Ireland De-Facto Visa

FalconXV · 25-02-2014 1:11pm

perfectblue wrote: »

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.

perfectblue · 25-02-2014 2:04pm

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?

FalconXV · 25-02-2014 2:50pm

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.

perfectblue · 25-02-2014 2:55pm

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?

FalconXV · 25-02-2014 3:05pm

perfectblue wrote: »

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.

annabanana922 · 12-03-2014 6:24pm

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

ash1234 · 17-04-2014 12:33pm

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.

Funkyjaw · 28-05-2014 2:15pm

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.

Gem24 · 13-08-2014 8:53am

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??

Dunphus · 20-08-2014 7:42pm

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.

brut95 · 16-09-2014 9:17pm

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?

FalconXV · 17-09-2014 10:39pm

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.

Funkyjaw · 22-02-2015 6:58pm

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

BRINDON · 25-03-2015 7:06pm

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?

Cushie Butterfield · 26-03-2015 8:32am

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.

Boston48 · 08-05-2015 2:29am

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!

aidanathome · 09-05-2015 1:57pm

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.

David900 · 11-08-2015 8:07pm

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.

realityhurts22 · 06-09-2015 5:19am

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?

realityhurts22 · 06-09-2015 5:25am

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

KevinGossRoss · 09-09-2015 11:05am

Myself and my girlfriend was granted a De Facto visa in 2013 after moving from South Africa. We've been living in Ireland for three years but she has decided that after 7 years of being together she wants out and it looks like it might be final. The INIS website states that I should contact them immediately once the relationship ends and that each case is assessed individually. I love this country, I love it's people. I can't leave now. I'm a photographer and partner in a small design firm. I've worked for three years to get where I am and things are just looking up for me professionally. Has anyone had any experience with this?

Desperate at this stage.

Irishgirl88 · 10-10-2015 4:46pm

aidanathome wrote: »

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.

I am an irish citizen going out with US citizen for three years. We lived together for two years in the US and now we want to move to ireland. I moved back few weeks ago because of a job offer and now he wants to join ASAP. We have proof of living together along with full folder of proof of relationship. Should we apple for a join spouse visa or defactp visa? And will companies be hesitant to hire him on the defacto visa status? If we break up ... He has to leave! Times/cost/chances info much appreciated!

aidanathome · 10-10-2015 7:23pm

Irishgirl88 wrote: »

I am an irish citizen going out with US citizen for three years. We lived together for two years in the US and now we want to move to ireland. I moved back few weeks ago because of a job offer and now he wants to join ASAP. We have proof of living together along with full folder of proof of relationship. Should we apple for a join spouse visa or defactp visa? And will companies be hesitant to hire him on the defacto visa status? If we break up ... He has to leave! Times/cost/chances info much appreciated!

Hi Irishgirl88, if you have full proof of living together (as a married couple) for a minimum of 2 years, I would hope that you would be ok to get a defacto visa.

For a join spouse visa, you will need proof of marriage. "Marriage certificate or civil partnership certificate – marriages/civil partnerships must be capable of recognition under Irish law for other purposes outside of the immigration system." from http://www.inis.gov.ie/en/inis/pages/join%20family

Pixie Nixie · 25-10-2015 1:51am

Hi all!

I hope you can help me out. My boyfriend is Irish and I applied to the defacto visa while in a visit visa in 2013 and it was denied so I had to come back to my home country but then I applied again this year while in a tourist visa and it was granted for only 6 months and with stamp 3.
The letter I received says I can renew it but it doesn't say what to do to renew it.

Should I apply all over again or just go to the immigration office and pay the 300euros? Do I have to go with my boyfriend? What papers do I have to show them (passports, what else?)

Is there any way I can change the stamp 3 into stamp 4???? It's driving me insane not being able to work!!

Please anyone who can give me some advise will be very much appreciated.

TIA

sarabethv · 27-10-2015 11:47am

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!

