U-turn on residency impacts returning migrants

Returning Irish migrants whose partner is not a native of the EU could be adversely affected by the reversal of a recent ruling on cohabitation requirements.

In April, the Irish Naturalisation and Immigration Service (INIS) said it would change its cohabitation requirements, under which unmarried couples in a long-term relationship, and already living together, could apply for the non-European partner to remain in Ireland.

Until earlier this year, any couple applying had to prove they had lived together for two years, but, last April, INIS said that proof of cohabitation for one year would suffice.

Proof is typically provided through joint or shared utility bills and similar documentation.

However, on September 1, INIS stated, on its website, that it was reverting to the two-year cohabitation requirement, effective immediately.

“This revised scheme was kept under review over the last few months and it has now been decided that the cohabitation requirement will revert to two years,” INIS said on the website.

“This is to ensure consistency with other immigration schemes, such as the EU Treaty Rights De Facto Scheme. The issue of living with parents will be kept under review.”

The Immigrant Council of Ireland said INIS had “abruptly rescinded” its earlier switch to one year, and that none of the agencies supporting immigration applications have been contacted about the change in advance.

A spokesperson for the Immigrant Council said it was “unclear” to them if anyone who submitted applications during the April-August window, and relying on the one-year cohabitation rule, would have them processed on that basis.

“The abruptness of the rule change, and the lack of consultation, is a concern, and we, along with a number of NGOs, are considering making a joint approach to INIS to question the change and make more formal enquiries about the status of completed applications during that period, and those in train,” the spokesperson said.

Richard King, of the Crosscare Migrant Project, said: “The issue, now, is returning emigrants, people coming back with their partners.”

He said Crosscare had already been contacted by people who had returned in August from places like Australia, and were now unsure where they stood, regarding their application, and now found themselves “in a very difficult position”.

Mr King said the likelihood of accessing an alternative method of remaining in Ireland, such as a work permit or student visa, was not always easy and that the Government should consider some kind of bridging visa, as an option.

The Department of Justice later moved to clarify the situation, stating that applications that have already been received will be considered under the rules that were in place at the time.

A spokesman for the department also said that applications received after September 1 would be considered on a case-by-case basis.

“INIS consults with NGOs on a regular basis and their views are taken into consideration, in devising and implementing policy, along with a number of other relevant factors,” the spokesman said, adding that the scheme expressly does not cover boyfriend/girlfriend situations or long-distance relationship, but only relationships akin to marriage.