Spousal Visas and Evidencing Relationship

First - What is a Visa?

A visa is not permission to reside in the state but is instead a permission to enter the state. Technically, a visa does not even guarantee entry to the State which is at the discretion of the Immigration Officer at the port of entry.

In Ireland, the Department of Justice deals with visa applications with the assistance of Irish Embassies, Consular Offices, and third party processing services in many countries throughout the world.

Visa and Non-Visa Required Nationals

Not every nationality needs a visa to enter Ireland and the full list of visa-required nationalities can be viewed here: Visit Ireland - Travel Path - Immigration Service Delivery. There are many different types of visa applications and they vary based on many factors including length (short versus long stay), single versus multi entry, and purpose of travel.

Spousal Visa Applications

One of the more complex and time intensive visa applications I routinely work on with clients is where a non EEA national wishes to join their Irish resident spouse (the “Sponsor”) in Ireland on a long term basis.  This visa type requires a lot of specific documentation to accompany the deceptively straightforward online part of the application.  There are also different eligibility criteria and documentary requirements based on if the Sponsor is an Irish Citizen, EEA National, or Non-EEA National.

Evidence of Relationship –Easy Enough, Right?

A successful spousal visa application will include a lot of evidence to satisfy the decision-maker of the genuineness of the marital relationship. It is not enough for spouses to supply a marriage certificate, but the couple must also prove ongoing, routine, and regular communication with each other. When the language of written communication isn’t English, some certified translation of the written communication is usually required too. 

Multiple face to face meetings should have occurred both before and after the marriage and clear evidence of these, appropriately labeled, must also be supplied.

While proxy marriages, arranged marriages, and other marriages where the relationship began at a distance may be genuine, applicants are generally unsure what type of proof is best to satisfy the decision-maker.  The guidance on the ISD (Immigration Service Delivery) website about this is not sufficiently clear or detailed and stands to be improved.

I have read many visa applications refusals where the decision-maker writes there was not sufficient evidence of the “claimed relationship" supplied to prove that the relationship is “genuine”.  A refusal on this basis is devastating for applicants and their spouses and means additional expense for the couple to appeal the decision.

How I can help

Having an experienced immigration solicitor on your side assisting you making a spousal visa application will improve your chance of success the first time.

I have extensive experience in helping with these applications and will advise you in detail on the types of proofs expected by visa officers to evidence a “genuine” relationship.  I will help you from start to finish with the application process so you and your spouse present the best possible application with the highest chance of success.

If you recently had an application refused, you may only have two months to appeal the decision so time is of the essence.  I will help you with the appeal process by guiding you on documentation for your appeal and working closely with you to address all the reasons the application was refused.

Contact me to discuss your visa application.