Visa - non EU girlfriend (currently not residing in Ireland)

[jeupsy]

Hi all.

My girlfriend is Chinese and I am French. I have been living in Ireland for 6 of the past 7 years (1 year studying and 5 years working). She lived in Ireland for one year while doing her Masters degree (we were stupid and didn't realise how difficult it would be for her to come back, so she didn't apply the graduate visa scheme). She is pretty quilified but I don't think her fied of work can get her a visa without sponsorship from a company (she is a project manager in software translation and localisation).

We met while she was studying in Ireland back in 2009-2010. We have been dating since March 2010, and she moved back to China in August of the same year (we didn't live in the same appartement). I then spent 3 months for a long study holiday in Beijing from September 2010 to December 2010 (we had 2 appartements as her work place was pretty far from my university, but she effectively was spendign 3 or 4 days per week at my place and I think she could get a proof that we rented my appartment toghether as anyway I needed her help to arrange the lease and both our names were on the contract; which however is in Chinese). I was also in Beijing this summer to visit her and during the same trip we went on holiday toghether in Hong-Kong and Macau.
The proofs of lasting relashionship I can think of are that we are emailing each other at least once a day and usually write long emails and discuss personal topics which make it clear we are a couple (I think I could print one or 2 books with these if someone in the immigration office wants to read them ). I also have pictures of us toghether in Ireland and in China (not to many pictures with both of us on them, but at least one per period during which we were in the same place, and with sights on the pictures which clearly identify the location). We are talking on the phone every second day, but this is difficult to prove.

It is my understanding that even though we will have the 2 years soon we can not apply for a defacto relashionship visa as we haven't live toghter for 2 years, is that correct?

Altenatively is there any other way? We are not ready to get married but would go for civil partnership. We could probably arrange a French one (called "PACS"), but I guess an Irish one would be tricky as I am not Irish and she is not residing in Ireland? (also are the Irish ones for gay couples onle? I am not very clear about that). Would that help get her a visa for Ireland?

Thanks so much in advance for your replies.

[AYOUB]

Hi all.

My girlfriend is Chinese and I am French. I have been living in Ireland for 6 of the past 7 years (1 year studying and 5 years working). I have an Irish citizenship application pending (only submitted last month, so it will be a while before I get it if I indeed do). She lived in Ireland for one year while doing her Masters degree (we were stupid and didn't realise how difficult it would be for her to come back, so she didn't apply the graduate visa scheme). She is pretty quilified but I don't think her fied of work can get her a visa without sponsorship from a company (she is a project manager in software translation and localisation).

We met while she was studying in Ireland back in 2009-2010. We have been dating since March 2010, and she moved back to China in August of the same year (we didn't live in the same appartement). I then spent 3 months for a long study holiday in Beijing from September 2010 to December 2010 (we had 2 appartements as her work place was pretty far from my university, but she effectively was spendign 3 or 4 days per week at my place and I think she could get a proof that we rented my appartment toghether as anyway I needed her help to arrange the lease and both our names were on the contract; which however is in Chinese). I was also in Beijing this summer to visit her and during the same trip we went on holiday toghether in Hong-Kong and Macau.
The proofs of lasting relashionship I can think of are that we are emailing each other at least once a day and usually write long emails and discuss personal topics which make it clear we are a couple (I think I could print one or 2 books with these if someone in the immigration office wants to read them ). I also have pictures of us toghether in Ireland and in China (not to many pictures with both of us on them, but at least one per period during which we were in the same place, and with sights on the pictures which clearly identify the location). We are talking on the phone every second day, but this is difficult to prove.

It is my understanding that even though we will have the 2 years soon we can not apply for a defacto relashionship visa as we haven't live toghter for 2 years, is that correct?

Altenatively is there any other way? We are not ready to get married but would go for civil partnership. We could probably arrange a French one (called "PACS"), but I guess an Irish one would be tricky as I am not Irish and she is not residing in Ireland? (also are the Irish ones for gay couples onle? I am not very clear about that). Would that help get her a visa for Ireland?

