Are we eligible for defacto visa?

[zorbing32]

Hi there,

I have trawled the INIS website and google, and I can't find the answer to this question, so I'm hoping someone here may know what to do.

I am a non-EEA individual, here in Ireland on a student visa. I have been here for a number of years, and I am now living with and settled with an Irish citizen and have been for circa 2 1/2 years.

My spouse is separated and has been separated from his wife for the last 4 years, and they are intending to divorce - providing my spouses ex will sign the papers.

Due to the expiration of my visa, we're looking at applying for me to stay on a defacto visa. We can provide all proof of the duration of our relationship, and that we have a true and honest relationship, however would the fact my partner is not yet divorced impact the application?

[Granista]

Yes, it most likely would. De facto means a relationship akin to marriage, you are asking to be considered to be the spouse albeit not legally married. if your sponsor is still married, they have a spouse already, and you are not it.
Doesn't mean you can't get it, but you would need to show an awful lot of evidence that they are going to be divorced. And if you are applying because you've come to the end of long term student permission, that is going to look suspect anyway....