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Ireland De-Facto Visa

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Comments

  • Registered Users Posts: 123 ✭✭_brendand_


    If it's any reassurance, my (indian) sister in law got hers through her Italian then boyfriend, now husband after only dating (not even cohabiting) for two years. Whether different rules are applied due to it being under EU law rather than Irish law, I don't know.


  • Registered Users Posts: 11 fmt38


    I'm from N.Ireland and have a British passport. We were advised by our lawyer to fill out the EU1A form.


  • Registered Users Posts: 62 ✭✭uponthegad


    fmt38 wrote: »
    I'm from N.Ireland and have a British passport. We were advised by our lawyer to fill out the EU1A form.

    Ah that makes sense, good advice! Thanks for the reply.


  • Registered Users Posts: 2 jobie419



    I was then contacted a couple weeks later, requesting updated health insurance (I accidentally sent an expired cert) and a Police Clearance from every country in which I have resided over the past 5 years (except Ireland). When we applied, I had only resided in Ireland for the previous 5 years, so I sent proof of address covering my entire residence here.

    I'm an American who is putting together my application now. How did you acquire a Police Clearance from the US? I'm residing in Dublin right now but everything I am seeing on google says to go to my local US police station...
    Thanks, jobie


  • Registered Users Posts: 7 mountainwrites


    jobie419 wrote: »
    I'm an American who is putting together my application now. How did you acquire a Police Clearance from the US? I'm residing in Dublin right now but everything I am seeing on google says to go to my local US police station...
    Thanks, jobie

    Hi - sorry for the delay.

    As mentioned, I didn't need a police clearance from the US because I've only resided in Ireland for the past 5 years on student visas and work permits.

    However, I believe you can request a police clearance through the FBI. This might help: https://www.canada.ca/en/immigration-refugees-citizenship/services/application/medical-police/police-certificates/how/united-states.html#FBI-contact. It's from the Canadian Government, but seems to describe the same document needed for the De Facto visa.

    Good luck with it!


  • Registered Users Posts: 65 ✭✭lynvoh


    Bumping up this thread, Does anybody renew the stamp 4, recently ? What are the requirements up to today ?


  • Registered Users Posts: 3 buntyman123


    My girlfriend and I have been together for 2 years this January. She is non EEU(Brazil) and her student Visa is expired almost 2 years. We are planning on travelling to Denmark to get married in February and return to Ireland, with marriage cert, apostille etc. My only worry is at immigration. First of all, can she leave on an expired Visa to another EU country and secondly, what will happen once we return at immigration?


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Are you saying she has been living here for two years illegally?


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  • Registered Users Posts: 3 buntyman123


    Yes, that is correct.


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Then I suggest that you contact INIS directly in relation to your situation.

    She will be able to leave the country but no guarantee of re-entry to Ireland. Have you looked into how she can enter Denmark and visa requirements?


  • Registered Users Posts: 2,690 ✭✭✭ElChe32


    Seek an immigration lawyer. Why did she not renew her visa? That's wildly irresponsible and the state won't look favourably on her situation.


  • Registered Users Posts: 3 buntyman123


    Entering Denmark, she will be given a 90 day tourist Visa stamp. Do you know the penalty for overstaying a student Visa for so long?


  • Registered Users, Registered Users 2 Posts: 7,213 ✭✭✭bobbysands81


    Entering Denmark, she will be given a 90 day tourist Visa stamp. Do you know the penalty for overstaying a student Visa for so long?

    Department of Justice don’t keep records of people leaving the country.

    She could have left two years ago for all the Dept of Justice know.

    Talk to an immigration lawyer before you do anything.


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  • Registered Users Posts: 11 fmt38


    I have great news on our situation!! Our application to INIS has been successful. We received a letter yesterday from INIS....my partner who is Brazilian is getting his residence card which is valid for 5 years. After that he can then apply for a permanent residence card.

    We are delighted that this is finally sorted after all the stress during the last 4 years! Getting advice from a great immigration lawyer, based in Dublin, definitely helped our case. Our application and all the information they requested was very well organised and detailed and I think this made a difference to our outcome.

    I got in touch with GNIB on facebook and we have our appointment at INIS this Saturday!


