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Defacto Visa for Ireland

Forum to discuss all things Blarney | Ireland immigration

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IrishDude
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Defacto Visa for Ireland

Post by IrishDude » Tue Jan 08, 2013 9:37 pm

Hi

Im an Irish Citizen and have been living in America on a scholarship for last 4 years. I am returning in April to Ireland and hope to be able to get my AMerican girlfriend of 3 and a half years a defacto visa for Ireland.

We have photos and tenancy agreements etc confirming we have been together and i understand i have to send the following documents to General Immigration, INIS, 13-14 Burgh Quay, Dublin 2
- Copies of current passports of both parties.
- Evidence of finances of both parties
- Evidence of relationship of at least 2 years duration (i.e. tenancy agreement, utility bills, bank statements, etc)

Im just looking for advice i guess on how long this process takes and should i apply now or when i return in April. Very grateful for any advice

Thanks

ImmigrationLawyer
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Post by ImmigrationLawyer » Tue Jan 15, 2013 5:37 am

Citizens of the US are non visa required as far as i know, so you cannot apply for a visa or "pre entry" visa. When she comes to Ireland she will be stamped by immigration officers at the airport for a temporary period for a holiday. You can then apply for the Permission to Remain, in writing to the De Facto Applications Section of INIS. You should put in as much supporting documentation as possible - I mean everything you have in writing proving the period you were living together, photographs etc, and proof of address for both of you in Ireland. You should state your future intentions - eg marriage, children |(!)sounds invasive but this is one of the things they look for (statement of future intentions as a couple).

Marbles
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Post by Marbles » Tue Jan 15, 2013 5:50 pm

What might be of help as well is a EU1 Treaty Rights form for residence card. When my partner (non EU national) applied for De facto based on our 2,5yr relationship, they came back to her with all the information we submitted and told her that she needs to apply for an EU1 residence card instead of De Facto. We submitted everything again from photographs, letters to each other, cards, wedding invitations with both our names on them, statements from friends and family, household bills in both our names and bank statements, flight tickets of trips we took together etc. I know it all sounds invasive (as ImmigrantLawyer as already mentioned above) but they need to see everything for them to believe your relationship is genuine and your intentions of staying here as a couple. If you don't like someone snooping through your private information then tough, because this is what they have to do.

Best of luck!!

ImmigrationLawyer
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Post by ImmigrationLawyer » Wed Jan 16, 2013 7:13 am

Marbles, was it the Irish visa office/ Dept Justice that asked for the EU1 form? Because in my experience they will not treat the case as one covered by EU treaty rights if the spouse is Irish (not rom another EU Country).

ImmigrationLawyer
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Post by ImmigrationLawyer » Wed Jan 16, 2013 7:13 am

Marbles, was it the Irish visa office/ Dept Justice that asked for the EU1 form? Because in my experience they will not treat the case as one covered by EU treaty rights if the spouse is Irish (not rom another EU Country).

Marbles
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Post by Marbles » Wed Jan 16, 2013 9:55 am

Well see, I am a Dutch national with Dutch passport but I am also an Irish citizen through my mother as she is Irish. My partner is non EU, she is Fijian. We had sent in an application for De Facto visa for my partner. They came back looking for proof of my Irish citizenship so I sent in copy of my mom's birth certificate and my own. However, they then came back with the EU1 form and asked us to complete that and send everything into the EU Treaty Rights people. Perhaps it is to do with me having a Dutch passport and so it will be dealt with by the EU Treaty Rights guys as oppose to the Irish DoJ?

ImmigrationLawyer
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Post by ImmigrationLawyer » Wed Jan 16, 2013 10:02 am

Oh ok, yes that's right. That's great, actually, as you have stronger rights as an EU citizen than an Irish citizen. Just make sure you provide all the documents, including evidence of your finances and work.

Marbles
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Post by Marbles » Wed Jan 16, 2013 10:08 am

Thats good to know, thanks for your advice. Yeah we have sent off everything including letter from my employer and bank statements, payslips, tax credit forms, you name it....we have sent it all so hopefully we'll receive good news on or before 22nd of Feb.

Marbles
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Post by Marbles » Wed Jan 16, 2013 10:10 am

Mind you, we are not married or in a civil partnership yet, but our intentions are there for next year so currently she is not yet my spouse but we will be together 3 years in May so I am hoping that will still make it a strong case.

kkrisz
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Re: Defacto Visa for Ireland

Post by kkrisz » Tue Apr 22, 2014 6:04 pm

hello,

i have a big question and i hope i can get some answers here. Currently i live in belgium with my girlfriend. She is mexican and we hold a cohabitation visa which is similar to the irish de facto visa. We had to prove that we are together for 2 years....anyone knows if we can transfer this permit or change it for an irish de facto visa? we would like to move there because of the language and more opportunities at my field of work.

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