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De Facto Relationships with an Irish National or Irish Resident

Guidelines for applicants

  1. A non EEA national (the Applicant) who wishes to remain in the State and is in a De Facto relationship with an Irish National or an Irish Resident (the Sponsor) must be in a position to provide evidence of a durable relationship with evidence of cohabitation of at least two years on the date of application. In order to assess whether the couple is in a genuine long-term relationship it will be necessary for the couple to provide dated documentary evidence of cohabitation for at least two years. i.e. the couple must be able to show that they have been living together for at least two years immediately prior to the date of application
  2. Partners who are not living together at the time of the Application will be required to give compelling reasons for this. It may be the case that there are compelling humanitarian reasons for this for example if the Applicant is, for a short time, caring for a sick relative in another country and the Sponsor is not in a position to travel due to work commitments these facts may be taken into consideration. Please note it will still be necessary to show cohabitation for a full two year period but humanitarian situations will be considered.
  3. If a couple claim they have maintained their relationship during the two year period by merely visiting each other as often as they can, this will not be sufficient to demonstrate a committed De Facto relationship.
  4. The Applicant and the Sponsor must currently live in Ireland. Applications can only be accepted from inside the State.
  5. The Applicant and the Sponsor must be able to support themselves and any dependants without any help from public funds.
  6. The Applicant and the Sponsor must intend to live together permanently.
  7. The Sponsor must be resident in Ireland and if the Sponsor is a non EEA national that person must have a valid permission to reside (hold a legal residency) in Ireland on stamp 1, 4 or 5.
  8. Non EEA nationals on Stamp 2 or 3 or do not qualify as Sponsors.
  9. The reckonable time of the relationship will only commence from the time both parties reach the age of 18 regardless of what age they were at the beginning of the relationship.
  10. The Sponsor must be resident or intend to be resident in the State and be self sufficient i.e. not on social welfare benefits and must, if necessary, be able to support the Applicant and any dependants financially without recourse to public funds.
  11. INIS will process applications for this type of permission from Applicants who have a genuine relationship with an Irish national or an Irish Resident (the Sponsor) if the Applicant has current permission to be in the State on some other basis e.g. if the applicant is currently on a stamp 1,2 or 3 or if the Applicant is in the State on visitor’s conditions (not visa required nationals). If the Applicant is unlawfully present in the State at the time of making the De Facto application, INIS will refuse the application.
  12. De facto Residency Permission applications will not be accepted from Applicants who are subject of a notification of intention to deport (15 day letter under Section 3 of the 1999 Immigration Act) or a Deportation Order
  13. The Sponsor may only sponsor one Applicant in any seven (7) year period.
  14. The Applicant will only be considered for De Facto Permission with one Sponsor in any seven (7) year period.
  15. In some cases it may be necessary to interview both the Applicant and the Sponsor.
  16. Applicants must be of good character and be in compliance with Irish Law.

The evidence considered in assessing applications for De Facto Residency Permission can be found here.

There are no rights of retention of permission in the event of separation.

Successful Applicants do not have an automatic right to family reunification

If the applicant is a visa required national who is outside the State they must apply for a join partner D reside Visa.