Jul 2011 - De-facto visa for Australian partner of Irish cit

[spraoi]

My Australian partner and I are planning to move to Ireland in July 2011. We have been in an enduring relationship since May 2009 and have lived together since late June / early July 2010. We have some questions which I have detailed below and we would sincerely appreciate if we could get some insight into the process. We can appreciate from our research and from reading the contributions here that the processes and institutions aren't so clear or forthcoming with information. Certainly it doesn't seem to be the breeze I had with Australian immigration.

1) What is the earliest time we can submit our application to INIS?
2) How long should we allow for our application to be assessed?
3) We have no employment lined up in Ireland but we have enough savings to support us for up to two years. My partner would also have no problem getting an undertaking from he current employer that she is welcome back if things don't work out. Will this be a problem?
4) What else do we have to prove? We have letters from peers & family attesting to our relationship, letters, emails, phone bills, lease, utilities, joint account (since August 2010), holiday itineraries (lots dating from May/June 09 to present) and car insurance with both names.
5) Will we get our orginal documents back and will certified copies suffice?
6) Contingency plans? WHV for partner, UK visa residing in Down / Armagh.

Sincere thanks to anyone who has read this far,

Regards,

Spraoi.

[zafarzafar80]

Hiya, plz click on the link below, from the deprt of justice website, it would explain few of ur questions. ask more question if u have in ur mind after reading it.

http://www.inis.gov.ie/en/INIS/Pages/WP07000278

Best of luck
Khan

[spraoi]

Thanks Khan.

1) Earliest we can apply I'm assuming is our two year anniversary. i.e. mid-May.
2) Applications can take up to 12 months, I've read that 5 to 8 weeks is about standard.
3) Regarding our finances, we will have bank statements and I will have savings to cover us for two years, my partner will have enough to cover a few months.

[zafarzafar80]

The good news is that one of my friend got his visa on the bases of defacto with in 2 months after he applied, it all depends on the Queue and on the nature of your case.
try to gather as much as possible paper work, like bills, holiday bookings(hotel receipts+flight details+ boarding passes) etc, to show the genuine nature of your application,
very importantly u should have utility bills to show u were living together, if possible joint bank statement + photographs.+ u both should have sufficient finances and the plus point would be if u both have comprehensive private medical insurance in ireland, also try to get some letters of reference from mutual friends that they know both of u well enough as a couple.
best of luck
Khan

[spraoi]

Many thanks again Khan. Do you know if she can enter on a holiday visa while awaiting a decision on the de-facto visa? We have a wedding to attend in Dublin on July 15th.

[zafarzafar80]

as a non visa required country for 90 days on holiday, she can enter to ireland for 90 days but no work, study or business allowed

[spraoi]

Thanks, I meant would it jeopardise her de-facto visa application. My dad asked a GNIB guy in Dublin Airport one day about her coming over on WHV and then applying for de-facto once that ran out, the guy said that he reckoned INIS would look unfavourably on that. I'm wondering if the same would apply to coming in on a holiday visa temporarily while the de-facto visa was in process.

[zafarzafar80]

I think, she should be ok by applying for defacto while staying in the state on holidays.

[spraoi]

Thanks Khan, aprreciate your help.

[OJlish]

There's no application form so your partner needs to write a cover letter which I found handy since you can explain everything they need to know

Along with:
• Copies of her current and previous passports since she arrived in Ireland
• A copy of her passport
• A copy of your passport
• A copy of her current GNIB card (if she has one)
• A copy of her bank statement
• A copy of your bank statement
• Details of your employment
• A copy of her private health insurance policy
• A copy of utility bills in both your names as proof of your address
• A letter from you about your relationship
• Letters from her friends and family regarding your relationship
• Photographs of you and your Irish partner with family and friends. The photos should be from the start of your relationship until the present day
• Any other documentation to prove you are living together and have been together as a couple for at least 2 years.

Just google Residency Information for Family Members and Partners of Irish Citizens. The first thing that pops up should be a pdf from migrantproject.ie. It should give you the above information including where and how to apply.

I found it very useful when I applied for my Stamp 4 via de facto in 2009. I can't remember exactly how long I had to wait but I think it was 3 months.

Best of luck

[spraoi]

Thanks OJ. I notice you mention her GNIB card if she has one. This seems to imply the possibility of an onshore application. What do you think of the implications of her taking a WHV or holiday visa while awaiting her de-facto application? I'm not looking for a legal opinion here, just a perception.

[OJlish]

I'm not sure exactly. All I know is she can't take up employment here in ROI while she waits for her application to be processed unless she already has a Stamp 1 (work permit) or Stamp 2 (student visa).

You should ring Crosscare (migrant project) about the WHV and implications, if any. Here's there opening times and contact details: http://www.migrantproject.ie/documents/ ... te2011.pdf

They are more helpful and informative than INIS and they're open Monday-Friday.

[spraoi]

Excellent. I've read the first bit of that doc and it seems to suggest that she arrive without a visa and apply onshore. I would be concerned that his might delay her ability to work though. We will call Crosscare and see if we can get some answers on this. Thanks again.

[spraoi]

Our application arrived in General Immigration on July 18th and now I guess we wait. It's a bit of a pain not being able to work and I think my girlfriend is going to get quite bored soon. Immigration has only given us a postal address to contact them on and no indication of the current queue times. Hopefully it will all be sorted soon though.

[ImmigrationLawyer]

You could try applying directly at GNIB and ask for a temporary stamp 4 while you are waiting for an answer. They may give a permission not allowing your partner to work, but at least it is something, might be worth a try.

[spraoi]

Thanks, but work rights is what she's after because she is a bit bored at home. We're going to try and give immigration a call tomorrow to see if we can get more info.

[ImmigrationLawyer]

Good luck getting information from the telephone "helpline". If you have lodged a very comprehensive application with lots of supporting documents then I would say the only thing to do is wait.

[robbie123]

Good luck getting information from the telephone "helpline". If you have lodged a very comprehensive application with lots of supporting documents then I would say the only thing to do is wait.

Just to let you know, myself and my partner submitted our app on June 18 and we're still waiting for an outcome. I'm hoping the 5-8 weeks stated in this thread is about right, as his visa is fast running out. Best of luck, and please let us know how you get on if you hear something.