de facto relationship

[russian]

hi! how are you?
i've overstayed my work visa for 8 years. have an irish boyfriend for the past 5 years, living together, got engaged last year. trying to get permition to remain in the state, got a solicitor, applyed last may. still waiting. what do you think our chances are? thanks

[Monifé]

I would say you have a better chance if you were married.

If you have looked at the de facto section on the irish immigration website, it says the application will be determined subject to the immigration history and status of the applicant.

Or if you both move up North for a while (6 months at least) and he gets a job up there (exercises treaty rights, keep all documents of residence and working) and then return to Ireland using the Singh principle and make an EU treaty rights application.

[walrusgumble]

despite the immigration offence, ie overstaying, monife is right. when was yor last work permit? please saw only recently. might be tricky if you say 8 years ago. minister might not be impressed. i assume you continued to work without one. at least it was a work permit, the minister might look differently to that as oppose to other classes of immigrants

anyway, you will need alot of documented proof of the relationship over the last 5 or so years. landlord letters, utility bills. you should have evidence that your irish partner can now financially support you ie he/she s working, health insurance etc. letters and photos from partners family and friends (with their contact details, they wont contact them, but at least you are laying it out) joint financial obligations eg joint bank accounts help to prove genuineness

Maybe proof, that if allowed to remain in ireland, you would have a job, no reference of actually now working should be on it. though its probably best to come clean, in case you ever have to bring this to court. talk to immigration solicitor. what have you to really loose? its evidence that you have not and would not be a burden to state. provided there is no evidence that you assued another name/passport.

can you prove the 5 year relationship with documents? if so, you have a fighting chance. you would not have much business making an application unless you have proofs of at least 3 years


main issue, i would not be in a hurry to get a decision, the longer the better, as the relationship becomes more established!!!!!! and gives time for production of further evidence. ideally, the next time a letter goes to the department, would be to give evidence of marriage and documents of the above, or a new application to married to irish national section. then you can get all lipy about being made wait a long time etc

under irish law, until co habitiabtion under legislation is offically recognised, marriage, if real and genuine, is possibly the best option.

[zafarzafar80]

I would say getting married would be a secure way to be safe

[russian]

thank you all very much, just after getting a stamp 3. very happy with that!

[Monifé]

When you are married you can go to your local Garda station and change that to a stamp 4 and you will then be allowed to work legally.