  • Registered Users, Registered Users 2 Posts: 3,185 ✭✭✭mistersifter


    hi all,

    just wondering if anyone has any info about the renewal process for the De Facto visa?

    We've had the de facto nearly a year now so just wondering what happens when we renew it?

    Do they ask for documentation of any kind or further proof of relationship during the last year, or is it just a matter of going to the gardai and getting stamped?

    thanks!


  • Registered Users Posts: 2,690 ✭✭✭ElChe32


    hi all,

    just wondering if anyone has any info about the renewal process for the De Facto visa?

    We've had the de facto nearly a year now so just wondering what happens when we renew it?

    Do they ask for documentation of any kind or further proof of relationship during the last year, or is it just a matter of going to the gardai and getting stamped?

    thanks!

    We've renewed twice now and each time they only glanced at both our passports and were told "you can pop your card in there". We always bring updated documents with us, bank accounts, proof of address etc. but it has never been even looked at. My gf has to renew in June and we are hoping that they'll give us more than a year this time but we will see.

    (Sorry, meant to say we renewed in the GNIB in Burgh Quay)


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    ElChe32 wrote: »
    My gf has to renew in June and we are hoping that they'll give us more than a year this time but we will see.

    Are you basing this on anything or is just purely hope?


  • Registered Users Posts: 2,690 ✭✭✭ElChe32


    kmart6 wrote:
    Are you basing this on anything or is just purely hope?


    Just gunna ask and see. It's at their discretion.


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  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Where are you getting that from? It is down as a year everywhere I have seen and been told by people I know who work in the office.


  • Registered Users Posts: 2 marksyno


    Hi,

    I recently applied for the visa for my girlfriend and myself, we got a letter about providing further evidence (insurance & police clearance) which we will supply.

    My question is does anyone know if my girlfriend has to be in Ireland for the duration of the application process? She was here on the date of the application but may not be by the time we provide the further evidence. Im a little worried about this.

    Appreciate any replys!
    Thanks!


  • Registered Users Posts: 2,590 ✭✭✭CurryFlavoured


    Hi guys looking for advice on de facto visa.

    I'm an Irish citizen, my girlfriend of just over 3 years is Australian. We have proof of living together for 1 year, joint bank account, proof of being together 3 years (photos, flights etc. together over that period). I'm currently in Ire and her in Aus since March so we're apart (my visa ran out), I am returning to Aus from June - Aug on a holiday visa, from August onwards we are looking at living in Ireland for about 2 years, before moving back to Aus. We lived in Ireland together for 1 year previously in 2017 (she was on a working holiday visa).

    Will she be eligible for a defacto visa? I've read in places that it requires 2 years of living together.
    Is it a difficult visa to get given my circumstance? (length of application, cost, likelihood of approval)
    Is it possible to apply with her not in Ireland?
    Would we be better off applying for civil partnership and going that route? I've looked into it but it's difficult to get info online on CP applications/visas. Unsure if this is even an option. Alternatively is there another visa she could avail of for 1-2 years.

    Any advice for past experiences that could help would be greatly appreciated!


  • Registered Users Posts: 2 natshxchen


    Hi all,

    I have a quick question, my boyfriend (Irish citizen) and I have been together for two years and half now, and we are thinking to send our De Facto Visa when we gather all documentation we need. However, we havn't been living together for two years. It will be in September this year, and currently we are apart for nearly a month.

    Just curious did anyone of you have your visa approved without living together for two years? Or we better wait till September to send out the application?

    Any advise appreciated


  • Registered Users, Registered Users 2 Posts: 3,185 ✭✭✭mistersifter


    ^^

    As far as I recall the rule when we applied was that you had to be 2 years living together when they received your application. So I would say wait until September.

    However , it wouldnt hurt to email them to check this.

    On another note; we got our Visa renewed for the first time this month. It was fine; we went and showed up to date bank statements and ID, paid 300 euro (ouch!) and were told to come back in a couple of weeks to collect the card. Wwe're not in DUblin so was just a case of making an appointment in local Garda station.


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Wwe're not in DUblin so was just a case of making an appointment in local Garda station.

    Is it not Garda District HQ?


  • Registered Users Posts: 7 mountainwrites


    kmart6 wrote: »
    Is it not Garda District HQ?

