The Department of Justice and Equality recently reviewed the terms of this permission and implemented some important changes from 7 April 2017.
In order to qualify for this permission to remain in the state, the Applicant must be able to prove that they are in a loving and committed relationship with an Irish national or non-EEA national who is legally resident in Ireland on a Stamp 1, 4 or 5 and must be able to prove that they have been cohabiting for a minimum period of one year prior to the application.
Previously an Applicant had to prove that they had been cohabiting with their partner for a minimum of two years. Sinnott Solicitors greatly welcomes this reduction in the cohabitation requirement from two years to one year.
We have met many clients over the years who are in a wholly genuine and loving relationship with their Irish citizen/legally resident partner, but however have been excluded from the De Facto Permission To Remain scheme in circumstances where they have been living together for less than two years.
Applications will only be accepted from Applicants who are lawfully present in the state on Visit Conditions for non-visa required nationals, or Applicants who are resident in the state on another type of permission to remain i.e. Stamp 1, 2 or 3.
Individuals who are resident in the state without lawful permission and/or who are going through the International Protection Process and/or who are the subject of Deportation Orders/Notifications of Intention to Deport under s3(11) of the Immigration Act 1999 will be refused.
Visa required nationals who wish to apply for Defacto Permission To Remain will have to submit for a Join Partner Long Stay D Visa from outside of the State.
Applications may be considered from Applicants who do not satisfy the one year cohabitation requirement, however this is only in extremely limited and exceptional cases.
A new form (below or download here) was also introduced by the Department of Justice and must now be submitted with all applications. The Applicant and their partner must swear a statutory declaration before a practising solicitor/peace commissioner/notary public/commissioner for oaths.
A supporting witness who can attest to the relationship and information submitted must also swear a statutory declaration.
At Sinnott Solicitors, we work diligently to get results for our clients.
That’s why most of our immigration law business comes from referrals from clients who have been successful in their applications for residency in Ireland from temporary family visas right through to citizenship.
“I would like to thank Sinnott solicitors namely Ms Úna O’Brien for her help & hard work to help us to be one family again. My father , mother & my sister have immigrated to Ireland, words are not enough to express how grateful we are all to Sinnott Solicitors.
Thanks a million.”Dr. Sura Aldeen - Family Immigration Applicant