What is the De Facto Partnership Immigration Permission (DFPIP) Visa?
This is granted by the Department of Justice and Equality to non-EEA nationals who are in a loving and durable relationship – akin to marriage with an Irish national or non-EEA national who is legally resident in Ireland on a Stamp 1, 4 or 5.
The Department of Justice and Equality recently reviewed the terms of this permission and implemented some important changes from 7 April 2017.
Definition of Partnership
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.
New Application Form
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.
If you would like to discuss your options for this scheme contact the office today to arrange an appointment with one of our specialist immigration solicitors.
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