I know this was a couple months ago, but I can tell you about my experience. There's no getting around the 2 years, and worst of all it has to be consistent. My partner and I have been together long distance for 6 years, but lived together in the US for just over a year while he was on his J1 and 6 months later I moved to Ireland and we lived together for one more year. Our application was declined because of the 6 month break (due to visa restrictions, and despite multiple trips across the pond from each of us during this time).

What worked for us though, is if you finished your Master's within the past year and are under 30, you're eligible for a Working Holiday Visa in Ireland. It was pretty simple to apply for and it will have you here for at least a year so you'll be able to extend your time with him that way. Thats what we did at least.

If you have any questions about my experience, feel free to contact me.

BRINDON · 13-12-2015 9:15pm

Hi folks,

Just wanted to thank everyone for their help in guiding me to finally obtaining a stamp 4 for my partner who is now my spouse since I had no other option.
thanks again and hope you all find what you are looking for.

Bren.

aj1980 · 31-12-2015 12:22pm

Hi All,

I am Irish and my partner is Canadian, we have been together for over two years and living with each other since they came over on a working holiday Visa in June 2014.

Given the processing times for defacto relationships scheme we sent in the application along with all the supporting documentation only to be refused via letter on the 23rd of December citing that we hadn't been living together for 2 years.

The letter also said that the start date for the co-habitation was December 2014 despite that the fact that there was a lease for our apartment from the 1st of October and documentary proof of us being at the same address since June 2014 so clearly they hadn't looked too hard at the documentation.

I am not sure what my options are to be honest, I think I should flag the errors but I don't think it will make any difference to the final decision.

My partner has a job that he loves and is doing really well at it, being promoted 3 times in the past 2 years, its on the list of ineligible occupations for so come June I am worried that he will have to leave it as his working holiday visa expires.

I also worry that if I apply in June we are left in limbo waiting to see if we will be successful or not.

Any insights from people that have had the same experience would be very much appreciated.

Thanks

eoinola · 08-01-2016 1:14pm

Hi all

I have a query that some of you might be able to help with. My partner (Brazilian with Stamp 2 visa) and I are due to get married in the North in three weeks. On receipt of the marriage cert we intent to apply for her stamp 4 which will allow her to remain in ireland. She already is working under her student visa so can she work once we apply?

Thanks

realityhurts22 · 03-02-2016 8:51pm

aj1980 wrote: »

Hi All,

I am Irish and my partner is Canadian, we have been together for over two years and living with each other since they came over on a working holiday Visa in June 2014.

Given the processing times for defacto relationships scheme we sent in the application along with all the supporting documentation only to be refused via letter on the 23rd of December citing that we hadn't been living together for 2 years.

The letter also said that the start date for the co-habitation was December 2014 despite that the fact that there was a lease for our apartment from the 1st of October and documentary proof of us being at the same address since June 2014 so clearly they hadn't looked too hard at the documentation.

I am not sure what my options are to be honest, I think I should flag the errors but I don't think it will make any difference to the final decision.

My partner has a job that he loves and is doing really well at it, being promoted 3 times in the past 2 years, its on the list of ineligible occupations for so come June I am worried that he will have to leave it as his working holiday visa expires.

I also worry that if I apply in June we are left in limbo waiting to see if we will be successful or not.

Any insights from people that have had the same experience would be very much appreciated.

Not yet enough either june 2014 or December 2014.They required 2 years of cohabitation.

Karl88 · 25-02-2016 4:39am

Ok im not that good with this kind of thing and i'll probably miss a lot of details, i am an Irish citizen living with my girlfriend from Australia for 4 years, she recently forgot to renew her visa and was told she had to reapply or renew her visa back in her own country with no guarentee it wil be accepted, she is no no longer able to work and im afraid that she will not be allowed to return to work, any information or possible routes i could go down would be great, i dont want to lose my partner of 6 years..i am unemployed and she has been working ever since she has been here if that helps at all.

Ireland De-Facto Visa

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