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Ireland De-Facto Visa

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Comments

  • Registered Users, Registered Users 2 Posts: 17 Alcoholicia


    Patrin wrote: »
    Similar situation though with a much longer relationship and I can tell you even with 8 years together I am worried about the 2 year rule too. The working visa will be a big help and rememeber to document everything and highlight the reasons for not being together. I wish we had thought about this so early on. I have nearly nothing other than photos from the first like 4 years. At 19 who thinks about those things? Wish you the best of luck and hope you two get things worked out.

    :(

    I just don't understand how you're meant to live together for 2 years when you're not even allowed to be in the country past 90 days if you're non-EU/non-EEA. Are you supposed to keep extending your tourist visa with the stamp 0 and not work for a year? And then apply for the de facto visa and not work for potentially another 9 months? Does the country only want you if you have a lot of money?

    It's really discouraging that international couples are essentially being forced to get married to be together.


  • Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭Cushie Butterfield


    :(

    I just don't understand how you're meant to live together for 2 years when you're not even allowed to be in the country past 90 days if you're non-EU/non-EEA. Are you supposed to keep extending your tourist visa with the stamp 0 and not work for a year? And then apply for the de facto visa and not work for potentially another 9 months? Does the country only want you if you have a lot of money?

    It's really discouraging that international couples are essentially being forced to get married to be together.
    It's important for you to remember that a DeFacto visa is designed for couples who are basically in a relationship that is the same as if they were married, the only difference being that they don't have the bit of paper saying that they are married. If the relationship breaks down the DeFacto partner loses their right to remain in the country.

    It's really not all that different to your partner wanting to move to the US to be with you. INS don't recognise DeFacto relationships at all. The only option based on romantic relationships for an immigrant visa to the US is either a spousal visa (where the US citizen petitions for their alien spouse to either join them in the US or adjust their current status to remain with them in the US), or a fiancee visa which allows the alien fiancee to enter the US & marry within 90 days. Effectively both of these visas rely on the US citizen sponsoring their alien partner. Neither country makes it easy for anyone, even in the case of married couples.

    Of course both countries allow for work/qualification based visas, which allow someone to enter & work in their own right. This really is now the best option for couples who don't intend to marry, or don't know whether they want to marry. You are both students, so once qualified you may both be in a better position to relocate either side of the Atlantc for work purposes & live together. It may mean living in both countries together long enough to satisfy the two year rule, but if that's what you have to do that's what you have to do.

    The two year rule has only recently been brought in, so it's a bit early to know or to hear about how rigidly it will be enforced, or exactly what reasons will be considered as compelling enough not to satisfy the two years living together.

    So, as well as you looking into coming to Ireland to work/study for a given period of time, your partner should explore the possibilities of moving to the US on either a gradute visa or by employer sponsorship. He could also look into obtaining employment from a US based IT firm in Ireland with the view to being relocated by them on an inter-company transfer. You may find that for whatever reason you won't like living in Ireland, or your partner might find that he prefers living in the US. It's not going to be easy & involves a lot of groundwork & research, but if you really want a future together it is achievable. If all else fails you always have the option of marriage.


  • Registered Users Posts: 8 sunshineab


    Hi guys,
    My boyfriend (Irish) and I have applied for the defacto visa four weeks ago ( just after the changes on the INIS website) and today we received a letter stating that my application has been refused because we haven't documented prof that we have been living in a Deafacto relationship. ( we've been in a relationship for over two years but have not lived together. We have sent a huge fokder with documented evidence a a durable relationship and plus another album with almost 80 photos, and anything you can imagine was attached to our Defacto application. Last year I moved back to my home country to gain experience in the field I had qualified in. I have lived in Ireland for the past 7 years but due to the new student regulations I could no longer renew my visa. I returned to Ireland in Sept so we could apply for the Defacto visa so I could live in Ireland with my boyfriend.
    Right now we don't know what to do, what's the next step? My tourist visa expires in December and in the letter it's stated that I have to leave the country on or before my visitor permission expires.

    Has anyone had their application refused before?
    We wish to appeal to their decision, because how are we supposed to prove that we have been living on a defacto relationship if I'm nit even supposed to stay in the country anymore?