Thanks so much in advance for your replies.

Fundamentally, all the co-leaseholding you've mentioned is irrelivant.
You're an E.U citizen with right to freedom of movement, and if you have a job here in Ireland to look after your girlfriend, goodluck to you she can not be refused a visa, and after that, you could apply for residency after civil partnership either in china or in ireland here, she will be looked after in terms of spouse of an E.U i presume. But to invite your girlfriend me think will not be hard even if you're just ordinary resident permit holder. That's just standard view.

[jeupsy]

Thanks for your reply.

So let me make sure I understand. You are saying that they can't refuse her a short stay visa to visit me as a relative. And that during her stay we can enter an Irish civil partnership and she can them immediatly apply for residency in Ireland based on this?

Cheers.

Fundamentally, all the co-leaseholding you've mentioned is irrelivant.
You're an E.U citizen with right to freedom of movement, and if you have a job here in Ireland to look after your girlfriend, goodluck to you she can not be refused a visa, and after that, you could apply for residency after civil partnership either in china or in ireland here, she will be looked after in terms of spouse of an E.U i presume. But to invite your girlfriend me think will not be hard even if you're just ordinary resident permit holder. That's just standard view.

[AYOUB]

Thanks for your reply.

So let me make sure I understand. You are saying that they can't refuse her a short stay visa to visit me as a relative. And that during her stay we can enter an Irish civil partnership and she can them immediatly apply for residency in Ireland based on this?

Cheers.

Fundamentally, all the co-leaseholding you've mentioned is irrelivant.
You're an E.U citizen with right to freedom of movement, and if you have a job here in Ireland to look after your girlfriend, goodluck to you she can not be refused a visa, and after that, you could apply for residency after civil partnership either in china or in ireland here, she will be looked after in terms of spouse of an E.U i presume. But to invite your girlfriend me think will not be hard even if you're just ordinary resident permit holder. That's just standard view.

She can not apply for leave to enter as a relative based on evidence rather than your spouse.

Indeed once she is granted their usual temporary leave to enter Ireland, one of my friend has 8 years temporary leave to remain in ireland, then i know irish residency are all temporary no indefinite leave to remain , then can put in for a civil partnership before the expiration of her entry visa, or inter-alia apply for extension of her stay based for marriage, however, if you do not have a job to feed her for such visit, you can still invite her provided she can feed herself during the period of her visit. it's a legitimate expectation and right. All the best.

[jeupsy]

Yes proving that I have sufficient resources to host someone and cover their expenses is no issue ; I have been in the same job for 5 years with a fairly decent salary. And she could actually also proof she could sustain herself here for some time.

Sorry to insist but there still something unclear actually.

I thought Irish civil partnerships were basically the same as a marriage but exclusivly for same sex couples (which is not our case - I am male ).
This is why I was mentioning the French one: it is much easier to do/undo than marriage, and it also works for opposite sex couples who are not ready yet for it (basically for all the administrative stuff and taxes you are treated the same as a married couple, but the money remains separate, and undoing it is "just" a matter of visiting your local courthouse and signing a form). In summary the idea is that it is for a couple to have a legal status without committing as much as with a marriage; exactly what I want as I don't feel ready to get married yet.

So based on that is the Irish one equivalent of the French one, or more what I was thinking and reserved for same sex couples?

And in the second case does it mean that my only option is to marry her?

Cheers.

She can not apply for leave to enter as a relative based on evidence rather than your spouse.

Indeed once she is granted their usual temporary leave to enter Ireland, one of my friend has 8 years temporary leave to remain in ireland, then i know irish residency are all temporary no indefinite leave to remain , then can put in for a civil partnership before the expiration of her entry visa, or inter-alia apply for extension of her stay based for marriage, however, if you do not have a job to feed her for such visit, you can still invite her provided she can feed herself during the period of her visit. it's a legitimate expectation and right. All the best.