De Facto Relationship help

[chebas]

Hi, case goes like this.

Brother in law (non-eu) and his girlfriend (EU) applied for de facto relationship and sent tons of stuff over. The only thing they don't have is a document to prove the've been living together for over 2 years.

The INIS wrote back and asked for either a marriage certificate, civil partnership certificate or other satisfactory evidence of durable relationship including further residence of joint residency.

They sent pictures, telephone records, travel tickets, emails etc...
I guess this wasn't sufficient.

So given the fact that they have no way to prove that they've been living together for 2 years they have decided that they will get married, (they've been engaged for a couple of months now anyway) Apparently the closest date to get married is in Portugal around august.

Questions are:

Is this the best way forward? Is there another solution? How long after they get married will he get stamp 4?

As usual thanks for all your help!!!!


Chebas

[fatty patty]

The INIS wrote back and asked for either a marriage certificate, civil partnership certificate or other satisfactory evidence of durable relationship including further residence of joint residency.

Since INIS is asking you for any of the above that means that they are really not taking pictures/phone bills/tickets into account as such.

The stickler is that they never shared accommodation together (as they probably are in different countries) but its a good idea that they are getting married this will end if not all but some paper trail.

Since the spouse is EU citizen in Ireland it will be dealt under EU FAM process so he will probably get a six months EUFAM4 visa until his case gets fully processed (on condition that the EU citizen is exercising her treaty rights) and after that provided there are no more hiccups it will be five years.

[ImmigrationLawyer]

Are they both living in Ireland? Are they living together now? What is his status if so? Is she (the EU national) working or studying? If they are living together now, they can just wait and make another application in a couple of months, with more evidence. They can submit anything at all they can think of to prove their relationship - letters or statements from people in the community who know they are a de facto couple, etc. Are they engaged? Receipt for engagement ring and engagement party details/ receipts photos can be used too.
If they are in different countries they really cannot prove de facto status and they will have to get married. They need to show a lot of pre marriage contact (not just over the phone, long distance contact but physical "face to face" contact they call it.) Do they have evidence of this, ie holidays together or previously residing together or living in the same country as a couple? If not, to make sure I would suggest at least one trip prior to marriage, of course they should document it well, photos, receipts for hotels, meals, tickets, etc, espcially with both names on. Maybe there could be a couple of trips over to Portugal together to plan the wedding.
Sorry of not all this info relevent to the situation but I don't know the full story. It would be a good idea to get specific advice from a plegal professional who know the Irish visa system before you do anything.

[chebas]

Hi. Thanks for answering, they are actually living together and have been for a while, but they recently changed their lease into both their names as before thaey had just moved into a place one lived in already , blah blah blah. anyway they have decided to get married as they were going to get married anyway eventually. This is just putting the paperwork through quicker. She has quite a good job and so does he (for someone working with a student visa).

They sent tons of pictures of them hoildaying together, living together etc. o2 phone records of them talking directly highlighted every call, etc while in Ireland.

Really all they want is to is to keep on living like they are. No major change..

Thanks a lot for answering!!!

[spraoi]

Sorry for jumping in on your thread, but how long did it take for them to get a response from immigration to the initial application?