since INIS can be a can of worms sometimes.

I saw a case that was denied as soon as they receveid it in september and they said it was because their relationship was more like a boyfriend/ girlfriend thing and they weren't together for the two years, that's why I think you'll be fine.

I've applied in August last years and received a letter in the beginning of January requesting more stuff, I'm still waiting to hear back from INIS though.

Hi all,
I (Non EU) applied my Defacto visa as my partner (Non EU as well) she is living here in Ireland on stamp 4 which allows her full time work. We applied in first week of may 17 since then we got only a acknowledgement letter form inis. I don't know why they are taking so long.
We sent all the relevant documents e.g Her job letter, pay slips , P60s, bank statements, Reference letters from neighbours and a letter from church , photos together on several occasions n locations in Ireland, PRTB letters, lease and utility bills. Any advise or help from any one out there ? Thanks in advance .

MJPS · 19-01-2018 1:56pm

Varetinha wrote: »

MJPS wrote: »

Hey Varetinha,

Thanks for your help, much appreciated! Yes, we received our application number, back in October ´17. We were also asked for an additional piece of evidence, which we subsequently sent on shortly after. I spoke to INIS this week via mail and they said they are currently assessing applications from August, so I suspect we will hear back within the next month.

I had also read previously that they were assessing on a "case by case" basis, but I´m still unsure what warrants a ´strong´ case - any ideas? For example, is how close to the 1st September that an application is submitted taken into account?

Thanks again!

To be honest I have no idea which criteria they will follow since INIS can be a can of worms sometimes.

I saw a case that was denied as soon as they receveid it in september and they said it was because their relationship was more like a boyfriend/ girlfriend thing and they weren't together for the two years, that's why I think you'll be fine.

I've applied in August last years and received a letter in the beginning of January requesting more stuff, I'm still waiting to hear back from INIS though.

Okay, well thankfully we haven't been rejected yet! Like I said I spoke with them last week and they said they are assessing applications from August, so fingers crosses you'll hear back soon!

Out of interest, did you have proof of two year co-habitation?

Varetinha · 22-01-2018 6:43pm

MJPS wrote: »

Okay, well thankfully we haven't been rejected yet! Like I said I spoke with them last week and they said they are assessing applications from August, so fingers crosses you'll hear back soon!

Out of interest, did you have proof of two year co-habitation?

No, I've applied under the one year rule. We had just completed one year by that time. We have 18 months of cohabitation now.

Varetinha · 22-01-2018 6:52pm

starchild13 wrote: »

Hi all,
I (Non EU) applied my Defacto visa as my partner (Non EU as well) she is living here in Ireland on stamp 4 which allows her full time work. We applied in first week of may 17 since then we got only a acknowledgement letter form inis. I don't know why they are taking so long.
We sent all the relevant documents e.g Her job letter, pay slips , P60s, bank statements, Reference letters from neighbours and a letter from church , photos together on several occasions n locations in Ireland, PRTB letters, lease and utility bills. Any advise or help from any one out there ? Thanks in advance .

Hi, I would send an email to INIS requesting an update because as far as I know they got through the May/17 applications last September!

MJPS · 22-01-2018 9:21pm

Varetinha wrote: »

No, I've applied under the one year rule. We had just completed one year by that time. We have 18 months of cohabitation now.

Okay well best of luck to you both, let us know how you get on?

Sabina1 · 25-01-2018 2:10pm

MJPS wrote: »

Okay well best of luck to you both, let us know how you get on?

Hello to all
Im non eu de fecto my girlfriend from poland she working in hospital 7 years and we are living togater one yesr to we was met in london two wears ago and we start talking chatting every day on whatsapp and i have one years whatsapp histry and after one year i moved in dublin and start living togather
We have joints bank account lots of dated pictuer hotel booking our name travel tickets and home bills and i have pps card number and i did pass iresh thoery test last week and tesco mobile contreact my name our address and police clearnce later from my country
I just wondred about private medcal insurance i dont know what how can get
And can i submet my case? If any one know good solicitors please tell thanks

Varetinha · 08-02-2018 10:06pm

Hi guys,

Just to keep you updated, my partner and I had the permission granted early this week!

