Friday, October 25, 2013

DE FACTO RELATIONSHIP VISAS

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: 

Thursday, October 17, 2013

SUBSIDIARY PROTECTION APPLICATIONS

We note that the Minister for Justice and Equality has made contact with some of our clients with pending Subsidiary Protection applications advising them as to the new procedure for determination of such applications following the judgement in the MM Case. Responsibility for processing Subsidiary Protection cases has been transferred from the Irish Naturalisation and Immigration Service (INIS) to the Office of the Refugee Applications Commissioner (ORAC). The new procedure is not however in place but implementation is at an advanced stage. As expected, the procedure for applying for this type of protection reflects the asylum application procedure. Whereby clients will apply through ORAC where there will be a personal interview. For existing applicants, there is an opportunity to submit further representations at this stage. If the decision of ORAC is negative, an oral appeal can be made before the Refugee Appeals Tribunal. 

Applicants with outstanding applications are well aware of the fact that they could face a considerable, further delay in having their applications finalised having already been through the asylum application process. Many of our clients feel that they are in a vulnerable position and face the prospect of remaining even longer in State direct provision accommodation which for many is simply inadequate. We shall update our readers further when we receive more information from the Minister regarding the implementation of the new procedure.

Sarah Henry