The permission is conditional on the basis of the relationship.
Non – EEA nationals who are in de facto relationships must have permission to remain in the State as follows:
- A non EEA national whose partner is an Irish national must provide proof of a durable relationship of at least 2 years. If the non EEA national is granted permission to remain they are not required to have a work permit.
- A non EEA national whose partner is an EU national can apply for a residence card if proof of a durable relationship of at least two years. If permission is granted, they are also not required to have a work permit.
- A non EEA national whose partner is also a non EEA national must provide evidence of a durable relationship of at least 4 years. They are required to have an employment permit to work.
The INIS guidelines note that for immigration purposes a person may be considered the De Facto Partner, opposite or same sex, of another person if:
- They have a mutual commitment to a shared life to the exclusion of all others akin to marriage or civil partnership in practice though not in law
- The relationship between them is genuine and continuing
- They live together or do not live separately and apart on a permanent basis
- They are not related by family.
It is stressed on the INIS website to assess the durability of a relationship, it is necessary for the couple to show dated documentary evidence of cohabitation for at least two full years immediately prior to the application. If the couple are not residing together at time of application, compelling reasons only will be considered. Evidence must still be provided of the previous two years, and whilst humanitarian reasons will be taken into consideration there is no guarantee the application will be granted. Mere visits to each over the two year period do not satisfy the criteria. It is vital that the couple intend to reside together permanently, and to reside in Ireland.
The following link provides access to the INIS detailed list of guidelines: