Spouse/Civil Partner Visas

Whilst each case will demand unique requirements depending on your personal circumstances, your partner’s circumstances and their own immigration permission, there are some primary requirements which apply to all non-EEA nationals hoping to join their spouse/civil partner in Ireland.

This includes:

• Both you and your spouse/civil partner must commit to living together permanently as husband and wife or civil partners as soon as circumstances permit
• Spouses must be a minimum of 18 years old
• All applicants and their spouse/civil partner, regardless of their nationality, must provide evidence of the claimed relationship to prove that the relationship is genuine
• The marriage certificate/civil partnership certificate must be capable of recognition under Irish law
• It is not sufficient for a relationship to have developed solely over the internet/via telephone etc., a relationship must include a number of face-to-face meetings

If you are from a non-EEA visa required country, it is essential that you apply for a long stay (join family) visa.

One of IAS’ dedicated, friendly and OISC-accredited immigration consultants in Ireland can provide high quality legal assistance with your spouse/civil partner visa application.

This application can be both lengthy and complex, with a significant amount of supporting documentation required.

Currently, there is no form of preclearance required for those non-EEA nationals who are from non-visa required countries.

At the moment, these individuals who wish to join their spouse/civil partner can travel to Ireland without having to apply for a visa to gain entry to the State.

However, non-EEA nationals from both visa required and non-visa required countries must provide sufficient supporting documentation upon arrival to Ireland.

This must be presented to an immigration officer at the border. Our team of experts can provide the same advice as an immigration lawyer.

Yes, an IAS immigration expert can assist individuals from non-EEA visa required countries who must apply for a long stay (join family) visa prior to travelling to Ireland.

We can provide expert practical assistance with all aspects of the visa application process. Some key documents which must be provided with your long stay (join family) visa application include:

• Completed and signed application summary form
• Two colour passport sized photographs no more than 6 months old
• Your current, valid passport and any previous passports
• A signed letter of application outlining your reason for coming to Ireland, details of your spouse/civil partner in Ireland who is sponsoring your application and details of any other family member residing in Ireland
• Details of your sponsor’s status in Ireland (i.e. whether they are an Irish citizen, EU or non-EEA national residing in Ireland) and their eligibility to sponsor (your sponsor will be your spouse/civil partner)
• Evidence of the claimed relationship between you and your spouse/civil partner
• Evidence of your finances and those of your sponsor (your spouse/civil partner)
• Evidence of your financial and social dependency on your spouse/civil partner (if applicable)
• Medical/travel insurance

For your spouse/civil partner to be eligible as your sponsor, they must fall under one of the following categories of individuals residing in Ireland:

• An Irish citizen residing or intending to reside in Ireland
• A lawfully resident foreign national who is an Employment Permit Holder in Ireland
• A lawfully resident foreign national with Stamp 4 immigration permission (including long term residents)
• A lawfully resident foreign national with an immigration Stamp 5 (indicating that their residence is without condition as to time)
• A Researcher under a Hosting Agreement (including those who hold a Critical Skills Employment Permit)
• A PhD student studying for a doctorate accredited in Ireland
• A Minister of Religion with Stamp 3 immigration permissions

Unfortunately, even if your spouse/civil partner is eligible to make an application as your sponsor, this does not indicate or assume a successful outcome of the application.

An IAS immigration law specialist can strengthen your chances of success by providing a detailed Letter of Representation alongside both your own application and the application of your sponsor. For professional legal assistance with your long stay (join family) visa application, contact IAS on  (+353) 061 518 025.

Marrying or entering a civil partnership with an Irish citizen does not grant you automatic residency rights in Ireland. If you are a non-EEA national, you are required to apply for permission to remain in the State.

As explained above, non-EEA nationals who are from visa required countries and are married/in a civil partnership with an Irish national must apply for a long stay (join family) visa prior to travelling to Ireland.

One key condition is that your sponsor (your Irish spouse/civil partner) must not have relied predominantly on benefits from the Irish State for a continuous period of 2 years immediately prior to the application.

Additionally, your Irish spouse/civil partner must have earned, over the three years prior to application, a cumulative gross income over and above any State benefits of no less than €40,000.

All non-EEA nationals – visa required or not – must register for permission to remain in Ireland for over 90 days (3 months).

You may be granted right to enter the State, however only once you have registered with immigration and have gained permission to remain are you entitled to reside in Ireland with your spouse/civil partner for longer than 3 months.

Once you have entered the State, both you and your Irish spouse/civil partner must visit your local Garda National Immigration Bureau Registration office with the following:

• Your original marriage/civil partnership certificate
• Your original passport
• Your Irish spouse’s/civil partner’s original passport
• Evidence of your joint address

If you are a non-EEA national and would like to join your spouse/civil partner who is also a non-EEA national currently residing in Ireland, your ability to do so depends largely on the immigration status of your partner.

In order for your spouse/civil partner to sponsor you and to be eligible for immediate family reunification, they must be residing in Ireland as one of the following:

• Critical Skills Employment Permit holders
• Investors/Entrepreneurs
• Business Permission holders
• Researchers
• INIS Approved Scholarship programme students
• Intra Corporate Transferees
• PhD Students (subject to conditions)
• Full time non-locum doctors

Or, to be eligible to sponsor your application for family reunification after 12 months, your partner may be:

• A non Critical Skills Employment Permit holder
• A Stamp 4 holder who is not covered by more favourable arrangements
• A Minister of Religion

Any other non-EEA national residing in Ireland will not be eligible to sponsor your application for family reunification.

The reason for this is, if your spouse/civil partner falls within one of the above categories, this infers a certain desired level of income earnings.

Therefore, their immigration status correlates with their ability to support you and your application to join them.

If you are a non-EEA national and wish to join your spouse/civil partner who is an EU/EEA/Swiss citizen residing in Ireland, you must apply for a ‘Residence Card of a Family Member of a Union Citizen’.

This is also known as an ‘EU Treaty Rights’ application since your spouse/civil partner must use their EU Treaty Rights to sponsor your application.

The application process involves the submitting of several forms complete with supporting documentation.

It can take up to 12 months to process.

There are two types of residence card which may be applied for, however those who are joining their spouse/civil partner must apply for the residence card ‘for a qualifying family member of a Union citizen’.

An IAS immigration consultant can provide you with practical assistance throughout this application process.

After submitting your application for this residence card, you will be sent a letter which may give you temporary permission to reside in Ireland until a decision on your application has been reached.

If you are granted permission, you must then register to extend your permission in order to stay over 90 days.

Family reunification in Ireland can be a difficult process to navigate, especially when considering the level of supporting documentation and forms of evidence required to prove the sincerity of your relationship. Your application to join your spouse/civil partner may be refused for a number of reasons.

Some key factors which may/will inhibit your chances of joining your spouse/civil partner in Ireland are:

• If either you or your partner is considered a threat to public security, public policy or public health
• If either has a criminal record/previous relevant immigration history – this does not lead to automatic exclusion but is extremely influential
• If inadequate or inconsistent information was provided/you have not sufficiently demonstrated the existence, durability and closeness of the relationship
• If the marriage/civil partnership is perceived by INIS to be for the sole purpose of residency in Ireland
• If your partner cannot provide financial support for you (if your partner is an Irish citizen, the economic assessment would be less onerous than for non-EEA sponsors)

One of our experienced immigration experts can help you in the event that your application to join your spouse/civil partner in Ireland is rejected. Contact us on (+353) 061 518 025 to find out more.