We applied in the very beggining of August, received a letter with the application number a week later, and then on the 3rd of January received another letter asking for updated bank statements, bills and private health insurance.

Then, after waiting long 4 weeks, we got the visa!

It went quite smoothly, beside the long wait and all the work putting everything together. I also would like yous to know that the fact we've been living with my partner's parent didn't affect our application.

I wish the best of luck for yous all!

mistersifter · 09-02-2018 12:37pm

Varetinha wrote: »

Hi guys,

Just to keep you updated, my partner and I had the permission granted early this week!

We applied in the very beggining of August, received a letter with the application number a week later, and then on the 3rd of January received another letter asking for updated bank statements, bills and private health insurance.

Then, after waiting long 4 weeks, we got the visa!

It went quite smoothly, beside the long wait and all the work putting everything together. I also would like yous to know that the fact we've been living with my partner's parent didn't affect our application.

I wish the best of luck for yous all!

Congratulations Varentinha!! and thanks for the update. Can't believe it took them an extra month to review the new stuff that you sent, but it must be a serious relief for you - time to celebrate!

And it's great to hear that they are now more understanding about living in family homes. The price of rent is forcing a lot of people back into their family homes. It used to be the case that they didn't consider it a relationship "akin to marriage" if you didn't have your own place. At least now they seem to realize that this attitude is unfair. In our case, we've moved home so that we can save for our own place so this it actually is a sign of how serious the relationship IS rather than Isnt.

Do you think there were any other deciding factors e.g. does it help if the person seeking the visa is working or not working?

Thanks again for the update! I will keep you posted on our situation. Applied early November so a couple of months to go as of yet.

allenae · 27-02-2018 5:18pm

I'm just starting to look into the de facto visa for my (Irish) fiance and me (American). We're planning on getting married next year. I've been living in Ireland for a year and a half, first on a student visa, now on a third level graduate scheme visa. I think we'll be fine in terms of documentation, we'll be together 3 years this summer, have tons of proof and housemates who will make our supporting statement. We can put in the application in August, which is our two year cohabitation point, and my current visa expires at the end of October. My main question is, if the application period is about 6 months, what is my immigration status while we wait? Can I get an extension on my visa in that time?

My understanding of the third level graduate scheme visa is they only extend it for the second year if I've tried to apply for a work permit and been rejected. Is waiting for the de facto application a reason for them to extend the third level graduate visa? Ideally I'll get a job in my field and a work visa will fall into my lap and this won't be an issue, but I struggled to even find my current unpaid internship.

I should probably try and talk to a lawyer. But I don't feel like I need help the whole time, just a conversation to answer some questions. As someone who has never hired a lawyer before, can you get a small consultation like that for not too much money? I wouldn't even know where to begin finding someone trustworthy.

Edit: I saw someone said that you can apply for an extension based on the fact that you're waiting to hear but that it's unlikely. What do you think our chances are if we apply in April, which would put us at living together for 20 months and being in a relationship for 34 months, and still giving me 6 months on my current visa to wait on their answer?

mistersifter · 27-02-2018 10:05pm

it takes them about 5 months to process the application and then after this point it seems that they will ask you to send MORE proof that you are still together throughout the 5 months that your application was sitting in their office. After this second load of documentation is sent to them, it seems to take around another month more to actually get the final seal of approval. So maybe if you apply in april then in 5 months they will get to your application, ask you for more documentation and you will have been 2 years living together.

allenae · 28-02-2018 11:53am

mistersifter wrote: »

it takes them about 5 months to process the application and then after this point it seems that they will ask you to send MORE proof that you are still together throughout the 5 months that your application was sitting in their office. After this second load of documentation is sent to them, it seems to take around another month more to actually get the final seal of approval. So maybe if you apply in april then in 5 months they will get to your application, ask you for more documentation and you will have been 2 years living together.

Cool! That's what I was hoping/thinking. Thanks!

Varetinha · 28-02-2018 12:00pm

allenae wrote: »

Cool! That's what I was hoping/thinking. Thanks!