    Registration depends on where you live. Outside of Dublin City or county, you register at your local Garda station. In Cork, for example, it's at the Anglesea Street Station, which unfortunately does not take appointments.

    http://www.inis.gov.ie/en/INIS/Pages/registration-offices


  • Registered Users, Registered Users 2 Posts: 15,172 ✭✭✭✭kmart6


    Didn't know that has changed to all stations. Would find it hard to believe each station could cover it off when I know the district HQs struggled to have staff with the required training for it previously.


  • Registered Users Posts: 89 ✭✭sheepondrugs


    hi, my partner (now wife) has been on a de facto visa for the last 3 years. This is up for renewal again in August.
    however we got married in Ireland earlier this year.

    Does anyone know if she can transfer straight to a spouses visa (we have GNIB appointment in august) or is there another process to go through?

    Any help appreciated.


  • Registered Users Posts: 15 Willoflood


    hi, my girlfriend and i have been together since Jun 18 and been living together since Jan 19.

    our problem is that we only started going out after she arrived here on her first student visa. with student visas only being for 8 months and only renewable twice, that means by apr '20 she will not be able apply for another student visa.

    unfortunately, by the time her final student visa expires in april next year, we will be 8 months short of the 2 year living together requirement.

    is there any way around this or are they hardline with the 2 years?

    if we can't get the de facto visa, is there any other option open to her to stay in the country for 8 months until we are eligible for the 2 year requirement?


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  • Registered Users, Registered Users 2 Posts: 3,185 ✭✭✭mistersifter


    AFAIK she would have to enroll in a university course to get another student visa. A one-year MA course somewhere? This would be costly obviously.

    A big ask but you might also be eligible to apply if you move abroad with her for 8 months - somewhere you can both legally reside - and then demonstrate that you have 2 consecutive years living together.


  • Moderators, Science, Health & Environment Moderators Posts: 4,644 Mod ✭✭✭✭Daisies


    Willoflood wrote: »
    hi, my girlfriend and i have been together since Jun 18 and been living together since Jan 19.

    our problem is that we only started going out after she arrived here on her first student visa. with student visas only being for 8 months and only renewable twice, that means by apr '20 she will not be able apply for another student visa.

    unfortunately, by the time her final student visa expires in april next year, we will be 8 months short of the 2 year living together requirement.

    is there any way around this or are they hardline with the 2 years?

    if we can't get the de facto visa, is there any other option open to her to stay in the country for 8 months until we are eligible for the 2 year requirement?

    If she is enrolled in certain institutions and studying a level 8 qualification she can apply for a third level graduate programme from my understanding. Stamp 1G.


  • Registered Users Posts: 15 Willoflood


    AFAIK she would have to enroll in a university course to get another student visa. A one-year MA course somewhere? This would be costly obviously.

    A big ask but you might also be eligible to apply if you move abroad with her for 8 months - somewhere you can both legally reside - and then demonstrate that you have 2 consecutive years living together.

    Thanks for the replies.

    Just wondering if anyone has been in a similar situation?

    Would be open to moving to the EU (preferably UK for work reasons) and wondering how difficult it would be for her to stay in any of the EU countries (legally) for up to one year?


  • Registered Users, Registered Users 2 Posts: 3,185 ✭✭✭mistersifter




  • Registered Users, Registered Users 2 Posts: 311 ✭✭LastStop


    Does anyone know if the Irish national is married but separated and waiting for divorce can they apply for De-Facto for their new partner. Also is there any benefit to using a solicitor or is it money wasted? Anyone using a solicitor able to give an idea of cost?


  • Registered Users Posts: 1 RMAH


    Hi There!!
    Hoping anyone who has been through the initial steps of the Irish De Facto Visa is able to help :)

    I am Australian and my partner is Irish, we moved to Dublin March 2019 from Australia. I am currently on a working holiday authorisation in which my work permit is due to end on the 28th of Feb. During our year here we have submitted a De Facto Visa application to INIS as of September.
    We read somewhere that it can take 6-12months to process - has anyone had there application processed by 6 months?

    We had submitted a massive novel (1000 docs) of cohabitation, finances...even a copy of our Australian Registration of Relationship Certificate with the Australian Births, Deaths and Marriages dated back to 2017.

