Applications for a De Facto Relationship Immigration Permission with an Irish national are processed in accordance with the qualifying criteria set out on the INIS website and also taking cognisance of the provisions set down in the INIS Policy Document on non-EEA Family Reunification (December 2013). According to the Policy Document, a De Facto relationship is a cohabiting relationship akin to marriage duly attested. As marriage is a legally binding contract and De Facto partnerships are by their nature non-binding, there must be more requirements and considerations in place when assessing applications for De Facto partnerships.
The De Facto partnership scheme is an administrative scheme whereby an applicant who is currently resident in the State under another permission may apply for permission to remain on the basis of their relationship alone. Residency in the State based on being the partner of an Irish citizen is generally granted on a case by case basis, accompanied by a submission of documentary evidence that the relationship has been of at least two years duration. An applicant must be able to provide dated documentary evidence showing that they and their Irish partner have been cohabiting together in a relationship akin to marriage for at least a two year period immediately prior to the application being submitted. Applicants should be in a position to provide joint tenancy agreements, joint utility bills, bank statements, evidence of joint purchases and finances, documentation showing the noting of each other on your respective insurance documentation and any other documentation a couple would expect to accrue in a marriage type situation. Applications where a couple are reliant on parents both physically and/or financially for accommodation and/or other resources would not be deemed to be in a relationship akin to marriage or financially independent. The onus ultimately rests with the applicants to provide sufficient documentary evidence to show that they qualify under the scheme.
Where a negative decision has been issued, it is open to the applicant to submit a request for a review of this decision. However, it should also be noted that there are other options available to persons who wish to remain in the State for an extended period, for example, Student Conditions, Work Permit etc.