    I suppose the new changes had an impact in our application, and it didn't take them that long to refuse it.

    We'd appreciate any info or suggestions as for what we should do?

    We only have 4 weeks before my visa expires.

    Thank you in advance


  • Registered Users Posts: 8 sunshineab


    Hi guys,

    Our situation has gotten a little more complicated since I last posted my message. We found out this week that there's a baby on the way. I'm 5 weeks pregnant and we don't know what to do. We have appealed to the INIS decision on Monday and just found out after that about the pregnancy.

    Does anyone know what we can do?
    My visa expires on the 17th of Dec...
    Thanks


  • Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭Cushie Butterfield


    sunshineab wrote: »
    Hi guys,

    Our situation has gotten a little more complicated since I last posted my message. We found out this week that there's a baby on the way. I'm 5 weeks pregnant and we don't know what to do. We have appealed to the INIS decision on Monday and just found out after that about the pregnancy.

    Does anyone know what we can do?
    My visa expires on the 17th of Dec...
    Thanks
    I don't know the answer to your question, but if I were you I'd definitely send a registered letter to INIS, quoting your reference number advising them of your pregnancy & ask them to add this info to your file, in case it would make a difference to your appeal.


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  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    I don't know the answer to your question, but if I were you I'd definitely send a registered letter to INIS, quoting your reference number advising them of your pregnancy & ask them to add this info to your file, in case it would make a difference to your appeal.

    And include a letter from a doctor confirming the pregnancy, maybe? At least that way they can't question the validity of your claim.


  • Registered Users Posts: 8 sunshineab


    I don't know the answer to your question, but if I were you I'd definitely send a registered letter to INIS, quoting your reference number advising them of your pregnancy & ask them to add this info to your file, in case it would make a difference to your appeal.

    Thanks for the advice cushie butterfield. I think that's what we are going to do! :-)


  • Registered Users Posts: 8 sunshineab


    And include a letter from a doctor confirming the pregnancy, maybe? At least that way they can't question the validity of your claim.

    Yea, we are going to send a copy of my doctor's letter. We need the original to show the consultant.
    Fingers crossed we will get this sorted out soon. We really want to go on a nice holiday before the baby arrives.

    Thank you


  • Registered Users Posts: 52 ✭✭perfectblue


    sunshineab wrote: »
    Yea, we are going to send a copy of my doctor's letter. We need the original to show the consultant.
    Fingers crossed we will get this sorted out soon. We really want to go on a nice holiday before the baby arrives.

    Thank you

    you could possibly look into hiring a family lawyer or immigration lawyer to help you out. the folks at crosscare migrant project might be able to give you some advice too. good luck!


  • Registered Users Posts: 4 ash1234


    Hey guys,

    I applied for my naturalization in 2009. I got letter in Jan 2012 that the decision on my application has been postponed for 12 months, I waits for 12 months and now i got mail that my application is recommenced and under check process, what i expect that how long it will take now? and what will be the outcome? if any one has clue plz let me know thanks.


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  • Registered Users, Registered Users 2 Posts: 3,332 ✭✭✭tatli_lokma


    ash1234 wrote: »
    Hey guys,

    I applied for my naturalization in 2009. I got letter in Jan 2012 that the decision on my application has been postponed for 12 months, I waits for 12 months and now i got mail that my application is recommenced and under check process, what i expect that how long it will take now? and what will be the outcome? if any one has clue plz let me know thanks.

    From the time ours was at checking stage it took a further 5 months. But it all depends on how complex/simple your application is. The more checking they have to do the longer it takes. There is no guaranteed time frame although they do aim to have all applications finalised within 6 months, but as I say it can take longer if your application is not straightforward.


  • Registered Users Posts: 4 ash1234


    Thanks for your kind information, but I was waiting for 12 months as Minister deffer a decision on my application, now it recommenced so still it will take that longer?


  • Registered Users Posts: 11 katsuas


    Hi there,

    Last year while living in Australia - I met my Australian boyfriend and we have been going out for 14 months. We didn't live together in australia but have lots of evidence of our relationship together (flight tickets together, tickets, photos ect)

    He came to Ireland for 6 weeks before christmas and has just been granted the working holiday visa for ireland for 12 months (with a 6 month limit in each job)

    Now - I have a few questions:

    Should he tell customs on the way in he is visiting a partner for record on the file?

