With effect from the 1st June 2016, a new Application Form was introduced for applications for permission to remain in the State as the Spouse or Civil Partner of an Irish National.
Successful applicants will now be granted permission to remain for 3 years (as opposed to 1 year).
From 2017, the INIS intends to perform ‘spot checks’ on some cases, selected randomly from its processing database, “to ensure that permission granted is in line with the original application”.
Permission to reside in the State on the basis of marriage to, or civil partnership with, an Irish national
Marriage to, or civil partnership with, an Irish national does not confer an automatic right of residence in the State. A non-EEA national who wishes to reside in the State on the basis of their marriage to an Irish national must make an application for permission to remain in the State.
The Civil Partnership and Certain Rights and Obligations of Cohabitants Act 2010 entered into force on 13 January 2011. The immigration changes arising from this Act can be viewed here.
Applicants are required to meet the criteria as set out in the “Policy Document on Non-EEA Family Reunification” published on 31 December 2013.
How to apply
Non-Visa Required Nationals who have entered the State legally within the last 90 days; Visa Required Nationals who are within their period of permission to remain granted on arrival in the State (Except Short Stay ‘C’ Visas); or persons with Permission to Remain in the State on an alternative basis both, must submit the application at the local Garda National Immigration Bureau Registration office.
Persons who do not have current permission to remain in the State, should submit the new Application Form to the Spouse of Irish National Unit, Residence Division, Irish Naturalisation & Immigration Service, PO Box 1269, Dublin 2.
Persons with an existing Deportation Order
The INIS will not consider applications from persons with an existing Deportation Order. Such persons must first apply for the revocation of their Deportation Order pursuant to Section 3(11) of the Immigration Act 1999 (as amended).
Applications can take up to 12 months to process and they are processed in chronological order of receipt.
Successful applicants may be granted permission to reside in the State for an initial period of 36 months (3 years).
The non EEA national spouse/civil partner may be granted Stamp 4 which will allow him/her to reside and work in the State without the requirement of a Work Permit.
The applicant and his/her Irish national spouse/civil partner will be required to attend at their local Garda National Immigration Bureau Registration office to be registered as resident in the State on the basis of being the Spouse of an Irish National or the Civil Partner of an Irish national.
Conditions of Permission to Remain Granted
Permission to remain is granted on the basis of genuine evidence of a valid and genuine marriage/civil partnership and of joint residence.
There are no rights of retention of residence in the event of separation or divorce.
Successful applicants do not have an automatic right to family reunification.
Separation from Irish Spouse or Civil Partner
The INIS require that, in the event of separation, the non-EEA national informs the INIS in writing, at least three months prior to the expiry of the current registration/permission to remain, of the circumstances surrounding the separation preventing the person from renewing his or her registration, in order for the renewal of the registration/permission to remain in the State to be considered.
The INIS further request that any change of circumstances which would affect the accuracy of the registration of the permission to remain granted should be notified to the Garda National Immigration Bureau Registration Officer within 7 days of such change of circumstances.
The INIS Spouse of Irish National Unit can be contacted at INISsinu@justice.ie.
8 June 2016