As far as I know you can't apply with less than 2 years otherwise they will reject you.

Have you had a look at INIS website about the third level graduate scheme? They say you'd need to show them you've been looking for a job but haven't been successful yet. You can show e-mails applying for jobs, scheduled job interviews, etc.

If you can't do this anyway, INIS would issue you a stamp 3 temporary permission that allows you to remain in the country but not work.

kmart6 · 28-02-2018 1:29pm

allenae wrote: »

My main question is, if the application period is about 6 months, what is my immigration status while we wait? Can I get an extension on my visa in that time?

Get your application in when you have reached 2 years. When you have your application number it is a case of arranging an appointment to get a Stamp 3 which will cover you to be here legally while the application is being processed. You cannot work under this.

allenae wrote: »

My understanding of the third level graduate scheme visa is they only extend it for the second year if I've tried to apply for a work permit and been rejected.

Where did you see this? Unless this is a recent change it is not the case.

allenae wrote: »

Is waiting for the de facto application a reason for them to extend the third level graduate visa?

No, they will not extend your graduate visa just because you have an application in.

allenae wrote: »

I should probably try and talk to a lawyer. But I don't feel like I need help the whole time, just a conversation to answer some questions. As someone who has never hired a lawyer before, can you get a small consultation like that for not too much money? I wouldn't even know where to begin finding someone trustworthy.

You really don't need a lawyer for any of this. All laid out pretty clearly on the INIS website.

allenae wrote: »

Edit: I saw someone said that you can apply for an extension based on the fact that you're waiting to hear but that it's unlikely. What do you think our chances are if we apply in April, which would put us at living together for 20 months and being in a relationship for 34 months, and still giving me 6 months on my current visa to wait on their answer?

As above, it won't be an extension you'll be applying for it will be a Stamp 3 and they grant these for the period of time that they feel will cover the time it will take for the application to be processed.

There are a good few posters on here who have gone through it recently. Suggest you look over this thread in detail and if you have any questions just ask.

allenae · 01-03-2018 12:13pm

kmart6 wrote: »

Where did you see this? Unless this is a recent change it is not the case.

It was what I took away from the guy in the immigration office when I was getting my card for the third level graduate scheme this year. He said they're offering people another year, but only if you've sought employment and been unsuccessful. I think I misremembered that as you've sought an employment permit and been unsuccessful, but I think Varetinha is right that it was just employment generally. My main problem has been trying to even find a job listing that isn't on the Ineligible jobs list, not having issues with being rejected for jobs yet because I can't find anything to apply for that would qualify.

The Stamp 3 seems like my primary option, thank you for the help. I thought about a lawyer consultation because a lot of people said that this process is so complicated that it can be helpful, but obviously I'd like to avoid that haha.

jobie419 · 09-03-2018 7:26pm

Hello!
I am a US Citizen applying for a De Facto Permit. My boyfriend is an Irish Citizen who has been living and working in Boston with his company for the past 2 years. We have been living in Boston together for two years and have the appropriate documentation for the application. I have a couple questions if anyone has any advice:
1.) We have been and currently live in the US with plans to move back to Ireland - his job allows him to be in either Boston or Dublin. I have seen a lot of information regarding people applying while living in Ireland. Has anyone applied living outside of Ireland?
2.) How much supporting information did you include in your application? We have the necessary documents from landlords, employers, etc. I have a TON of supporting pictures, vacation tickets, and social media posts. Is there such a thing as 'too much' supporting information?
Thanks so much!
Jobie

kmart6 · 09-03-2018 9:26pm

jobie419 wrote: »

Hello!
I am a US Citizen applying for a De Facto Permit. My boyfriend is an Irish Citizen who has been living and working in Boston with his company for the past 2 years. We have been living in Boston together for two years and have the appropriate documentation for the application. I have a couple questions if anyone has any advice:
1.) We have been and currently live in the US with plans to move back to Ireland - his job allows him to be in either Boston or Dublin. I have seen a lot of information regarding people applying while living in Ireland. Has anyone applied living outside of Ireland?

Have you read through the detailed information here?