    He is applying for his dream job here which would start in March (in the field of marketing / events) I assume the company will ask his visa options if they take him on? He can work for them for 6 months on his working holiday visa but the job is for 12 months min.

    So we were not planning on living together straight away but say if we did from March - September (6 months) that we were named on a lease together plus all the documentation from our then 2 year relationship and if we had joint bank account / bills ect - do you think he would be eligible for the defacto visa?

    My concern is really about what work options he would have to continue in that that company beyond the 6 month period and i'd love to have some clarity around options before he interviews.

    Thanks for any advice!


  • Registered Users Posts: 4 ash1234


    Hi every one..

    I have a quick question, I am applying for my family wife and my son, as i have been married here and divorced in 2012. I lived 8 years on stamp4 and applied for residency, as my wife are sick in my country and i want to invite her over here as I cant go because of my work. could you please give me some suggestions what to do,? will be really appreciated.


  • Registered Users Posts: 15 travstrong


    Hi all,

    Submitted Stamp 4 application in Sep 2013 just before they changed the rules, and haven't heard anything concrete back since. Sent a letter of enquiry in Dec 2013 and received the usual automated response.
    I was wondering if anyone had experience of sending in proof of job offers as a way to expedite things? Is this a good idea to try and speed up the process?
    I notice that the GNIB now has a public PDF file containing VISA approval status on their website, I guess its something, judging by numbers, I'm hoping things shouldnt take more than a month more to process, if they actually do work in numerical order.


  • Registered Users Posts: 15 travstrong


    Just got a rejection notice today, absolutely gutted. It appears they are not accepting time spent outside the State as evidence for a durable relationship.
    Submitted very detailed information showing daily correspondence for this period, but to no avail.
    Does anyone have any suggestions? Is an appeal worthwhile, or legal recourse?


  • Registered Users, Registered Users 2 Posts: 52 ✭✭Bull_Boy


    travstrong wrote: »
    Just got a rejection notice today, absolutely gutted. It appears they are not accepting time spent outside the State as evidence for a durable relationship.
    Submitted very detailed information showing daily correspondence for this period, but to no avail.
    Does anyone have any suggestions? Is an appeal worthwhile, or legal recourse?

    Trust me, they will make it as difficult as possible. We sent an application in, and before we heard back the rules changed. 2 weeks after the changes, we got rejected, and they had used the new criteria. I am the foreigner in the relationship, my girlfriend of over 4 years is Irish, and I'm here on a student visa.

    There were problems with the student visa too, because I'm doing the ACCA. We wound up having to go to a solicitor. Even she said the de-facto thing is very tough to get if you haven't lived together in Ireland for 2 years. We went after the student visa and got that done.

    I'd say witht his big anti-foreigner move that they govt. are trying to clone from the UK, there are probably quotas for non-assylum applicants. Be ready to play the waiting game. They will not see you personally, and there is no longer any phone line. Snail-mail is the only language these poor old folks understand.

    Sorry to have to say that, but it is what I found.


  • Registered Users Posts: 8 sunshineab


    Hi there,


  • Registered Users Posts: 15 travstrong


    Hi Bullboy, thanks for your experience

    What problems did you find with the student visa, do they not recognise accountancy courses as valid courses for a student visa?

    Did the solicitor thing work out for you in the end regarding de facto matters, or was the student visa your backup plan?

    It does seem indeed that they are following the lead of the UK, as with most things in this country.


