Michael D Higgins (Galway West, Labour)
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Question 129: To ask the Minister for Justice, Equality and Law Reform if he will clarify immigration policy regarding [i]de facto[/i] relationships; if there is a specific application form required to have such relationships recognised; if he will provide a list of the documentation needed to support such an application. [23833/10]

Dermot Ahern (Louth, Fianna Fail)
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Non-EEA nationals who are in a de facto relationship or a partnership (either heterosexual or same sex) may apply for immigration permission based on that relationship (assuming that the other party is already entitled to reside in Ireland). The rules vary depending primarily on the immigration status of the person with whom the de facto relationship is claimed.

Partners of EU citizens exercising EU Treaty Rights in accordance with the European Communities (Free Movement of Persons) Regulations 2006 and 2008 will be dealt with under those regulations. The rules applicable to those persons are available on the website of the Irish Naturalisation and Immigration Service. Form EU1 is the appropriate application form in that situation.

Partners of Irish citizens or non-EEA nationals lawfully resident in the State will be considered under national immigration measures. In those situations the non-EEA national who wishes to remain in the State based on a partnership must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intend to reside, as a family unit in the State. For entry to the State, the person concerned must ensure that he/she has the relevant documentation with them, including a visa where required, to satisfy the immigration officer that there is a bona fide basis to permit entry. The INIS website sets out details of the information and documentation which is necessary to support an application for immigration permission.

The required minimum duration of the relationship is normally two years. This applies where the person with whom a relationship is claimed is an Irish or EU national. In certain circumstances it also applies where the partner is a non-EEA national with a particular immigration status. In other cases the required period is for 4 years.

The onus rests with the person seeking immigration permission to satisfy the Irish Naturalisation and Immigration Service as to the bona fides of the partnership. The nature and duration of the relationship would be taken into account in determining whether or not permission would be granted and the status of the lawfully resident partner will be taken into account. Applications are dealt with on a case by case basis.