Ireland De Facto Partner Visa for US Citizens: Eligibility, Costs & How to Apply
If you wish to join your De Facto partner in Ireland, you will need to apply for a De facto partner visa.
For expert advice and support with your De facto partner visa application process, contact Total Law today at +1 844 312 4979 or use the online form to get in touch. Our experienced immigration lawyers will guide you through the entire process to ensure that it is seamless and successful.
Page Contents
- What is an Irish De Facto Partner Visa?
- American Citizens and the Ireland De Facto Partner Visa
- De Facto Partner Visa Vs Ireland Spouse Visa: Which Route Do You Need?
- Irish Immigration Preclearance
- Required Documents for De Facto Partner/Join Family Member Visa
- Application Process
- Application Fee
- How to Prove a Genuine De Facto Relationship
- From De Facto Visa to Irish Citizenship: The Pathway for Americans
- Application Processing Time
- Criminal Records and the Ireland De Facto Partner Visa
- How can Total Law help?
- Frequently Asked Questions
What Is the Ireland De Facto Partner Visa and Who Qualifies as a US Citizen?
In Irish immigration, ‘de facto’ refers to a genuine, long-term committed relationship that functions like a marriage or civil partnership in practice but has not been formalised legally.
The Ireland de facto visa — formally the Long Stay ‘D’ Join Family Member Visa — allows non-EEA nationals in a committed, long-term unmarried relationship with an Irish citizen or resident to live and work in Ireland. According to Immigration Service Delivery (ISD), applicants must demonstrate at least two years of cohabitation with their Irish partner.
US citizens are in Ireland’s visa-exempt category, meaning Americans do not need to apply for the Long Stay ‘D’ visa itself, but must still apply for immigration preclearance before travelling, and must register with ISD on arrival.
According to Immigration Service Delivery (ISD), to qualify for the Ireland de facto partner visa, the relationship must satisfy all of the following conditions:
- You both must have a mutual commitment to a shared life, similar to a marriage or civil partnership in practice though not in law
- Your relationship is genuine and continuing
- You must have lived together for at least two years or do not live separately on a permanent basis
- You must not be related by blood.
If your relationship does not meet these conditions, you may not qualify for the de facto partner visa.
When you are granted a de facto partner visa as a US citizen, you are allowed to remain in Ireland as the de facto partner of an Irish national. With this visa, you are permitted to seek employment in the State without applying for a work permit, while also meeting all other immigration requirements that apply to your case.
The duration of the permission granted to you will be for 1 year, but the permission is subject to some conditions. Before the permission duration expires, you will need to apply to the registration authorities (Immigration Service Delivery Registration) for renewal. The renewal is also subject to the individual meeting all the criteria under this procedure.
With a de facto partner visa, you are allowed to engage in some civil activities like:
- Working without an employment permit
- Doing voluntary work
- Studying
- Traveling abroad for short periods like holidays and attending conferences, then return to Ireland
- Bringing immediate family members (dependent) with you, in this case, minor children under 18 years of age and maximum age of 23 years where the child is in full-time education
This visa does not permit you to do the following:
- Bring other family members, apart from those referred above
- Remain in Ireland if your Irish partner leaves Ireland
- Remain in Ireland if your relationship ends
- Rely on public/Irish government funds or resources
The Irish partner is known as the sponsor. A sponsor must be either an Irish national, or a non-EEA national holding valid permission to reside in Ireland, such as a Stamp 4 holder. UK nationals residing in Ireland under Common Travel Area rights may also qualify as sponsors in certain circumstances.
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American Citizens and the Ireland De Facto Partner Visa: What’s Different
US citizens are visa-exempt nationals for Ireland. Usually, they can travel to Ireland without a visa or a preclearance. However, if they are coming to Ireland via the de facto partner route, they must apply for a preclearance before travelling.
If you are a US resident but a visa-required country national for Ireland, you must apply for a Long Stay ‘D’ join family visa instead. Note that a valid Schengen visa will not allow you to enter Ireland, as the country is not in the Schengen area (although it is a part of the EU).
What Is Irish Immigration Preclearance and Do American Citizens Need It?
Preclearance is the process US visa applicants undergo before traveling to Ireland. If you wish to travel to Ireland as a de facto partner, you must apply for preclearance before traveling to Ireland, irrespective of your country of citizenship.
When applying for preclearance, you will pay the immigration preclearance application fee which is €100.
However, if you are from a country with no visa agreement with Ireland, you will need to apply for your visa after your immigration preclearance has been approved.
Once it has been approved, an immigration preclearance letter will be sent to you, which you will take with you when traveling to Ireland to present to the immigration officials.
The preclearance is only valid for 6 months. If you will be entering Ireland after your preclearance expires, you will need to apply for immigration preclearance again. However, if your preclearance application is rejected, you will receive a letter stating the reasons for refusal.
You can appeal the decision of Immigration Service Delivery (ISD) free of charge by submitting a written appeal to the Visa Appeals Officer.