  • Registered Users Posts: 8 sunshineab


    sunshineab wrote: »
    Hi there,

    I'm sorry to hear about your rejection. I also got one too. We applied two weeks after the changes and received the rejection letter 4 weeks later.
    It's very clear that you haven't lived together for 2 years that you'll be rejected. We were aware of this but tried anyway. They are making things very difficult. You must be in a relationship akin to marriage. ( and trust me we had enough prove of our intentions and were together over two years, but we haven't lived together)
    In our case we sent an appeal letter 4 weeks later just to see what they'd get back with ( we were happy to get even stamp 3) but two days after we appealed l found out that we were expecting a baby so we sent a follow up letter from my doctor and 4 weeks later they replied saying that they I was granted stamp 3 due to exceptional circumstances. When our child is born I'll get stamp 4 automatically.
    Do appeal but I don't see the point of getting a lawyer. He's just going to write an appeal letter that you can easily write yourself. Don't give up and best of luck with it.
    It really sucks but unfortunately they are changed the rules and we just need to adjust to it


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  • Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭Cushie Butterfield


    sunshineab wrote:
    ...4 weeks later they replied saying that they I was granted stamp 3 due to exceptional circumstances. When our child is born I'll get stamp 4 automatically.
    That's great news!


  • Registered Users Posts: 15 travstrong


    Congratulations sunshineab, I'm really glad you guys managed to get approved after the appeal. I can't imagine the stress of worrying about visa issues while dealing with all the pregnancy stuff at the same time.

    Unfortunately, I'm not really seeing much grounds for a successful appeal in our case :/

    Fair point about the lawyer, friends of mine had success with one in the past, but that was before the new regulations, she was from another EU country aswell, plus they did shell out quite a lot of cash.

    Just found out yesterday that I had extremely high blood pressure for my age. I don't suppose this could count as extenuating circumstances, given the stress of the last few months....


  • Registered Users Posts: 8 sunshineab


    Mmmm I don't know if the high blood pressure will count but you should definitely mention it ;) what visa do you have at the moment? Can you get the student visa maybe and then apply again in the future? I was on student visa for 6 years so that wasn't an option for us.
    Maybe even the work visa?
    Keep us updated and do appeal is worth a try. If you could just apply for a student visa and study for 2 years and than apply for defacto would be better.


  • Registered Users Posts: 15 travstrong


    sunshineab wrote: »
    Mmmm I don't know if the high blood pressure will count but you should definitely mention it ;) what visa do you have at the moment? Can you get the student visa maybe and then apply again in the future? I was on student visa for 6 years so that wasn't an option for us.
    Maybe even the work visa?
    Keep us updated and do appeal is worth a try. If you could just apply for a student visa and study for 2 years and than apply for defacto would be better.

    Yes, I guess the student visa is really the only recourse at the moment, my partner is interested in studying further although cost of fees etc is a bit of an issue as English courses etc are no longer valid at this stage, coupled with the fact that finding part-time jobs has become exponentially more difficult in recent times. Stamp 4 would have been a real lifeline.
    Will definitely appeal the decision, but not sure what grounds would be valid tbh, ever hopeful.


  • Registered Users Posts: 8 sunshineab


    So it's not all lost for you guys.
    Just buy a cheap course because I know that there are lots out there.
    But yea the par time job sucks but at least there's something out there.
    Good luck


  • Registered Users, Registered Users 2 Posts: 52 ✭✭Bull_Boy


    travstrong wrote: »
    Hi Bullboy, thanks for your experience

    What problems did you find with the student visa, do they not recognise accountancy courses as valid courses for a student visa?

    Did the solicitor thing work out for you in the end regarding de facto matters, or was the student visa your backup plan?

    It does seem indeed that they are following the lead of the UK, as with most things in this country.

    The problem was that the ACCA is a professional qualification. It is not strictly speaking a 'degree', although on the NFQ guidelines it is a level 9, same as a Masters degree.

    The solicitor said that the de-facto thing would be very difficult, because we haven't been living together for 2 years. She said it is incredibly rare for those to be granted. I suspect they only do it if a child is expected, but that's just my opinion.

    Eventually the student visa was the way to go. I had been waiting for the Student Review Group for over a year, that is why I got the solicitor involved. That sped the process up and got things sorted.

    They will drag their feet and kill as much time as possible, probably in the hopes that people will just give up and leave. It smacks of the same underhanded tactics some insurance companies have when they approach a claim: Deny them all, and only help out the ones who make a fuss.


  • Registered Users Posts: 11 annabanana922


    Hi All,

    Does anyone know the current waiting time approximately? We sent in a huge folder in mid November, I know it usually takes around six months but is it currently much longer? We have lived together for over two years and have proof from all of our landlords, but I am still worried we might be rejected. Anyone have any tips of what else is good to send in?

