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De facto partner of an Irish or non-EEA national

  1. Home
  2. My situation has changed since I arrived in Ireland
  3. De facto partner of an Irish or non-EEA national
Currently Domestic Residence and Permissions Division is experiencing very high volumes of applications for De Facto partner permission. As a consequence there is currently a delay in processing post/applications. When applications are received and uploaded on our systems applicants will receive an acknowledgement. We are doing all we can to acknowledge applications as soon as possible.

In This Section

Who is a de facto residence permission for?
Am I eligible?
How do I apply?
What happens next
Relevant links

Who is a de facto residence permission for?

There are two ways to apply de facto immigration permission.

  1. If you are resident out side the State you must apply for a visa or pre-clearance to join your partner. You can check if you are visa required or non-visa required using our travel path. Applications can be made using https://www.visas.inis.gov.ie/AVATS/OnlineHome.aspx
  2. If you are legally resident in the State on certain immigration permissions you can also apply. Immigration Service Delivery (ISD) makes decisions on a case-by-case basis.

To apply for a de facto residence permission you must be in a relationship with an eligible sponsor. An eligible sponsor is a person who is:

  • An Irish or UK national living in Ireland, or
  • A non-EEA national who is legally living in Ireland and holds a Stamp 1, Stamp 4, or Stamp 5 Irish Residence permission.

A de facto relationship is similar to a marriage or civil partnership in practice though not in law. It is where:

  • You and your partner both have a mutual commitment to a shared life to the exclusion of all others

  • Your relationship is genuine and continuing

  • You live together on a permanent basis and do not live apart

  • You are not related by family.

The de facto immigration scheme allows couples living together for at least two years in a genuine relationship to remain in Ireland based on their relationship.

Am I eligible?

You may be eligible to apply for a de facto residence permission if all of the below apply to you:

  • You are a non-EEA national legally resident in Ireland

  • You are aged 18 or over
  • You are in a relationship with an Irish, UK or non-EEA* national legally resident in Ireland
  • You show evidence of a durable relationship and cohabitation with your partner of at least two years when you apply. This could be proof of payment of rent or mortgage, joint household or medical bills. Evidence that you have both visited each other as often as possible will not be enough to demonstrate a committed de facto relationship

  • You are living with your partner when you apply. If you are not living together, you must give compelling reasons why we should approve your application. Your partner is resident in Ireland and is self-sufficient. Neither of you are on social welfare benefits. You must both be able to support yourselves and any dependents without accessing public funds
  • You and your partner intend to live together permanently in Ireland
  • You and your partner are of good character and obey Irish law
  • You are covered by private medical insurance.

*If your partner is a non-EEA national, they must hold a Stamp 1, Stamp 4 or Stamp 5 Irish residence permission to qualify as an eligible sponsor. If they hold a Stamp 2 or Stamp 3 Irish residence permission, then they do not qualify as an eligible sponsor.

ISD will not accept applications for de facto partnership permission if you are:

  • In Ireland on a ‘C’ Visitor Visa or Irish Short Stay Visa Waiver Programme

  • Resident in the State on foot of a Working Holiday Authorisation issued by the Department of Foreign Affairs

  • Unlawfully in Ireland, subject to notification of intention to deport under the Immigration Act 1999 or have been served with a Deportation Order or EU Removal Order
  • You are an applicant for international protection (an asylum seeker)

How do I apply?

The way you apply will depend on the permission you have been given to enter and remain in the State.

Choose the one that describes your situation.

I am outside the State and seeking to join my partner

You must:

  • Apply for pre-clearance or a ‘Join Family’ D visa to join your partner using AVATS – The Irish Visa Application system.
  • You must apply for preclearance or a ‘Join Family’ D visas and be approved in order to take up residence in Ireland as a De Facto partner.
  • After you are approved and travel to Ireland you should attend the Registration office with your sponsor and the Required documents to register your permission.

Entered on a Short Stay ‘C’ Visa, on a Working Holiday Authorisation, are an asylum seeker, do not hold a valid immigration permission, or have been refused registration

Please note that the Immigration Service Delivery (ISD) will not accept an application for de facto partnership permission where:

  1. You entered the State as a visitor, on a Short Stay ‘C’ Visa, or under the Irish Short Stay Visa Waiver Programme;
  2. You are resident in the State on the basis of a Working Holiday Authorisation issued by the Department of Foreign Affairs;
  3. You do not hold a valid immigration permission;
  4. Your immigration permission has expired and a subsequent application for renewal has been refused; or
  5. You are an applicant for international protection (an asylum seeker).

In any of the above circumstances, you are not eligible to apply for de facto partnership permission from within the State. To be considered for permission as a de facto partner, you must leave the State and apply for De Facto Partner Preclearance from outside Ireland in accordance with the applicable immigration requirements.

Resident in the State on an existing permission (except a Working Holiday Authorisation)

If you are resident in the State and have a current permission and are eligible for De facto partnership permission, you can apply via the ISD Online Portal.

You may use a solicitor, legal representative or non-government agency to help you apply. However, you must write to ISD giving your consent for them to act on your behalf.

You must provide copies of the relevant documents required below when making your De Facto application. Submission of incomplete forms or failure to submit all requested documentation will result in the automatic return of your application.

