Spouse / de facto partner of Irish citizen or EEA worker

Build a spouse / partner residency strategy for [CLIENT_NAME] ([RELATIONSHIP_TYPE] with [SPONSOR_NAME] who is [SPONSOR_STATUS]; relationship duration [RELATIONSHIP_DURATION]).

§1 — TWO DISTINCT REGIMES (90-110 words)
[SPONSOR_STATUS] determines the legal framework:

REGIME 1: Spouse of IRISH CITIZEN
  • Domestic law (Department of Justice operational policy)
  • Initial Stamp 4 endorsement (with conditions)
  • Naturalisation pathway: 3 years marriage + residence (under INCA §15A)
  • More discretionary

REGIME 2: Spouse / family of EEA WORKER (exercising EU Treaty Rights)
  • EU Directive 2004/38/EC (Free Movement Directive)
  • Statutory Instrument 2015 (transposition)
  • Stamp 4 EUFAM under EU Treaty Rights
  • Permanent residence after 5 years
  • Strong legal rights — easier than Irish-citizen spouse route in many respects

§2 — IRISH CITIZEN SPOUSE PATHWAY (110-140 words)
[SPONSOR_NAME] = Irish citizen:
  • Apply for join-spouse visa from outside Ireland (if Indian-cohort applicant abroad)
  • Documents: marriage certificate, sponsor passport, sponsor accommodation + employment evidence, joint relationship evidence, applicant passport + medical + character
  • Visa fee: EUR 60 + biometrics via VFS Global India
  • On arrival: register at Burgh Quay; receive Stamp 4 IRP
  • Stamp 4 initially 1-3 years; renewable
  • Naturalisation eligibility under INCA §15A:
    - 3 years post-marriage + Irish residence
    - Of good character
    - Continuing co-habitation
    - Compared to 5 years standard naturalisation, this is a significant fast-track
  • Form 8 for naturalisation; fees EUR 175 + EUR 950 on grant

For pre-existing relationship: 12 months minimum living together before applying.

§3 — EU TREATY RIGHTS (EEA WORKER SPOUSE) (110-140 words)
[SPONSOR_NAME] = EEA national (any EU + EEA country + Switzerland) exercising Free Movement Rights in Ireland:
  • Apply for EU Treaty Rights residence under Statutory Instrument 2015 transposing Directive 2004/38/EC
  • [SPONSOR_NAME] must be:
    - Worker (employee with genuine + effective work) OR
    - Self-employed OR
    - Student with comprehensive sickness insurance + sufficient resources OR
    - Self-sufficient with resources + insurance OR
    - Job-seeker (limited duration)
  • [CLIENT_NAME] as "family member":
    - Spouse / civil partner: automatic right
    - De facto partner (durable relationship 2+ years): qualifying conditions
    - Children (direct or step) under 21 OR dependent
    - Dependent parents

Application: form EU1 (or equivalent) at ISD; no fee; processing 4-6 months. Result: Stamp 4 EUFAM. After 5 years legal residence: permanent residence right under Article 16 of Directive.

§4 — DE FACTO RELATIONSHIPS (80-100 words)
For non-married partners:
  • Irish citizen sponsor: de facto recognised under operational policy; 2+ years cohabitation evidence required
  • EEA worker sponsor: under Directive Article 3(2)(b), "durable relationship duly attested" — 2+ years cohabitation evidence
  • Documentation: joint lease/mortgage 2+ years, joint bank account, utility bills, photos, travel history, social recognition (family + friends statutory declarations)
For Indian-cohort: cultural sensitivity around unmarried cohabitation; documentary record paramount.

§5 — DOCUMENTATION CHECKLIST (60-80 words)
Common to both regimes:
  • Marriage / civil partnership / cohabitation certificates
  • Applicant + sponsor passports
  • Applicant photos
  • Relationship evidence portfolio (joint records 12-36 months)
  • Sponsor employment / self-sufficiency evidence
  • Applicant medical + police certificate
  • Application form (visa application form OR EU1 form)
  • Application fee EUR 60 (visa) OR free (EU1)

§6 — STAMP 4 EUFAM vs STAMP 4 DOMESTIC (40-60 words)
Stamp 4 EUFAM (EU Treaty Rights): unconditional; renewable; no domestic discretion to revoke (within EU law boundaries)
Stamp 4 domestic (Irish citizen spouse): conditional on continuing relationship; subject to ISD review
For long-term security, EU Treaty Rights is the stronger position when available.

End with: "DRAFT SPOUSE/PARTNER STRATEGY — for review by Irish solicitor familiar with both domestic + EU immigration. Choice of regime depends on [SPONSOR_STATUS] — if sponsor is dual Irish-EU national exercising mobility, EU Treaty Rights may apply concurrently. De facto relationships require strict documentary discipline."