    Thanks!


  • Closed Accounts Posts: 12,468 ✭✭✭✭OldNotWIse


    Hi All,

    Does anyone know the current waiting time approximately? We sent in a huge folder in mid November, I know it usually takes around six months but is it currently much longer? We have lived together for over two years and have proof from all of our landlords, but I am still worried we might be rejected. Anyone have any tips of what else is good to send in?

    Thanks!


    Seems to be hit and miss tbh. We were almost a year waiting for no apparent reason. Never asked to submit additional documentation. PM sent too :)


  • Registered Users Posts: 163 ✭✭FalconXV


    travstrong wrote: »
    Just got a rejection notice today, absolutely gutted. It appears they are not accepting time spent outside the State as evidence for a durable relationship.
    Submitted very detailed information showing daily correspondence for this period, but to no avail.
    Does anyone have any suggestions? Is an appeal worthwhile, or legal recourse?

    That's nonsense as I had most of my relationship outside of the country.


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  • Registered Users Posts: 52 ✭✭perfectblue


    FalconXV wrote: »
    That's nonsense as I had most of my relationship outside of the country.

    When did you apply FalconXV? My whole relationship was out of the country (in two countries, actually) but I happened to apply before the rules changed. I would be rejected today I'm sure.

    I'm curious now if "outside the country" means both partners or just one? If you both lived in Thailand for example for 2 years together, does that work? Or do they want the couple to live in Ireland specifically? It's mindboggling that immigration laws can't reflect modern realities of people living in multiple countries for various valid reasons (including work and school) and meeting partners in multiple ways.


  • Registered Users Posts: 163 ✭✭FalconXV


    When did you apply FalconXV? My whole relationship was out of the country (in two countries, actually) but I happened to apply before the rules changed. I would be rejected today I'm sure.

    I'm curious now if "outside the country" means both partners or just one? If you both lived in Thailand for example for 2 years together, does that work? Or do they want the couple to live in Ireland specifically? It's mindboggling that immigration laws can't reflect modern realities of people living in multiple countries for various valid reasons (including work and school) and meeting partners in multiple ways.

    2011. That was split between three countries, including an enforced trip back to where I come from as the relationship hadn't reached the 2 year requirement. A year was spent here on a working holiday visa, had a job (when I got that it was near impossible to get one), employer and political letters to support me. They could have easily rejected me as it is a personal decision and say that I was better off being in Australia (even though it would have cost me €1000 to apply for a visa for my partner there).

    2 years isn't possible here without means to support yourself that's why I had to leave. They gave me a stamp 3 for a year but I chose to leave and come back. Trying to get my head around the citizenship application rules as that is confusing as I want to say goodbye to the GNIB and I feel like being on a visa here (even though renewing it is basic but simpletons who masquerade as employers and recruiters don't understand that) is holding me back.


  • Registered Users Posts: 52 ✭✭perfectblue


    It seems the rules now explicitly state you have to have lived together for 2 years. I was with my partner for 3 years, he in Ireland and me in the US. There are no visas in the US that would have allowed him to move without our getting married, so here I am in Ireland. :)

    I have to renew in May - does anyone know if I have to go with my partner, or can I go on my own? We are actually planning on getting married later this year, but still have to renew my visa first.

    I had a relatively painless experience with my visa - it was approved in a month. It was long and very detailed, but I also think some aspects of our circumstances (age, employment status, etc) played a role in an easy approval. I have no advice for the living together* bit, but I would suggest that people make other parts of their application appealing - savings, future plans, etc.

    *except go live in a third country for a while?


  • Registered Users Posts: 163 ✭✭FalconXV


    There are a few steps to this as I am married now.
    - Defacto just yourself unless your local Gard requires the partner to attend.
    - Tell your Gard that you are getting married this year. He/she will explain to you that you will have to bring your marriage cert in and your husband/wife after you get married, you will get a stamp 4 for one year and a 1.1.1 the year after (which I think is 3 years which your gard will explain to you).
    - When you are married they waive the fee. So you won't have to fork out another €300.

