De Facto Partner Visa Ireland

If you are a citizen of Switzerland or a country within the EEA, you will not need to apply for a visa to join your de facto partner in Ireland. Also, there are a select group of other non-visa required countries such as Canada and the USA.

Those from countries outside of these areas will need to apply for the Long Stay ‘D’ Join Family Member Visa in order to join their partners in Ireland.

It is important to understand that as the de facto partner of an Irish citizen or Irish resident, you are not automatically entitled to enter and reside in Ireland, even if you are from a non-visa required country. Non-visa required nationals will apply for a preclearance letter of approval.

You will be classed as a de facto partner if your partner is an Irish citizen or has valid permission to reside in Ireland. Your partner could have permission to remain through being a citizen of a non-visa required country, or through having permission to reside in Ireland on stamp 1, 4 or 5.

The principal requirement to reside in Ireland as a de facto partner is the ability to demonstrate that you are in a genuine, committed relationship with your partner.

You must be able to prove to the Department of Justice & Equality that you have been living with your Irish de facto partner for at least two years in order to be eligible for preclearance and the de facto under join a family member visa.

The supporting documents for De Facto Partner visa which need to be provided along with the summary sheet are as follows:

• Your current passport
• Two colour passport-sized photographs with your signature and Visa Application Tracking Number on the back of each
• A signed letter of application which outlines your reasons for travelling to Ireland. You will also need to include full details of your de facto partner in your application
• Evidence which demonstrates the relationship between you and your partner. This might include a registration certificate of the partnership or evidence of common ownership of property
• A full account of your relationship history. This includes information of when and where you met as evidenced by, for example, correspondence by telephone or email, visas, entry/exit stamps on the passport of your partner, photographs
• Financial information

The specific required documentation will be somewhat dependant on your particular circumstances, and you may need to provide additional information.

For full guidance on the documents which you need to include in your join family member visa, please do not hesitate to contact us on (+353) 061 518 025.

Joint documents

You must also provide the following joint documents when applying:

• Evidence of cohabitation of 2 years or more, such as a tenancy agreement, mortgage or utility bills
• Detailed evidence of relationship history, such as letters, messages, emails or other documents
• Evidence of shared finances
• Evidence of sufficient accommodation in Ireland
• Details of any previous marriages and proof of breakdown of previous marriages, such as a divorce certificate, separation agreement or death certificate

Documents required from sponsor

You must also provide the following documents from your sponsor when applying:

• Full colour copies of current and previous passports
• Letter of sponsorship
• Up to 6 months of bank statements
• Proof that they meet the financial requirements

Documents required from dependent children

You must also provide the following documents from any dependent children included in the application when applying:

• Application summary form
• Two passport sized photographs and evidence of fee payment
• Current passports
• Proof of medical insurance
• Original birth or adoption certificate
• Evidence of child’s current address

The sponsor’s income alone will have to meet the applicable financial threshold. You cannot combine your savings or your de facto partner’s income with that of yours to meet the minimum requirement.

However, certain financial proofs must be submitted for both the sponsor and their de facto partner, such as:

• Detailed statements of their bank accounts covering a six-month period immediately prior to the application

Plus, you must submit the following documents if the sponsor is an employee and a resident in Ireland:

• Employment Detail Summary (EDS) from Revenue for the previous three years
• Three recent consecutive payslips

If the sponsor is self-employed and a resident in Ireland, you will have to provide:

• Notices of Assessment of income from self-employment for the previous three years
• Proof of earnings in the period since the most recent tax return was filed

Preclearance is the process you need to go through under certain visas and circumstances before travelling to Ireland.

Anyone who wishes to live in Ireland on the basis of being the de facto partner of an Irish citizen or resident must apply for preclearance before they travel to Ireland, regardless of their country of citizenship. The immigration preclearance application costs €60 for single entry and €100 for multi entry.

If you are from a country which doesn’t have a visa agreement with Ireland, you should apply for your visa after your immigration preclearance has been accepted.

If your application for immigration preclearance is approved, an immigration preclearance letter will be sent to you. It is vital to keep this document safe and to take it with you when you travel to Ireland in order to present to immigration officials.

It is important to note that this letter is only valid for 6 months. You will need to apply for immigration preclearance again if you do not enter Ireland within six months of the date on the preclearance letter.

If the preclearance application is rejected, you will receive a letter notifying you of the reasons for the refusal. It is possible to appeal the decision of the Department of Justice & Equality free of charge.

Before you travel to Ireland, you will need to complete the following steps for De Facto Partner visa application:

1. Apply for preclearance – this must be done online using the AVATS application portal, specifying the type of preclearance needed.
2. Complete an online application for the join family member visa after preclearance has been granted – once again, this must be done online through the official Irish government website using the appropriate application form.
3. Pay application fee – this will normally be paid online using a valid credit or debit card.
4. Gather all required documents to include with your visa application – you must ensure that documents conform to all necessary requirements, i.e. you must submit originals rather than copies where required and ensure you also provide official translations of documents not in English or Irish.
5. Send visa application.
6. Await your decision – if your application is approved, you will receive your visa in your passport and be able to travel to Ireland. If your application is refused, you will normally be sent a letter detailing the reasons why.

Once you have completed the online application, an application summary sheet will be displayed, which you will need to print out. This summary sheet will form part of your join family member visa application, along with your other supporting documents.

