Irish citizens can make an application for a residence permission or visa for their legally married spouse/ civil partner to enter and/or reside in the State with them on a long term basis. The courts have established that an Irish citizen has a very strong entitlement to the company of their legally married spouse/ civil partner in the State. However, this right is not absolute.
The INIS policy on Family Reunification, December 2013 outlines the Minister’s policy in relation to such applications. There are financial thresholds that the Minister includes in this policy. Namely, the Irish citizen sponsor must not have accessed a social welfare payment in the preceding two year period to the application, and must have earned a cumulative gross income of not less than €40,000 in the preceding three year period to the application.
Successful applicants are granted Stamp 4 permission to reside, usually for an initial period of one year, which is renewable by attendance at GNIB together with your Irish citizen spouse.
There is a specified application form to be submitted with the application for residence permission as the Non-EEA Spouse of an Irish citizen and specified documentation and information to be supplied to the Minister. We have experience in lodging initial applications for visas and residence permission for the spouses of Irish citizens and guide and support our clients through the process. We can also assist and advise on applications for independent Stamp 4 residency in the event of separation and divorce from an Irish Citizen Spouse. Such applications are at the discretion of the Minister for Justice and Equality.