    With marriage your priest if you are getting married in a church they will tell you
    - Register with the state 3 months before the wedding and it is another expensive fee.
    - Get up to baptismal cert for your local parish.
    - Either a sworn affidavit which you can get locally or a letter from each parish you have resided in since you were 18 to confirm that you aren't married.
    - Your birth cert will need an Apostille stamp from your authority at home.


  • Registered Users Posts: 52 ✭✭perfectblue


    FalconXV wrote: »
    There are a few steps to this as I am married now.
    - Defacto just yourself unless your local Gard requires the partner to attend.
    - Tell your Gard that you are getting married this year. He/she will explain to you that you will have to bring your marriage cert in and your husband/wife after you get married, you will get a stamp 4 for one year and a 1.1.1 the year after (which I think is 3 years which your gard will explain to you).
    - When you are married they waive the fee. So you won't have to fork out another €300.

    With marriage your priest if you are getting married in a church they will tell you
    - Register with the state 3 months before the wedding and it is another expensive fee.
    - Get up to baptismal cert for your local parish.
    - Either a sworn affidavit which you can get locally or a letter from each parish you have resided in since you were 18 to confirm that you aren't married.
    - Your birth cert will need an Apostille stamp from your authority at home.

    Ah, will they waive the fee this time because I will be getting married later? Or only after I am married, for subsequent years?


  • Registered Users Posts: 163 ✭✭FalconXV


    Ah, will they waive the fee this time because I will be getting married later? Or only after I am married, for subsequent years?

    After as you will be in straight after you get your cert (it's basically a change in status). It makes sense as weddings can get postponed, engagements broken off, etc.


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  • Registered Users Posts: 11 annabanana922


    Does anyone know When waiting for your application to be processed, are you allowed to leave the country? Or will you not be able to get back in to the country on return?

    Thanks :)


  • Registered Users Posts: 4 ash1234


    Hi every one,

    I need information that when the application goes to final stage to minister's decision, Then how long it take to process? and what is the outcome of the decision? Please let me know.


  • Registered Users Posts: 30 Funkyjaw


    Hey guys, im in the same boat as a lot of you on here,
    My girlfriend is from Brazil. Her student visa expires end of June.
    We have been together pretty much 2 1/2 years now.
    Submitted the application in December and received a 'in processing' letter.
    We were not living together until recently where she moved into my family home. We submitted these additional docs.
    If its refused we have limited options
    - get married
    - fork out 8000 a year for a degree she doesn't need.
    are there any other options?

    If your partner came over on a student visa they are entitled to get an extension of 3 months under the tourist visa if that card hasn't been played already.


  • Registered Users Posts: 1 Gem24


    Hello out there,

    If anyone can help me with my question it would be much appreciated!!

    So I have been living with my partner for the past 3 years in NZ, he is an Irish citizen and we are looking at moving back next year to Ireland.

    The research I have been doing in to getting a de facto visa seems to be very confusing :-S There seems to be two different ideas of what you should be sending in.

    1) seems to just be all you information and documents proving your relationship over the past few years (which seems to take 6 months to get)

    2) seems to be an online form you fill in, send away with your fee and all your relationship documents (which says it takes 12 weeks)

    So which should I be applying for??


  • Closed Accounts Posts: 138 ✭✭Dunphus


    Hey folks, I lurked this thread for info so it's only fair I share mine.

    My girlfriend (US citizen) applied for a de facto relationship stamp. We live together in the Netherlands and applied from there. The application was "not accepted" as my girlfriend was not living in Ireland at the time of application (we had a feeling that might happen).

    Our registered letter was delivered the 30th of July 2014 and we received feedback on 19th of August 2014.


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  • Registered Users Posts: 1 brut95


    Funkyjaw wrote: »
    Hey guys, im in the same boat as a lot of you on here,
    My girlfriend is from Brazil. Her student visa expires end of June.
    We have been together pretty much 2 1/2 years now.
    Submitted the application in December and received a 'in processing' letter.
    We were not living together until recently where she moved into my family home. We submitted these additional docs.
    If its refused we have limited options
    - get married
    - fork out 8000 a year for a degree she doesn't need.
    are there any other options?

