Dáil Éireann Debate, Thursday - 26 March 2026
348. Deputy Noel McCarthy asked the Minister for Justice, Home Affairs and Migration if there are any instances where the two-year cohabitation requirement for the purpose of applying for permission as a de facto partner of an Irish national is waived; if it is possible to prove evidence of a durable two-year relationship to his Department without providing a history of two-years cohabitation; and if he will make a statement on the matter. [23148/26]
Amharc ar fhreagraI can inform the Deputy that a de facto partnership is where a non-EEA national is in a long-term relationship but is not married to, or in a civil partnership, with the sponsor.
If a non-EEA national wishes to move to Ireland as a de facto partner, they must apply from outside the State and be granted permission prior to travel.
Visa required nationals will need to apply for a Join Family visa, while non-visa required nationals must apply for pre-clearance in advance of travelling.
For individuals already resident in the State on an existing immigration permission and who are eligible for de facto partnership permission, they can apply to the Domestic Residence and Permissions (DRP) division using the online portal, which can be accessed here: https://inisonline.jahs.ie/user/login
All applications are considered in accordance with the revised non-EEA Family Reunification Policy.
One of the key criteria is that evidence of cohabitation in a relationship akin to marriage of at least two years must be demonstrated. Each case is assessed on its merits, and it is only in in rare and exceptional cases that discretion could be used.
Such rare and exceptional cases must arise by reference to the specific exceptional circumstances of the sponsor/family member, as opposed to the generalised circumstances of the country in which the family member resides. For the avoidance of any doubt, there is no guarantee of a positive outcome of an application based on exceptional circumstances.
The consideration of rare and exceptional circumstances will always be subject to the Minister first being satisfied that the family relationship is: valid and genuine; and one where there is dependency.
Section 13 of the revised non-EEA Family Reunification Policy document sets out the use of discretion, and can be accessed here: https://assets.gov.ie/static/documents/f88cb36e/Revised_Family_Reunification_Policy.pdf