De Facto Partner Visa Documents Checklist for US Applicants
The required documents needed to submit for the De Facto partner visa alongside the summary sheet are as follows:
- Your valid passport
- Medical/travel insurance
- Police clearance
- Two-color passport-sized photographs with your signature and Visa Application Tracking Number written at the back of each
- A signed letter of application stating reasons for traveling to Ireland with full details of your de facto partner.
- Evidence that demonstrates the relationship between you and your de facto partner like a registration certificate of the partnership or evidence of common ownership of property
- A full account of your relationship history, like evidence of when and where you met, history of correspondence by telephone or email, visas, entry/exit stamps on the passport of your partner, photographs, etc.
- Financial documents
- Criminal charges documents, if any.
- Previous visa refusals
- Evidence of visa payment fee
Financial Information Needed for a De Facto Partner Visa
You will need to provide evidence of yourself and your de facto partner’s finances.
The financial information which you will need to include in your application includes:
- Statements of your bank accounts which covers the 6-months period immediately before your application
- Statements of your de facto partner’s bank accounts which covers the six-month period prior to your application
- If your partner is an Ireland citizen by residency permits, you will need to provide their P60s for the 3 years immediately prior to the date of your application and their 3 most recent consecutive payslips.
De Facto Partner Visa Vs Ireland Spouse Visa: Which Route Do You Need?
A de facto partner visa applies to applicants who are in a genuine, continuing and mutually committed relationship, which is similar to a marriage or civil partnership in practice (but they are not legally married or have formed a civil partnership).
The partners must be living together (unless there are compelling reasons for not doing so) and intend to continue living together in Ireland if they are granted a visa. They must not otherwise be related by family.
You do not require a marriage or civil partnership certificate to apply for a de facto partner visa. However, you must show documentary evidence of cohabitation for at least two years prior to the date of your visa application.
Visiting each other from time to time isn’t sufficient to prove that you have a genuine de facto partnership.
If you weren’t, you must be able to prove that there were compelling reason(s) for this. ISD considers each application on its individual merits, paying due attention to humanitarian reasons.
On the other hand, a spouse visa is applicable for those who are legally married to their partners living in Ireland. Your marriage must be recognised under Irish law, and you will have to submit a marriage certificate (including a certified translated version if the original is not in English). Both the de facto partner visa and the spouse visa routes lead to Stamp 4 permission in Ireland on arrival.
For certain couples, getting married before applying for a join family visa may simplify the application process and required documentation. However, it removes the flexibility of the de facto partnerships. You must thoroughly consider what works best in your circumstances. Call us at +1 844 312 4979 or contact us online to discuss your options with a qualified immigration lawyer.
How to Apply for the Ireland De Facto Partner Visa from the US: Step-by-Step
Visa-required nationals will need to apply for a long stay ‘D’ visa with the Immigration Services Division, Ireland.
Step 1: Fill out the online application form here.
For Visa required nationals
- You will need to select visa/preclearance type as ‘Long Stay (D)’
- Journey Type as ‘single entry’ or ‘multiple entries’
- And ‘Visa – Join Family (De Facto Irish)’ as your reason for travel.
For non-visa required nationals
- You will need to select visa/preclearance type as ‘Long Stay (D)’
- Journey Type as ‘single entry’
- And ‘Preclearance – Join Family (De Facto Irish)’ as your reason for travel.
Step 2: Organize your documents and pay the visa application fee
Organize your supporting documents and pay the visa application fee.
The summary application form must be signed, dated, and printed.
It is very important that you submit your documents within 30 days of completing the online application form.
Step 3: Submit your application
Submit all your supporting documents for processing.
The application summary form contains information about the visa office to which your documents will be submitted.
How Much Does the Ireland De Facto Partner Visa Cost? Full Fee Breakdown for US Applicants
The cost of a join family member visa application is:
- €60 for a single-entry visa
- €100 for a multiple entry visa
This visa fee is non-refundable, regardless of your reason, whether it was either withdrawn or rejected.
How to Prove a Genuine De Facto Relationship: What ISD Expects from US Applicants
To apply for a de facto partner visa from the US, you must be able to prove that you are in a genuine relationship with your partner living in Ireland and you both are committed to this partnership. Proof of cohabitation as well as a detailed relationship history supported by documentary evidence are a must.
You can submit property mortgage/lease documents in both your names, joint tenancy agreements, utility bills, dated evidence of financial interdependence (e.g., transfer receipts, joint bank statements, joint purchases, joint assets or loans), etc. as evidence of cohabitation.
State domestic partnership registrations where available, joint USPS address records, notarized affidavit of domestic partnership, etc. can also be submitted. You must provide documentary evidence for the required two-year period.
Your detailed relationship history must include information like when you met, when you began the relationship, how your relationship developed, and when you moved in together. Dated documentary evidence (such as photos, flight records, correspondence, social media posts, etc.) must be provided. The letter of application should be detailed and personal, with all information recorded in a chronological order.