    We are weighing up whether its worth trying to live off my Irish partners income for 6 months after my work permit ends whilst we wait to hear back from this visa or whether its more beneficial for myself to return to Aus and get a 2 year UK visa.
    We only wish to stay in Ireland for 2 or so years to be close to his family as his parents are elderly and unwell but the whole system seems really rigid and we aren't seeming to have much response from INIS.

    Any feedback on processing times would be really appreciated :)


  • Moderators, Business & Finance Moderators Posts: 10,413 Mod ✭✭✭✭Jim2007


    RMAH wrote: »
    We are weighing up whether its worth trying to live off my Irish partners income for 6 months after my work permit ends whilst we wait to hear back from this visa or whether its more beneficial for myself to return to Aus and get a 2 year UK visa.

    Getting a two year visa for the UK would draw you intention to live with your partner in Ireland into question. It is very important to be consistent with these kinds of applications.


  • Registered Users Posts: 2 natshxchen


    RMAH wrote: »
    We read somewhere that it can take 6-12months to process - has anyone had there application processed by 6 months?


    Hi, I sent my application around the same time as you (I posted it on 16/09/2019 and received a confirmation letter a few days later), and on 17/01/2020 I received a letter asked for up to date information like bank statements, private health insurance and utility bills.
    I posted what they asked for in a week or less, then I got the letter on 30/01/2020 saying I can stay in Ireland on a Stamp 4 conditions.

    So it's been 4 months in my case, and I think you probabely get your visa soon considering we sent our applications around the same time.
    Hope my experience helps.


  • Registered Users Posts: 19 ROFY123


    Hello,

    Has anyone had trouble obtainong police certificate as garda are saying they can not issue for de facto visa


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  • Registered Users Posts: 2 leesacrow


    Hi everyone.

    I will be applying for the Defacto visa for my partner of 5 years. We have lived together for 3 years, however we are living in an Arab country where it is technically illegal, thus we have no proof such as tenancy contracts or joint bank accounts etc. Has anyone else been in this situation and did you get around it in any way?

    Thanks in advance.


  • Registered Users Posts: 5 Miladoll


    You can't apply for a work permit while in the country on a short stay visa. You should check the Department of Education and Skills website for the qualifying criteria for a work permit and especially this page, https://www.djei.ie/en/What-We-Do/Jobs-Workplace-and-Skills/Employment-Permits/Employment-Permit-Eligibility/Ineligible-Categories-of-Employment/, for what categories of professions that are ineligible for a work permit.


    You also cannot apply for de facto while in the country on a short stay visa, see the defacto page on the immigration website. http://www.inis.gov.ie/en/INIS/Pages/De%20Facto%20Relationships


    As far as I know, you need to provide proof of living together for at least 2 years. 

    Dear Sirs,


    I would like to inquire about DeFacto. I am a Trinidadian citizen , with resident unconditional stamp lived in Jamaica. I met my partner (Irish) in Jamaica 2015. We have been together for that period to present. We have been traveling to Ireland since 2016 for holidays. He had an expat job in Jamaica for the duration. 


    On the 24th July 2021 we decided to move to Ireland, he has been looking for a a job here. I am on a non-visa required password and was permitted 90 days holiday. 


    Since then time has passed as we planned on making an application for Defacto however due to abit of traveling during the 90days , not much has been done. 


    We received an extension for my stay for another 3 months to process, however I am overwhelmed by the Webpages and forums how to proceed. 


    Known that I have an extension, would I need to leave and apply for for a preclearance letter for a long stay visa or can I pursue under my extension ?


    We lived together while in Jamaica however due to the nature of his Job his lease is not in our names but the companies name , we have a private landlord. 


    I have read the horror stories , We want to make an application without delays , spending excessive monies to fly back in and out . 



  • Registered Users Posts: 5 Miladoll


    Dear Sirs,


    I would like to inquire about DeFacto. I am a Trinidadian citizen , with resident unconditional stamp lived in Jamaica. I met my partner (Irish) in Jamaica 2015. We have been together for that period to present. We have been traveling to Ireland since 2016 for holidays. He had an expat job in Jamaica for the duration. 


    On the 24th July 2021 we decided to move to Ireland, he has been looking for a a job here. I am on a non-visa required password and was permitted 90 days holiday. 


