Spouse or civil partner of 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.
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.
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.
- 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
If you do not have current permission to remain in the State complete an Application Form and return via registered post to the following address:
Spouse of Irish National Unit
Residence Division
Irish Naturalisation & Immigration Service
PO Box 12695
Dublin 2
Please furnish the following:
- Completed, signed and dated (by applicant and Irish National) Application Form
- Your original marriage/civil partnership certificate
- Your original passport(s) and birth certificate
- Your Irish spouse’s/civil partner’s original passport and birth certificate (Passport Cards are not acceptable)
- Divorce papers from the applicant and/or spouse (if applicable)
- 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(e.g. P60s for last 3 years, bank statements for previous 6 months, P21 Revenue Commissioner statements, recent payslips, financial accounts, etc – this list is not exhaustive)
- It is advised that your application and all other documentation are forwarded by registered post.
- All documents submitted must be submitted as originals.
- For processing, purposes enclose a photocopy of all documents being submitted. All original documents will be returned following examination, copies will be retained on file. Further documentation may be required at a later stage.
- Both the applicant and their Irish national spouse/civil partner may be required to attend for interview in relation to your application.
- 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, INIS.
- Applications are dealt with in chronological order of receipt and decisions are reached on a case by case basis. The Spouse of Irish National Unit endeavours to process applications as quickly as possible, however, processing times may vary due to a number of factors, such as the number of applications on hands, individual circumstances, the complexity of the application, whether further information is required.
- An applicant has no entitlement to enter employment during the application process without the requirement of a Work Permit issued by the Department of Business, Enterprise and Innovation.
If your application is approved
- Successful applicants may be granted permission to reside in the State for an initial period of 36 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 Garda National Immigration Bureau 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.
Conditions attaching to 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.
If I separate from my Irish spouse/civil partner.
- Any change of circumstances that would affect the accuracy of your registration should be notified to your Garda National Immigration Bureau Registration Officer within 7 days of such change of circumstances.
- You will need to write to the Spouse of Irish National Unit, Residence Division, Irish Naturalisation & Immigration Service, PO Box 12695, Dublin 2 at least 3 months 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.
