- Irish immigration law does not give Irish citizens a right to live in Ireland with their non-European spouse or civil partner.
Irish citizens are often shocked to learn this. However, the Irish Naturalisation and Immigration Service (INIS) does frequently exercise its discretion and grant permission to reside to the non-European spouses and civil partners of Irish citizens. Same-sex (or indeed opposite-sex) civil partners are treated exactly the same as married couples.
If the non-European spouse or civil partner is already a legal resident, the situation is much simpler. If one of you is a European citizen from a country other than Ireland, you are lucky to have rights that Irish citizens don’t enjoy.
2. Being married is not essential.
If you are not married or in a civil partnership, but you are in a committed relationship with someone from outside of Europe, for example someone you met while living abroad, you may be in what the INIS calls a “de-facto relationship.” In my experience, the INIS treats same-sex and opposite-sex de-facto couples just the same, and they will consider applications from any couple who can show that they have been in a “durable attested relationship of at least 2 years duration.”
Unfortunately, the INIS offers little guidance on its website as to how such decisions are made, or what information or documents applicants are expected to provide. You would be amazed what they ask for, and what can constitute evidence of an “attested” relationship. If you are somewhere in the world reading this, and you’re in the process of falling for someone from outside of Europe who you think may like to come home with you, go get a shoe box right now, and become a collector of relationship souvenirs!
3. You will actually be asking for two things: permission to reside, and permission to work.
The successful spouses and partners of Irish citizens are granted either “Stamp 3” or “Stamp 4” type permissions to reside. Stamp 3 will allow the non-EU partner permission to reside, but not to work – the Irish citizen will have to support them. If your partner wants to work, you will need to be sure to request a Stamp 4-type permission to reside, and include as much information as you can to show that he or she is likely to be able to get a job. The INIS may be more likely to grant Stamp 4 to spouses/ civil partners. De-facto couples need to make sure to ask for Stamp 4 to be in with a chance of getting one, and to promise not to sign-on when you get here, to be in with a chance.
4. There is no appeals process.
Married couples are protected by the Irish constitution. However, there is no statutory legislation (what most of us know as “laws”) dealing with immigration permissions for the spouses and civil or de-facto partners of Irish citizens; instead, the Minister for Justice can exercise his discretion to grant or refuse these applications as he sees fit. Therefore, it is very difficult to appeal to the courts if a decision is made that you think is unfair. If your application is refused, you may have no option but to simply apply again. The turnaround time for applications is around 12 months.
5. There is no application form.
In practice, there is little difference between the two kinds of applications outlined above. In either case, you will need to write a very detailed letter, and to include an extensive and well-organised bundle of documents.
I have seen countless such applications come back with queries from the Department of Justice, or be refused only to be allowed when a second, better application was submitted later. It’s not rocket science, but it does help to make a good application, and to index it properly. If you would like to start your application with a helpful template letter, and to have it reviewed before you send it off, please contact me. I’ll provide you with a n outline application to get you started, and review it once you’re done, proving helpful pointers if necessary, for €200 plus VAT. For shorter queries, please feel free to Tweet, Facebook, or email me!
In the meantime, here is a list of useful links:
- INIS information for spouses & civil partners: http://www.inis.gov.ie/en/INIS/Pages/WP07000024
- INIS information for the family members of EU citizens who live in Ireland: http://www.inis.gov.ie/en/INIS/Pages/EU%20Treaty%20Rights
- INIS information for de-facto couples: http://www.inis.gov.ie/en/INIS/Pages/WP07000278
- The Immigrant Council of Ireland has an excellent and quite new information sheet for the family members of Irish citizens: http://www.immigrantcouncil.ie/images/stories/Factsheet_3_-Family_Unity_Irish_Nationals1.pdf
- Glen, the gay & lesbian equality network, have also produced an excellent information leaflet on this topic, “Same sex couples and immigration provisions in Ireland, which you’ll find here: http://glen2010.glen.ie/attachments/87739b4b-1958-4add-ae5a-413f214783da.PDF
- Nasc, the Irish Immigrant Support Centre, based in Cork (where I used to work), will provide much the same service that I am offering free of charge – the only difference being you will need to attend the office and wait in line, while I can deal with your query by appointment in or outside of office hours, or via phone and email, which may be handy if you’re busy working, or if you’re still abroad. You’ll find Nasc here: http://www.nascireland.org/
Principal, Claire McCarthy Solicitor