On your summary sheet, you will be notified of where to send your visa application to. Ordinarily, this will be your nearest Irish embassy or consulate. You need to send your full visa application within 30 days of completing the online application.

You will need to report to immigration officials when you land in Ireland, even if you have received preclearance and a visa. You will also need to apply for permission to remain in Ireland once you have entered the country.

You can also include unmarried children under the age of 18 in your application as dependents on an Irish de facto partner visa application.

Application for children must be completed after completing the application form of the principal applicant, making sure to take note of the application number.

For a child’s application, you must go to the official AVATS application portal. The steps to apply for a visa-required national are as follows:

• Select visa/preclearance type as ‘Long Stay (D)’
• Select Journey Type as ‘multiple’
• Select ‘Join Family (Irish Nat.)(Other)’ as their reason for travel
• In the text box ‘Purpose of Travel’ include the De Facto Partner’s application number

The steps to apply for a visa-exempt national are as follows:

• Select visa/preclearance type as ‘Long Stay (D)’
• Select Journey Type as ‘multiple’
• ‘Preclearance – Dependents’ as their reason for travel
• In the text box ‘Purpose of Travel’ include the De Facto Partner’s application number

Completing the form will generate an application summary form and declaration at the end, which must be printed, signed and dated.

The cost of applying as a De facto partner under join family member visa application for Ireland is:

• €60 for single-entry visa
• €100 for multi-entry visa

This fee cannot be refunded if your application is either withdrawn or rejected.

All visa applications are processed in date order, but there is no definitive timeframe for the turnaround of your visa application.

A join family member visa is generally expected to be processed within six months of it being received. You can find out the expected turnaround for the visa office which is handling your application by checking their website.

Do bear in mind that during busy times, such as holidays, visa application processing times will take longer.

In order to make the application process as smooth as possible, it is crucial to provide all relevant documents in their proper form, and to fill in all forms correctly.

Our expert immigration specialists at the Immigration Advice Service can help to ensure your documents are in accordance with the Department of Justice & Equality rules. Call us now on (+353) 061 518 025 for more information.

Even if you receive preclearance (and a visa, if applicable), you are not automatically permitted entry into Ireland.

When you land in Ireland you need to report to immigration officials, and they will decide whether or not to grant you with permission to enter into Ireland, based on the information you provide.

You will need to inform the immigration officer that you intend to apply for residency in Ireland based on the grounds of your relationship with your Irish resident partner.

The following documents will need to be provided to immigration officials:

• A valid passport
• Your immigration preclearance letter
• Your visa (if required)

If you needed to apply for a visa to travel to Ireland, you ought to bring photocopies of important documents which were included in your application such as evidence of your relationship and financial information.

You may apply for a de facto partner visa from within Ireland, provided you meet the eligibility criteria. You don’t have to apply for a pre-clearance or for a join family ‘D’ visa even if you are a visa-required national. You can apply for a de facto partner visa via the ISD online portal.

However, you cannot switch to this visa in Ireland if any of the following applies to you:

• You are in Ireland on a Short Stay ‘C’ Visa or Irish Short Stay Visa Waiver Programme
• You do not hold a valid immigration permission to stay in Ireland
• Your Irish immigration permission expired and you were refused further renewal
• You have been served with a Deportation Order or EU Removal Order
• You are an asylum seeker or have applied for international protection

The Irish Residence Permit is a card which you will receive if your application for residency permission is accepted.

After you have received the Irish Residence Permit, you must inform the authorities if there are any changes to your family circumstances, including if your de facto relationship breaks down.

As mentioned, it is your responsibility to renew the Irish Residence Permit before it expires.

The De Facto visa will typically grant you with Stamp 4 permission while in Ireland.

While on Stamp 4, you will be able to do the following:

• Take up employment without having to apply for an employment permit
• Establish and operate a business
• Access state funds
• Use any time spent in Ireland on this permission as reckonable residence when applying for citizenship

You will not, however, be able to do the following:

• Be able to stay in Ireland indefinitely without having to apply to renew your permission
• Vote in elections
• Apply for an Irish passport
• Have the right to freedom of movement with the UK or EU

A de facto partner visa in Ireland is subject to stringent checks to rule out immigration abuse. The onus of proving the genuineness of your relationship beyond any reasonable doubt is entirely upon you and your partner.

If ISD has even the slightest reason(s) to believe that your relationship is one of convenience, i.e., you are claiming to have a partnership for the predominant purpose of obtaining an immigration advantage, your application will be straightaway refused.

In each family reunification case, ISD thoroughly checks the immigration history of the applicant and also considers the general issues of social and economic policy. For de facto partnerships, you must be able to demonstrate that you have a durable relationship. Be prepared to share a detailed relationship history backed by strong and foolproof documentary evidence.

Our team of immigration advisers have the required expertise and empathy to understand your case and assist you, regardless of the complexity of your case. If you are seeking overall advice with your irish de facto partner visa application or you would like an immigration lawyer to oversee your application on your behalf, we are here for you.

We also offer document and application checking services if you just need a final check to confirm that your documents and application adhere to ISD regulations. To know more about the bespoke services we provide and how we can help you, call us on +353 (0)61 518 025 today to speak to our team of immigration experts.