    If your partner came over on a student visa they are entitled to get an extension of 3 months under the tourist visa if that card hasn't been played already.

    Hi Funkyjaw me and my girlfriend have virtually the same situation. She is from USA and has recently moved into my house. We are dating 3 years and have never 'officially' lived together before. Her application seems to be taking a long time.We are fearfull of a decline decision. I am just curious if your partners visa(STAMP 4) was approved or not?..... have you any advice for us?


  • Registered Users Posts: 163 ✭✭FalconXV


    brut95 wrote: »
    Hi Funkyjaw me and my girlfriend have virtually the same situation. She is from USA and has recently moved into my house. We are dating 3 years and have never 'officially' lived together before. Her application seems to be taking a long time.We are fearfull of a decline decision. I am just curious if your partners visa(STAMP 4) was approved or not?..... have you any advice for us?

    Not giving you false hope I can't see why they would decline you if you have good proof (such as testimonies, proof of funds, photos, invitations, etc) of your relationship.

    Been a while since I have visited the GNIB/INIS website it really is a dogs breakfast and your local immi gard might not be up to date with the latest laws.


  • Registered Users Posts: 30 Funkyjaw


    Her application seems to be taking a long time.We are fearfull of a decline decision. I am just curious if your partners visa(STAMP 4) was approved or not?..... have you any advice for us?

    Hey Brut, Unfortunately our application was rejected on the grounds that we were not living together two or more years, we also went though the appeals process and there was no joy there either. They are really tightening up around these visa's recently.
    No matter what you have in your application they will reject it if you haven't been living together.

    We have since got married and are very happy.

    If you are planning on going down this route make sure that you get married while she has legal status in the county otherwise you go onto another waiting list, spouse of Irish national. While on this list she will not be allowed to get the stamp 4 and cannot work.

    My wife's visa had expired however they gave her a stamp 3 until the date of our marriage so wee didnt need to go on the waiting list.

    I hope your application is accepted. Let me know


  • Registered Users Posts: 5 BRINDON


    Hi can anyone help me out... I have had the unfortunate news that my Defacto Application was refused after a few days of applying and that my partner of 6 years who is from the Philippines has been instructed to leave the country. As you can imagine we are devastated by this and will do anything to turn this around. Can anyone give me advice on what I can do to rectify this as I'm lost on what to do next after spending weeks putting together our application. I cant let her leave as this could be the end of our relationship and she leaves and we get married in the Philippines how long if possible will it take to get a visa for her to return? Or will they reject our application based on our earlier application since she was here illegal?


  • Registered Users, Registered Users 2 Posts: 1,861 ✭✭✭Cushie Butterfield


    BRINDON wrote: »
    Hi can anyone help me out... I have had the unfortunate news that my Defacto Application was refused after a few days of applying and that my partner of 6 years who is from the Philippines has been instructed to leave the country. As you can imagine we are devastated by this and will do anything to turn this around. Can anyone give me advice on what I can do to rectify this as I'm lost on what to do next after spending weeks putting together our application. I cant let her leave as this could be the end of our relationship and she leaves and we get married in the Philippines how long if possible will it take to get a visa for her to return? Or will they reject our application based on our earlier application since she was here illegal?
    Given the urgency of your present situation you really need to seek more solid advice than you'd get here on boards imo.

    You could start by contacting the Migrant Rights Centre: http://www.mrci.ie/contact-us/

    or Crosscare Migrant Project: http://www.migrantproject.ie/index.php/contacts-us

    or even Citizen's Information: http://www.citizensinformation.ie/en/contact_us.html

    The above would be able to advise you how best to proceed & of any free legal aid you might be able to avail of.

    Of course you could also seek the advice of a solicitor specialising in immigration law, but I'd advise contacting some of the above first. Just be sure that you start off any enquiry by making it clear that your partner has been officially instructed to leave the country, so as to highlight the urgeny of your enquiry.


  • Registered Users Posts: 4 Boston48


    Hello All,

    I am wondering about my eligibility for a de-facto visa. I am a US citizen currently in the US with my Irish boyfriend who is here on a work visa. He might have a professorship opportunity at a university back in Ireland and if he accepts, we would like for me to join him but want to avoid marriage (mainly due to US tax purposes).

