What is an Irish De Facto Partner Visa?
A de facto partner visa is an Irish visa issued to anyone who is in a genuine long-term relationship, which is not a marriage or civil partnership with an Irish citizen.
If you are in a de facto relationship with an Irish citizen, you may need to apply for a de facto partner visa. A de facto immigration permission allows a person who is in a de facto relationship with an Irish citizen or citizen with a residence permit to travel and live with their partner in Ireland.
This visa is usually applied from outside Ireland. The Irish partner is known as the sponsor, which can be an Irish national, UK national, or a non-EEA national legally residing in Ireland
However, to qualify for a de facto partner visa, the relationship must meet the following criteria to be considered a de facto:
- 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.
Hence, 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, 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.
However, 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 (Garda National Immigration Bureau/Immigration Service Delivery Registration office as applicable) 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
- 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
If you are a Swizz national or a country within the EEA, you do not need to apply for a de facto partner visa in Ireland. However, some countries under the non-visa required categories like Canada and the USA do not need to apply for this visa. If you are from a visa-required country, you will need to apply for the Long Stay ‘D’ join Family Member Visa.
Irish Immigration Preclearance
Preclearance is the process 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 apply to appeal the decision of the Department of Justice & Equality, and this is free.
Required Documents for De Facto Partner/Join Family Member Visa
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.
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.
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.
Application Processing Time
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.
How can Total Law help?
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 +1 844 290 6312 or use the online contact form to get in touch.
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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