Guide to obtaining
independent residency
status for immigrants
experiencing domestic
abuse
Immigrants who experience domestic violence at the hands of a spouse or partner must
overcome significant hurdles, particularly as they make arrangements to leave the family home.
Immigrants who find themselves in this position may feel trapped by their immigration status, if
their immigration status is dependent on that of their spouse. Those whose immigration status
precludes them from accessing work or social protection (for example emergency
accommodation) may be seen as particularly vulnerable.
Although there is no official policy to allow immigrants who experience domestic violence to
access independent residency, it has been our experience that, in practice, the Irish
Naturalisation and Immigration Service (INIS) takes a timely and humane approach to the
applications that we have submitted. Nasc works in partnership with a national coalition of
NGOs for the introduction of legislation which would formalise the application process enabling
victims of domestic violence to apply for an independent immigration status. We have asked
that in the meantime, that the Minister should publicise the existing policy as he has committed
to doing:
On 13 March 2012, Alan Shatter, Minister for Justice, Equality and Defence stated:
I am very anxious to ensure that if any individuals are a victim of domestic violence or
are threatened with domestic violence, they will know this flexibility exists and that
appropriate arrangements can be made…. Where someone is a victim of domestic
violence and has obtained a protection, a safety or a barring order from the courts, this
is clear evidence to provide to the INIS, if that person requires a separate visa facility, as
it establishes clearly the person has been victimised in the way described and would be
of great assistance in addressing the issue. However, it is not essential to have a court
order in these circumstances as each case will be dealt with individually. Insofar as there
are communication deficiencies in that regard and insofar as there is any doubt on the
issue, I will ensure it is made known and will discuss that matter with the officials in my
Department.
Until such time as the above reforms are implemented, we hope that the following information
assist migrants who experience domestic abuse.
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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Contents
1. Obtaining independent residency status ................................................................................ 2
2. What is a “dependent spouse” for immigration purposes? ................................................... 2
a. Stamp 3 Immigration Permission Holders .......................................................................... 3
b. Stamp 4 Immigration Permission Holders .......................................................................... 4
c. Stamp EU Fam 4 .................................................................................................................. 4
3. Obtaining independent residency – a case study ................................................................... 5
4. How do I go about making an application for independent residency? ................................ 6
5. Campaigning for Change ......................................................................................................... 7
6. Asking for your feedback ........................................................................................................ 7
1. Obtaining independent residency status
Victims of domestic violence whose permission to reside in the state is dependent on that of
their spouse find themselves in a particularly difficult situation. Neither Ireland’s immigration
legislation nor any official policy of the Irish Naturalisation and Immigration Service (INIS)
provides a solution for people who find themselves in such situations. It has been our
experience that abusive spouses may use their spouse’s dependent immigration permission to
further intimidate him/her, and that an abused spouse will often mistakenly believe that he or
she would be forced to leave the country if they leave the family home or the marriage. In fact,
it has been our experience that the INIS tends to look favourably on well-documented
applications for independent residency status for spouses who are experiencing domestic
abuse.
Following a decision of the European Court of Justice in March 20111, the State is also obliged
to grant permission to reside and work to the parents of dependent Irish citizen children, under
the Treaty on the Functioning of the European Union (TFEU). This decision may provide an
alternative or additional ground for an application by any dependent spouse who is also the
parent of an Irish citizen child. Further information about this is available at
http://www.nascireland.org/irish-citizen-child.
2. What is a “dependent spouse” for immigration purposes?
What we refer to here as “dependent” permissions to remain in the state, or “dependent”
immigration status, are those permissions granted by the INIS to non-EEA nationals, on the
basis of their marriage to or relationship to someone else. Examples include:
1
Zambrano v. Office National de l’Emploi (ONEm) C-34/09
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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spouses of work permit holders
de-facto partners of Irish nationals (same-sex or opposite-sex couples)
spouses/civil partners of Irish nationals
family members of refugees who are here on Family Reunification
spouses of EEA nationals who have been granted residence in the State on the basis of
Directive 2004/38EC
Dependent spouses and partners, like all legal residents of the state, are issued with a
Certificate of Registration (otherwise known as a “GNIB card”), by the Garda National
Immigration Bureau. This card will state which kind of permission or “Stamp” the person has
been granted. The various categories of “Stamps” indicate the nature of the permission that
has been granted to the resident.
A dependent immigration permission holder is normally only permitted to register by
presenting to the GNIB with their spouse or partner. Their legal residency is tied to that of their
spouse or partner.
a. Stamp 3 Immigration Permission Holders
Stamp 3 immigration permission is normally issued to spouses or partners of non-EEA nationals
(excluding refugees) resident in the State.
‘Stamp 3’ permission precludes a person from taking up employment without applying for a
work permit2 and from accessing social protection payments in their own right. There is no
right to retain this residency in the event of a separation or divorce.