    We have been dating for 2.5 years and have been living together in the US for 6 months.

    If we were to move to Ireland is there any chance for me receiving the de-facto visa despite not living together for the "required" 2 years? It seems like they have become progressively more strict with this type of visa. We will have evidence of his job at the university (and salary), shared lease in the US (and presumably Ireland when we move), shared utilities, pay-slips for both, pictures, messages, flights, reservations, etc. etc. He holds a PhD and me a master's degree if that matters at all.

    Any advice about current climate for De-Facto visa appreciated!


  • Registered Users, Registered Users 2 Posts: 172 ✭✭aidanathome


    Boston48 wrote: »
    Hello All,

    I am wondering about my eligibility for a de-facto visa. I am a US citizen currently in the US with my Irish boyfriend who is here on a work visa. He might have a professorship opportunity at a university back in Ireland and if he accepts, we would like for me to join him but want to avoid marriage (mainly due to US tax purposes).

    We have been dating for 2.5 years and have been living together in the US for 6 months.

    If we were to move to Ireland is there any chance for me receiving the de-facto visa despite not living together for the "required" 2 years? It seems like they have become progressively more strict with this type of visa. We will have evidence of his job at the university (and salary), shared lease in the US (and presumably Ireland when we move), shared utilities, pay-slips for both, pictures, messages, flights, reservations, etc. etc. He holds a PhD and me a master's degree if that matters at all.

    Any advice about current climate for De-Facto visa appreciated!

    We were in a similar situation to you with similar documentation and were rejected recently. I've sent you a PM with a few more details.


  • Registered Users Posts: 431 ✭✭David900


    Hi I was wondering if anyone could help me, not exactly a de-facto question but I could find anywhere that seemed more relevant.

    My girlfriend is on a English language study visa that has just expired. She would like to renew for a second year term but may face some issues.
    She was enrolled in one of the language schools that shut down near the end of her course, as it was near the end she didn't look to switch to a different school but decided she would look for a new place for the new term.

    Doing some research online, it seems she should have switched schools when hers closed and immigration info says her attendance record will be assessed when making a second year application - however she doesn't have access to this since the school has been liquidated.

    Given that the problem largely relates the closure of her school, are immigration being more lenient for these renewals?

    Any help would be appreciated, very little info is available online.


  • Registered Users Posts: 3 realityhurts22


    BRINDON wrote: »
    Hi can anyone help me out... I have had the unfortunate news that my Defacto Application was refused after a few days of applying and that my partner of 6 years who is from the Philippines has been instructed to leave the country. As you can imagine we are devastated by this and will do anything to turn this around. Can anyone give me advice on what I can do to rectify this as I'm lost on what to do next after spending weeks putting together our application. I cant let her leave as this could be the end of our relationship and she leaves and we get married in the Philippines how long if possible will it take to get a visa for her to return? Or will they reject our application based on our earlier application since she was here illegal?

    Hi probably when u applied the law had been changed ?. Did u get the confirmation letter that your application is on processing stage or the moment you are submitting evidences they rejected it straight away?


  • Registered Users Posts: 3 realityhurts22


    Boston48 wrote: »
    Hello All,

    I am wondering about my eligibility for a de-facto visa. I am a US citizen currently in the US with my Irish boyfriend who is here on a work visa. He might have a professorship opportunity at a university back in Ireland and if he accepts, we would like for me to join him but want to avoid marriage (mainly due to US tax purposes).

    We have been dating for 2.5 years and have been living together in the US for 6 months.

    If we were to move to Ireland is there any chance for me receiving the de-facto visa despite not living together for the "required" 2 years? It seems like they have become progressively more strict with this type of visa. We will have evidence of his job at the university (and salary), shared lease in the US (and presumably Ireland when we move), shared utilities, pay-slips for both, pictures, messages, flights, reservations, etc. etc. He holds a PhD and me a master's degree if that matters at all.

    Any advice about current climate for De-Facto visa appreciated!


    The requirement is living in together atleast 2 years and u need to provide evidences of genuine rel.They are strict about it.2 years living in like husband and wife


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