Spouse of an Irish National/Civil Partnership with an Irish National

NOTE: Applications from persons where it is deemed that they are seeking such permission to simply gain entry to the State or where they seek such permission simply to continue their length of stay in the State for whatever reason, such applications will be refused and the appropriate and necessary action taken to remove the individual from the State. Any misinformation given during the application process will result in the application being refused immediately.

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Applicants will be required to meet the criteria as set out in the "Policy Document on Non-EEA Family Reunification" published on 31 December 2013.

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Permission to reside in the State on the basis of marriage to an Irish national

Marriage to 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.

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Permission to reside in the State on the basis of civil partnership with an Irish national

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 from the following link;

http://www.inis.gov.ie/en/INIS/Pages/Civil Partnership

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 civil partnership with an Irish national must make an application for permission to remain in the State.

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Frequently Asked Question regarding Spouse of an Irish National/Civil Partnership with an Irish National.

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  1. How do I apply?

  2. What can I do if I have an existing Deportation Order?

  3. How long will it take to process the application?

  4. Can I enter employment while my application is in process?

  5. How can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?

  6. What happens if my application is approved?

  7. What are the conditions of my permission granted?

  8. What happens if I separate from my Irish spouse/civil partner during the period of registration/permission afforded to me?á

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1.)áHow do I apply?

There are two routes in which a non EEA national can apply for permission to reside in the State on the basis of marriage or civil partnership with an Irish national.

A). If you are a non visa required national who has entered the State legally within the last 90 days or if you are a visa required national and you are within the period of permission to remain granted to you on arrival in the State (except short stay ‘c’ visas):, or if you have current permission to remain in the State on an alternative basis both you and your Irish national spouse/civil partner should attend at your local Garda National Immigration Bureau Registration office with the following documentation:

  • Your original marriage/civil partnership certificate
  • Your original passport
  • Your Irish spouse’s/civil partner’s original passport
  • Evidence of your joint address

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B). If you do not have current permission to remain in the State a written application must be made to the following address:

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Spouse of Irish National Unit, Residence Division,
3rdáFloor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.

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The following original documentation should be included with your application:

  • Cover note signed by the applicant and Irish spouse/civil partner (sponsor) applying for residency in the State arising from marriage/civil partnership to an Irish national
  • Details of your immigration history in this State
  • Your current legal status
  • Your original marriage/civil partnership certificate
  • Detailed information regarding your relationship history and the context in which your marriage/civil partnership took place
  • Evidence of your current address of your joint habitual residence
  • Your original passport and birth certificate
  • Your Irish spouse’s/civil partner’s original passport and birth certificate
  • Divorce papers from applicant (if applicable)
  • Other supporting documentation – photograph
  • Evidence of Private Medical Insurance in respect of non EEA national
  • Evidence showing that Irish spouse/civil partner (sponsor) meets the published financial criteria set out at 17.2 of "Policy Document on Non-EEA Family Reunification" available on INIS website www.inis.gov.ie (e.g. P60s for last 3 years, financial statements, P21 Revenue Commissioner statements, pay slips, financial accounts, etc – this list is not exhaustive)
  • Accommodation details: Rent Book, Joint Tenancy Agreement/Proof of Home Ownership, Utility Bills, Financial Statements, letter from Community Welfare Officer (if applicable) or Tax Credit form from the Revenue Commissionersá

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It is advised that all documentation is forwarded by registered post.áá All original documents will be returned following examination, copies will be retained on file.

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Further documentation may be required at a later stage. It should be noted that both the applicant and their Irish national spouse/civil partner may be required to attend for interview in relation to your application. This office may contact you in this regard in due course.

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2.)áWhat can I do if I have an existing Deportation Order?

Applications from persons with an existing Deportation Orderáwill not be considered.áAny applicant who is the subject of a Deportation Order and who wishes to make an application for revocation of the Deportation Order on the basis of marriage/civil partnership to an Irish national, pursuant to Section 3(11) of the Immigration Act, 1999, should send their application to the Repatriation Section at the address below.

Acknowledgement Unit,
Repatriation Section,
IrisháNaturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.

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3).áHow long will it take to process the application?

Applications can take up to 12 months to process. Applications are dealt with in chronological order of receipt.á

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4.)áCan I enter employment while my application is in process?

No. An applicant has no entitlement to enter employment during the application process without the requirement of a Work Permit issued by the Department of Enterprise, Trade and Innovation.

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5.)áHow can I contact the Irish Naturalisation and Immigration Service regarding the status of my application?

Queries can be made by email or post. Contact details are listed below.

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Email queries may be addressed toáINISsinu@justice.ie. Please ensure that all queries include your name, reference number and contact details.

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By postá–áalternatively, queries can be posted to the following address:

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Spouse of Irish National Unit, Residence Division,
3rdáFloor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.

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6.)áWhat happens if my application is approved?

  • Successful applicants may be granted permission to reside in the State for an initial period of 12 months.
  • 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 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.
  • Details in respect of registration and renewal of registration will be approved in correspondence issued by the Spouse of Irish National Unit.

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7.)áWhat are the conditions of my permission granted?

The permission is granted on the basis of genuine evidence of a valid and genuine marriage/civil partnership and of joint residence.

Any misinformation given during the application process will result in the application being refused.

There are no rights of retention of residence in the event of separation/divorce.

Successful applicants do not have an automatic right to family reunification.

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8.) What happens if I separate from my Irish spouse/civil partner during the period of registration/permission afforded to me?

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You should note that any change of circumstances which would affect the accuracy of your registration should be notified to your Registration Officer within 7 days of such change of circumstances.

You will need to write to the Spouse of Irish National Unit, Residence Division, INIS, 13/14 Burgh Quay, Dublin 2 at leastá3ámonths prior to the expiry of your current registration/permission to remain in State outlining the circumstances surrounding your separation preventing you from renewing your registration in order for the renewal of your application for registration/permission to remain in the State to be considered. Please ensure that you include copies of your national passport containing your registration stamp and Certificate of Registration.

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Aprilá2014

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