    Since then time has passed as we planned on making an application for Defacto however due to abit of traveling during the 90days , not much has been done. 


    We received an extension for my stay for another 3 months to process, however I am overwhelmed by the Webpages and forums how to proceed. 


    Known that I have an extension, would I need to leave and apply for for a preclearance letter for a long stay visa or can I pursue under my extension ?


    We lived together while in Jamaica however due to the nature of his Job his lease is not in our names but the companies name , we have a private landlord. 


    I have read the horror stories , We want to make an application without delays , spending excessive monies to fly back in and out . 



  • Registered Users, Registered Users 2 Posts: 3,185 ✭✭✭mistersifter


    I would recommend having a read through this thread.

    It's been a few years since I went through the application with my partner. The process took 8 or 9 months. She was on a student visa at the time.

    I don't think you can go directly from a holiday visa to the De Facto visa (i.e. stamp four), so you might have to leave Ireland at some point and then return if and when it's approved.

    Sounds like you have been living together for more than the required amount of time, so that's good. Maybe get a letter from your partner's company confirming his address in Jamaica, and then your can get some confirmation from your side that you lived at the same address. That way it would match up.

    Do the application as best you can, submit it. They will probably come back to you to look for a second round of documents anyway.



  • Registered Users Posts: 5 Miladoll


    Thank you , appreciate it . Was your application success ? The only problem is he wouldn’t be able to go back to his company for confirmation of the address so we are going to ask our landlord to confirm as he lived on the said premises as our cottage.


    the timeline is crazy oh my the thought of spending monies to go back and forth tears me - do you know if Northern Ireland is consider a whole or under the UK jurisdiction?


    most of what we read stated defacto has to be submitted prior to , the cases are spiking with COVID and exposure I hope their will be some kind of leniency if not I will have to leave and return using our time to combine our documents. If you have any recommendations of docs will be nice I have an idea but with experience tend to know abit more .


    did you submit to Dublin or send to the nearest immigration guarda ?

    how long did your get for stamp 4

    thanks again was delighted to see a response.


    being a non-eea and my partner away from ireland so long we both feel at loss with standards rules etc and as much advise we can get will go a far way especially when we can decipher what is helpful and additional knowledge cheers



  • Registered Users Posts: 5 fra87


    Hello everyone, I have been reading the last pages of conversation and I have some questions as I'm sure some of you has looked into this better then me. We are about to file an application for a de facto visa as my partner (5 years) will want to move to Ireland next August. He is an American citizen and I'm Italian and I was wondering if a de facto visa gives my partner work rights in Ireland. He will want to apply for jobs and I want to make sure that he can do it while in a de facto visa. Also, how long did it take for your applications to be successful/unsuccessful? Thanks a million!



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  • Registered Users, Registered Users 2 Posts: 1,178 ✭✭✭cw67irl


    De Facto Partner is a preapproval process, It has to be approved before the Non EU Partner arrives in Ireland. Id get on that ASAP as the De Facto Apps take a while to get approved.



  • Registered Users Posts: 3 ExpatBuyer


    Hello

    I am currently living abroad with my partner and I am considering moving to Europe.

    She can qualify for the De-Facto visa as far as I can see, I am wondering would this allow to live anywhere in the EU or strictly just Ireland?

    Thanks in advance for help :)



  • Registered Users Posts: 12 L.Riley


    Hey guys. Have a question here, hoping somebody knows the answer to. We got out de facto letter granting the permission to register recently but there weren't any instructions for the registration itself, just "register in person together with your partner". We reside in Dublin and this won't be my first registration (change of circumstances, moving to stamp 4 from another stamp). On previous occassions I've been told not to attend Burgh Quay without making an appointment. For the life of me I can't find any information on how to make it and whether we should make it at all or if it is alright for us to just show up with the letter. The online appointment system has been replaced with a phone number but that is only used for first time registrations - called them, they don't know much, told me to email immigration support - well, I did that back when we received the letter and it's been nearly two months now and I still haven't heard back from them.



  • Registered Users, Registered Users 2 Posts: 1,178 ✭✭✭cw67irl


    There is an email inbox that should get back to you in a reasonable time. It's listed



  • Registered Users, Registered Users 2 Posts: 2,752 ✭✭✭beachhead


    This post has been running a long time.Interesting all the same.



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