Point 1 - Where it doesn't say you must be living in Ireland specifically it does point out if the Applicant (you) wants to remain in Ireland they must provide the evidence of being together for 2 years. Need that clarified.
Point 4 - Both must be living in Ireland.

Someone else here might be able to shine some more light on these two points. We were living together in Ireland for 2 years before applying.

jobie419 wrote: »

2.) How much supporting information did you include in your application? We have the necessary documents from landlords, employers, etc. I have a TON of supporting pictures, vacation tickets, and social media posts. Is there such a thing as 'too much' supporting information?
Thanks so much!
Jobie

Best to include everything they ask for when it comes to proof of living together, bills, finances etc. No such thing as too much once it shows a relationship over a time period, but no need to send them 20 photos from the same week long holiday. They generally only flick through this is which does make getting everything together a bit disheartening but has to be done.

Have you looked into what visa you can get to come here? Do you have options other than a holiday visa?

LordDennys · 19-04-2018 10:19pm

Hi there!

Looking for advice re: the De Facto Visa.

My gf is from the US and has lived here since late 2014. We have lived together for over 2 years and submitted our de facto visa application last December.

The problem is her Working Holiday visa ran out this week. When she went into the GNIB to ask for an extension/ stamp 3 to cover the period until a determination is made on the d facto application, she was told no and that she would have to leave the country and return on a 90 day tourist visa.

We are obviously pretty distressed about this unexpected situation. Our understanding based on what we have read from others in this thread is that a stamp 3 would be given to cover the period until the de facto visa is determined.

Any help/ guidance would be massively appreciated.

Thanks in advance..

kmart6 · 22-04-2018 8:57pm

If that's the advice you got directly from them I'd say there isn't much else that can be done. It may because technically the visa was allowed to lapse. Generally the extension is given before a visa runs out.

mistersifter · 22-04-2018 9:15pm

i would recommend that you get in touch with the INIS De Facto office directly in writing and ask for an extension stamp 3. We are in a similar situation and got an email reply about this. It states that when my partner's visa expires she should apply in writing to de facto unit for an extension.

I have emailed them again to clarify whether or not she should apply after her visa expires or a couple of weeks before it expires.

the firstemail was worded as follows;

If her permission will expire whilst her
application is being processed she may apply for a temporary Stamp 3. She
can apply to De Facto Partnership, Residence Division - Unit 5, INIS, P.O.
Box 12695, Dublin 2.

zoom_cool · 14-05-2018 9:10am

My Partner (non EU national) and I (Irish National) are living together just over a year now she is currently on a Stamp 2 Visa which will expire on August.

In order to make up the additional time so we can apply for a de facto visa can she apply for a stamp 3 visa? I know she wont be able to work on this Visa but I am able to full support her until we get the de facto Visa application process complete.

lynvoh · 14-05-2018 9:28am

zoom_cool wrote: »

My Girlfiriend (non EU national) and I (Irish National) are living together just over a year now she is currently on a Stamp 2 Visa which will expire on August.

In order to make up the additional time so we can apply for a de facto visa can she apply for a stamp 3 visa? I know she wont be able to work on this Visa but I am able to full support her until we get the de facto Visa application process complete.

I applied for a de facto visa without having all the requirements, like the 2 years, and all I got was a rejection, it was very quick, like a week or two, so if you want to try, at least you will receive the result in less than a month.

They gave me the stamp 3 once the stamp process was already started, after completed all the requirements.

zoom_cool · 14-05-2018 9:43am

Thanks lynvoh for the information. So you are currently on a Stamp 3 even do refused for the de facto requirements? How long do you have on the stamp 3?

lynvoh · 14-05-2018 9:53am

No, no. It was like:

1- Applied for the first time. Got rejected.
2- Under an stamp 2, I waited almost two years. Then applied again for stamp 4.
3- My last stamp 2 was expiring at some point, so I asked for a stamp 3, but I was already accepted in the stamp 4 process.

They give you a stamp 3, only if they already accepted your stamp 4 application, and they need time to analyze all the information you provided, but your current visa is expiring.

Hope It's clear. If you need more information, send me a PM.

Ireland De-Facto Visa

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