Stamp 4/Civil Partnership Visa Eligibility

Hello everyone,

I'm an Irish citizen in a relationship with an Australian for 3.5 years. We are looking at moving to Ireland but I'm having trouble understanding our eligibility for visas and finding a visa that would allow her to enter and work (we aren't eligible for de facto and she has used a working holiday visa before). I was looking at the stamp 4 visa under the grounds of being in a civil partnership but have a few questions.

Does an overseas civil partnership (NSW, Australia) make us eligible for this visa, or would we need civil partnership in Ireland?

As an opposite sex couple, are we eligible for this visa through civil partnership? The INIS website states that Civil partnership is equivalent to marriage in visa entry, but only in same sex couples. I found this a bit bizarre considering same sex couples can be married in Ireland. (link http://www.inis.gov.ie/en/INIS/Pages/Ci ... artnership ) Looking for confirmation on this.

Since this visa needs to be applied for in person in Ireland (or at least I think), do you have to stay in the Country for the duration of the application. Basically, it would be very difficult for my spouse to stay in Ireland with no wage - could she come, apply, and then return to Ireland upon decision as I read it can take up to 6 months.

Any insight or experience on this would be greatly appreciated, thank you.

Civil partnership is for same sex couples who cannot get legally married in their country. A civil partnership cert is the equivalent of a marriage cert.

You need to either get married, or apply for de facto relationship once you live together for more than 2 years. Alternatively, your girlfriend can apply for a critical skills job in Ireland.

Thanks for clarifying, I was afraid that might be the case which rules us out. Back to the drawing board unfortunately.

She has a degree in HR managment, from what I've read that was previously on the skilled list but the most recent updated list doesn't include it.

Otherwise, I spoke to an immigration lawyer previously who said that they give some leeway on their criteria for the de facto visa - we don't have 2 years of cohabitation evidence (only 1 year) but it might be worth applying for based on his word. If anyone has any experience of that please let me know.

The lawyers "word" will count for nothing.

It clearly states 2 years evidence for a de facto visa.

http://www.inis.gov.ie/en/INIS/Pages/De ... ationships

In order to assess whether the couple is in a genuine long-term relationship, it will be necessary for the couple to provide dated documentary evidence of cohabitation for at least the preceding two years immediately prior to the date of application. Partners who are not living together at the time of the Application will be required to give compelling reasons for this.

The critical skills work permit can be applied by anyone who holds an eligible job offer. It has nothing to do with her degree (except for some limited cases such as medical practitioners and chartered accountants).

There are quite a few eligible jobs under the category of “management”. General HR isn’t one of them but it’s difficult to apply for a general HR from abroad anyway.

Also as CR001 mentioned, don’t listen to a word from the solicitor as it clearly contradicts the requirements. They say that because they can send you a hefty bill regardless of the outcome. If you have lived together for 1 years 10 months for example, that may fall into the category of “leeway”, but having only half of the required length cannot be considered a leeway.

From what I've read, entering on an employment visa is only possible with a 60k plus salary or a 30k plus salary with a 'highly skilled occupation' which is a list of quite specific roles, so I didn't think any job offer would do. ( https://dbei.gov.ie/en/What-We-Do/Workp ... nt-Permit/ ) I'd be happy to be told otherwise though.

FWIW, on the lawyer I was skeptical of that too. His argument was that despite not meeting the 2 years cohabitation, we could get it based on other relationship evidence, the fact she will contribute to taxes with her line of employment etc., or potentially on appeal. but he didn't really explain how. It was somewhat promising to hear that there is some wiggle room on the criteria but I don't plan to apply for de facto in my current situation unless I can hear some backup to his claims, or peoples experience of this (which seems unlikely from my research so far).

That is correct. It is still quite a big list, with a few management roles being eligible.
Alternatively there is a General Employment Permit. It requires a labour needs test (which means the employer would have to advertise the position locally before hiring a non-EU person). It might be a bit harder to obtain this permit but I know a lot of such permit holders coming from certain countries, so I know it's still possible.