From De Facto Visa to Irish Citizenship: The Pathway for Americans
You can apply for citizenship by naturalisation after lawfully living in Ireland on Stamp 4 permission for at least five years out of nine years prior to your application. This must include at least one year of continuous residence immediately before your application date.
You will also have to meet all other requirements as specified by ISD, such as:
- Be 18 or more
- Meet the reckonable residence requirement
- Be able to submit proof of residency in Ireland for every year of residency claimed
- Be of ‘good character’
- Intend in good faith to continue residing in Ireland after naturalisation
- Be willing to attend a citizenship ceremony, if your citizenship application is approved, and make the declaration of fidelity and loyalty to Ireland
Many Americans with Irish ancestry may also be able to claim Irish citizenship by descent. If you have an Irish-born grandparent or parent, you may apply for Irish citizenship by descent independent of the de facto partner route.
After becoming an Irish citizen through descent or by naturalisation, you may hold both your American and Irish passports as both the US and Ireland permit dual nationality. You will not have to renounce your US citizenship to become an Irish national.
How Long Does the De Facto Partner Visa Take? Processing Times Explained
All visa applications are processed in sequential order. However, a joint family member visa is expected to be processed within six months after being received.
There are cases when the application takes longer processing time such as holiday periods, busy times, etc.
Therefore, it is important that you provide all the necessary documents and also fill in all forms correctly.
If your application is refused, you can appeal within 8 weeks of the date of refusal letter, while also providing extra supporting documents for consideration, if possible.
The appeal process is without a charge.
Criminal Records and the Ireland De Facto Partner Visa: What US Applicants Need to Know
You must submit a police clearance certificate from your country of current residence and from any other countries you resided in the past five years. The certificate must not be more than six months old. This is a mandatory document for your de facto partner visa application.
The certificate must be issued by the police force of the country(ies) concerned. It must include a criminal records check (i.e., a full check of the national and local records). Criminal record checks conducted by private companies are not accepted.
US citizens and residents must obtain their police clearance certificate from the FBI and/or state-level law enforcement. You can apply to the FBI either online or by mail for an Identity History Summary Check through fingerprints submission.
For state and/or local level police clearance certificates, you must follow the respective process(es) applicable to your state and city.
For example, the Minneapolis police department usually issues a clearance certificate in the form of a formal notarized document, printed on department letterhead, stating that an individual (i.e., the applicant) doesn’t have an arrest record with that department.
Note that a criminal record does not necessarily mean a visa refusal. ISD assesses all applications on a case-by-case basis, and will thoroughly consider the nature of your offences (if any), recency, and whether you pose a risk to public order or national security in Ireland. Violent or drug-related offences (or such other serious criminal convictions) are more likely to result in refusal.
However, any failure to disclose criminal records will straightaway lead to a visa refusal, as your overall honesty and integrity will be questioned by ISD in such a scenario.
We strongly recommend consulting a reputed immigration lawyer before you apply for an Irish de facto partner visa if you have any criminal record to understand your options.
How can Immigration Solicitors Help with De factor Partner Visas?
At total law, we have excellent immigration lawyers who have worked for years with Irish immigration and are vastly experienced in the intricacies of Irish visa applications. Our immigration lawyers provide all necessary support and assistance to make your application process seamless.
Our immigration lawyers will help you determine if you meet the de factor partner visa eligibility. We will help you through the process of obtaining all supporting documents to ensure that there are no delays with your applications and ensure that your visa is quickly approved.
Contact us today at +1 844 312 4979 or use the online contact form to get in touch.
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Frequently Asked Questions
When your visa is approved, you are permitted to travel but not enter Ireland. At the border control, you have to report to the immigration officer who will decide your entry into Ireland, based on the information provided.
Residency permission is a status given to those who are legally permitted to live and work in Ireland for more than 90 days. To apply, you must plan to live with your partner for life in Ireland and must be able to prove financial independence. You will also need to prove that you are of good character. However, you will need to provide the following information to apply for permanent residency at the immigration service registration office:
- Your passport
- Your partner’s passport
- Your preclearance certificate
- Evidence of your joint address (Irish) with your de facto partner
- Evidence of registration fee payment of €300
As a US citizen, you are in Ireland’s visa-exempt category, which means you do not need to apply for the Long Stay ‘D’ visa that visa-required nationals must obtain. However, you are still required to apply for immigration preclearance through Immigration Service Delivery (ISD) before travelling to Ireland for the de facto partner route.
Yes. Time spent in Ireland as a de facto partner under Stamp 4 permission counts as reckonable residence towards Irish naturalization. To be eligible to apply, you must have been lawfully resident in Ireland for 365 consecutive days immediately prior to your application and for at least four out of the eight years before that — a total of five years of qualifying residence.
Yes, in limited circumstances. According to ISD guidance, de facto partner visa holders may bring dependent minor children under the age of 18. Children aged 18 to 23 who are in full-time education may also qualify as dependants in some circumstances. Each dependent child must submit their own visa or permission application; they are not automatically covered by your de facto partner permission.
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