Identity documents

  • Passport of the applicant
  • Passport of the sponsor

Evidence of relationship of applicant with Sponsor

  • Evidence of cohabitation of 2 years or more (in Ireland or another country)
  • Evidence of financial inter-dependence, i.e. Joint accounts, Joint purchases
  • Financial Statements covering the previous 6 months
  • Detailed relationship history including time spent together (Letters, emails, social media, photographs, air tickets, etc.)

Sponsor’s residence status

  • Copy of current work permit
  • Copy of current IRP card

Evidence of residence in the State

If renting:

  • Letter from landlord/agency, rental contract, rent book or tenancy agreement (dated)
  • Utility bills in the names of both the applicant and the Sponsor (dated)

If living with family / friends:

  • If residing with family / friends, letter from house owner is required
  • Utility bills in the names of both the applicant and the Sponsor (dated)

If Home Owning:

  • Mortgage Statement or Title / Deeds to the property
  • Utility bills in the names of both the applicant and the Sponsor (dated)

Evidence of current activity of Sponsor in the State

Employment

  • Current letter from employer setting out terms, conditions and hours of employment or signed contract of employment

  • Two recent payslips and previous 3 years employment detail summary from revenue.ie

  • Bank statements of sponsor for the last six months

Self-employment

  • Agreed Tax Assessment for the last financial year (if applicable) or Letter of Registration for Self-Assessment (Income Tax) from revenue.ie

  • Business bank statements for the last six months
  • Bank statements of sponsor for the last six months

Study

  • Letter from college/course provider including course description, start date and completion date
  • Bank statements of sponsor for the last six months

Involuntary unemployment

  • Letter / Statement from Department of Social Protection with details of benefit claims (or stating that there are no claims) from mywelfare.ie

  • Employment detail summary for the last 2 years from revenue.ie

  • Bank statements of sponsor for the last six months

Residing with sufficient resources

  • Letter / Statement from Department of Social Protection with details of any benefit claims (or stating that there are no claims) from mywelfare.ie

  • Bank statements of sponsor for the last six months
  • Employment detail summary for the last 2 years from revenue.ie

Criminal convictions

  • A Police clearance certificate is required from any foreign country that you have resided in over the last 5 years. The certificate must be no more than 6 months old at time of application. A Police clearance certificate is not required from An Garda Síochána, the Irish police service.

Clear images of original documents should be supplied. Immigration Service Delivery reserve the right to request further documentation or information where it is deemed necessary. Immigration Service Delivery reserve the right to request originals at any time.

Important: You must upload only one file per box. Multiple pages must be combined into a single document. We accept PDF and JPG/JPEG file formats only with size up to 1MB.

What happens next?

If your application is approved

  • You will receive a permission letter from ISD.

  • You and your partner will then be required to attend at your local Immigration Registration Office to register your permission.
  • You will also find details about your registration and renewal of registration in the letter from ISD.

If your de facto relationship ends, the residence permission granted is no longer valid. You must contact ISD immediately to let us know of your change in situation.

Please contact us through the dedicated Customer Service portal. You can register for an account or log in to your existing account.

What are the conditions attached to my permission?

The following conditions will apply to your permission to remain in the State:

  • That you will obey the laws of the State
  • That you will not become involved in criminal activity
  • That you will make every effort to remain in employment and not be a burden on the State
  • That you will reside continuously in the State. This means that you will live in the State full time during the period of your immigration permission as shown by the stamps in your passport. However, you may leave the State for short periods for personal or work reasons: for example, to go on holiday, to attend a family emergency, or to carry out a business or employment commitment for an Irish employer.

If my application is approved what type of permission will I be granted?

If your partner is an Irish national, you may be granted permission for one year on a Stamp 4. This stamp 4 exempts you from the need to have an Employment Permit or Business Permission.

If your partner is a Stamp 1/Stamp 4 holder transitioned from a Critical Skills Employment Permit (CSEP) holder or a Researcher under a Hosting Agreement (HA), you may be granted a Stamp 1G de facto partner stamp. This Stamp 1G (de facto partner of a CSEP/HA holder) exempts you from the need to have an Employment Permit.

If your partner is a non-national Employment Permit holder on a Stamp 1, Stamp 4 or Stamp 5, you may be granted a Stamp 3. This Stamp 3 does not allow you to work in Ireland. If you wish to work you must apply to the Department of Enterprise, Trade and Employment for an Employment Permit.

When applying for a Dependent Employment Permit with the Department of Enterprise, Trade and Employment you must enclose the permission letter issued by the ISD confirming your immigration status is based on your de facto partnership.

If your partner is a UK national resident in Ireland, you may be granted permission for one year on a Stamp 4D. This stamp 4D exempts you from the need to have an Employment Permit or Business Permission.

If your applications is refused

If your application is refused and you are not precluded from applying you may apply for a review of the decision.

You must do this within two months of the date of our decision.

The review will take into account the information you gave in your initial application plus any further information you wish to add.

The review will be carried out by another immigration officer who was not involved in your initial application or the decision to refuse.

Relevant links

Policy documents

Your de facto partnership application is examined in accordance with the provisions set out in the following published policy document

  • Non-EEA Family Reunification – English Version
  • Non-EEA Family Reunification – Irish Version
  • INIS Non-EEA Family Reunification policy document (updated June 2023).

Contact details

Please contact us through the dedicated Customer Service portal. You can register for an account or log in to your existing account.

Please ensure that all correspondence includes your name, reference number and contact details.

Contact Us

Immigration Service Delivery
Department of Justice,
Home Affairs and Migration
13-14 Burgh Quay
Dublin 2 D02 XK70
Ireland

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