Cohabitation requirement for de facto partners eased

IMPACT – MEDIUM

What is the change? Authorities have eased the process for obtaining De Facto Partnership Immigration Permission.

What does the change mean? Effective immediately, de facto partners will only be required to show evidence of cohabitation with their partner for one year, rather than two, in order to receive immigration permission. Authorities have also introduced a new application form that must be completed by statutory declaration before a witness, a change that will help standardize the application process and ease evidential requirements.

• Implementation time frame: Immediate and ongoing.
• Visas/permits affected: De Facto Partnership Immigration Permission.
• Who is affected: De facto partners in Ireland, specifically non-Irish residents applying to remain in Ireland on the basis of a de facto relationship with an Irish citizen or resident.
• Business impact: The eased requirements may make Ireland a more attractive location for Irish residents and their de facto spouses.

Background: Long-term de factor partners hoping to remain in Ireland for more than 90 day must apply for De Facto Partnership Immigration Permission, a process that requires the couple to show they are in a “durable relationship.” Previously, this required applicants to show they had lived together for two years immediately before submitting an application. That has changed, however, and now applicants will only have to show one year of cohabitation. In some cases, authorities will consider “humanitarian reasons” for why a couple has not been living together, e.g., if one partner had to care for a sick relative during the time in question. Authorities have also introduced a new application that must be completed by statutory declaration before a witness.

BAL Analysis: The changes are welcome news, as it they will reduce the cohabitation period and standardize processes for those applying for De Facto Partnership Immigration Permission

This alert has been provided by the BAL Global Practice group in the United Kingdom. For additional information, please contact uk@bal.com.

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