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.
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.
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.
Frequently Asked Question regarding Spouse of an Irish National/Civil Partnership with an Irish National.
1.) How 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 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 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 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
B). If you do not have current permission to remain in the State a written application must be made to the following address:
Spouse of Irish National Unit, Immigration Services Section,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.
The following original documentation should be included with your application:
- 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 – photographs
- 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 Commissioners
It is advised that all documentation is forwarded by registered post. All original documents will be returned following examination, copies will be retained on file.
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.
2.) What can I do if I have an existing Deportation Order?
Applications from persons with an existing Deportation Order will not be considered. Any 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,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.
3). How 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.
4.) Can 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.
Queries can be made by email or post. Contact details are listed below.
Email queries may be addressed to INISsinu@justice.ie. Please ensure that all queries include your name, reference number and contact details.
By post – alternatively, queries can be posted to the following address:
Spouse of Irish National Unit, Immigration Services Section,
3rd Floor,
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.
6.) What 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.
7.) What 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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