Spouse Visas in Ireland

Application for a visa for a spouse of an Irish National

For non-visa required nationals, this process is much easier. The spouse of an Irish National that is from a non-visa required state can enter the state on the usual 90 day holiday visa. At the airport, they must explain that they are the spouse of an Irish Citizen.

Zambrano Case — Application for permission to remain on the basis of being the parent of an Irish Born Child

The Court of Justice of the European Union ruled that the non-EU parents of EU Citizen children must be allowed to live and work in the EU state. This judgement is known as the “Zambrano case”. A parent is entitled to reside with their Irish born child pursuant to the Zambrano decision. The parent must make an application for permission to remain in the state on the basis of their being a parent of an Irish born child. Once that application is successful, their status will be upgraded to Stamp 4. The parent has the right to live and work in the State. The child must have a passport in order for the application to be made.

Application to bring Visa required non-EEA National parent to Ireland to join family

We must establish the following information:

  1. The marital status of the parent
  2. Any siblings or family of the parent in their home country
  3. Whether they own their own property
  4. The earnings of the parent/parents
  5. If the family here is supporting the parent or non-EEA National applicant, we need to establish whether that person has a pension and what their income is.
  6. We need to establish what financial support is being given to the parent from the family in this jurisdiction
  7. How long the family has been supporting the parent
  8. How the money is transferred to the parent, whether it be by bank transfer, western union, cash etc. Establish what the contact between the parent and the family here has been. For example, how many times have they been over and back to see each other?
  9. Establish what the finances of the family are here
  10. Establish whether they own a property
  11. Establish their status in Ireland, whether they are citizens etc.
  12. Find out if they have any debts
  13. Establish whether the parent in the home country has ever been refused a visa for any other country
  14. Find out how often they contact each other via telephone, WhatsApp etc.

Bank Transfers to Non-EEA National parents or dependents

Western Union Money Transfers are not as sufficient evidence as a bank transfer because it is not possible to prove that the funds were transferred to the applicant personally to their bank account. Therefore, it is always better to have a bank transfer of funds as opposed to Western Union.

Application for permission to remain in the State on the basis of a De Facto Relationship

Defacto Permission to Remain in Ireland is a form of permission to remain 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.

Family Members of EU Nationals

An EUFAM 4 is only granted to family members of EU Nationals who are granted residence cards. For example, a family member who wishes to join an EU Citizen here will be granted a C Visa (short stay) to enter the state. After that, they would apply for a residence card by submitting a form EU1 to the Department. If the Applicant is over 16, they will be granted a temporary stamp 4 whilst the application is being processed. At the end of the six months, provided everything is in order, they will be granted a residence card for a period of five years which is an EUFAM 4.

Stamp 4 and EU Treaty Rights

In relation to a person who is on stamp 4 because they are married to an EU National, the spouse must exercise their EU Treaty rights. If that spouse is not exercising their EU Treaty rights and if there are absences of over six months without sufficient and good reason, then the Applicant runs the risk of having their stamp 4 revoked.

Are you interested in working and living in Ireland and need more information about possible visas?

Being a favourable tax country, Ireland may just be the perfect destination for you. Read on to learn how to start a business in Ireland. And for another pathway for immigration to Ireland, we prepared an article for you, explaining in detail how to obtain a work visa in Ireland!

--

--

Get the Medium app

A button that says 'Download on the App Store', and if clicked it will lead you to the iOS App store
A button that says 'Get it on, Google Play', and if clicked it will lead you to the Google Play store
Relocate

Relocate

29 Followers

The first independent marketplace for global migration. Dig-deeper into relocation topics and connect with qualified advisors. www.relocate.world