Stamp 3 holders are especially vulnerable if they become victims of domestic violence due to
their exclusion from the labour market and their inability to access social protection. Stamp 3
holders may be unable to access refuges or shelters if they leave their abusive homes as
shelters are generally unable to offer more than emergency accommodation to those who not
in receipt of social protection.
A Stamp 3 holder may be able to register at the local GNIB office without recourse to the INIS if
they have a dependent Irish citizen child. In all other cases, applications for independent
residency by Stamp 3 holders should be made to the General Immigration Division of INIS.
Information on how to apply and the type of information to be included in the application is
detailed below.
2
Persons whose spouse held a valid work permit prior to 2009 may be eligible for a spousal work permit.
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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b. Stamp 4 Immigration Permission Holders
Stamp 4 immigration permission is normally issued to spouses, civil partners and de facto
partners3 of Irish nationals. Stamp 4 permission entitles the holder to freely access the labour
market and to apply for social protection. Stamp 4 permission does not, however,
automatically qualify a person to receive a social protection payment. Under section 246 of the
Social Welfare Consolidation Act, 2005 one must be considered habitually resident in the State
to qualify for a payment.
This permission does not carry any automatic right of retention of residency in the case of
separation or divorce. In the event that the Stamp 4 holder separates from their Irish citizen
spouse/civil partner/de facto partner they are under an obligation to inform the INIS of this
fact. The INIS will then make a decision as to whether the Stamp 4 holder will be permitted to
retain their residency independently of their spouse/civil partner/de facto partner.
Applications for independent residency by Stamp 4 holders who are spouses or civil partners of
Irish nationals should be made to the Spouse/Civil Partner of an Irish Citizen Unit of the INIS.
Applications by de facto partner of Irish citizens should be made to the General Immigration
Division of INIS. Information on how to apply and the type of information to be included in the
application is detailed below.
Family members of refugees also have Stamp 4 permission. Unlike other Stamp 4 holders
however, family members of refugees granted permission to remain in the state by the Minister
for Justice under section 18 of the Refugee Act, 1996 (as amended) retain a right of residency in
the event of separation from the refugee. Section 18(3)(a) of the 1996 Act provides that family
members of refugees are entitled to their rights and privileges under Section 3 of the Refugee
Act 1996, as amended, so long as the refugee continues to reside in the State.
c. Stamp EU Fam 4
Stamp EU Fam 4 is only issued to family members of EEA citizens. This right of residency derives
from the Citizens Directive (Directive 2004/38EC). Holders of a Stamp EU Fam 4 are permitted
to reside and work in the State and access social protection on the same basis as an EEA
national.
Article 13 of Directive 2004/38EC provides for the retention of Stamp EU Fam 4 residency by
the spouse of an EEA national in the event of divorce or annulment of the marriage or
termination of the registered partnership under certain circumstances:
the marriage or registered partnership has lasted at least three years including
one year in the host Member State; or
the non-EEA spouse or partner has custody of the Union Citizen children; or
3
De facto partners of Irish nationals are required to provide proof of a relationship of two years duration to qualify
for permission on this basis.
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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the divorce/annulment or termination was warranted by particularly difficult
circumstances, such as domestic violence while the marriage or partnership was
existing;
the non-EEA spouse or partner has a right of access to a minor child provided
that a court has ruled that such access must take place in the host Member
State.
Applications made under section 13 of the Directive should be addressed to the EU Treaty
Rights Section of the INIS.
3. Obtaining independent residency – a case study
Sarah (not her real name), originally from Pakistan, came to Ireland in 2007 to reside with her
husband who was initially resident in the State as a work permit holder and subsequently
attained long term residency. As the dependent of her husband, she was granted permission to
reside, and issued with a Stamp 3.
Sarah is a victim of domestic violence and decided to remove herself from the marital home in
order to ensure their safety and secured accommodation at a local women’s refuge. Sarah was
subjected to physical, emotional and financial abuse by her husband and applied for a Barring
Order against her husband. The District Court granted her a Protection Order as an interim
measure.
The refuge in which Sarah was residing informed her that they could only accommodate her for
a maximum of three weeks as she was not in receipt of a social welfare payment. Sarah applied
for an Exceptional Needs Payment through a HSE Homeless Unit. This application was refused
on the basis that Sarah’s Stamp 3 immigration status did not permit her to access social
welfare. Sarah was left with no option but to return to the marital home. Sarah felt that it was
too dangerous for her to give evidence against her husband in the pending Barring Order
hearing while she continued to depend on him for accommodation. Her solicitor sought an
adjournment of proceedings.
Sarah was referred to Nasc by OSS Cork, a Domestic Violence Information Resource Centre.
Nasc submitted a detailed representation to INIS requesting that Sarah be granted Stamp 4
immigration status independent of her husband as she was a victim of domestic violence.
Nasc’s request for Stamp 4 immigration status centred on the fact that Sarah would be unable
to remove herself from a violent situation unless she was given Stamp 4 immigration status, as
she would then be in a position to receive social welfare payments and safe housing. In
addition, acquiring Stamp 4 immigration status would allow Sarah to give evidence at the
impending barring order hearing without fear of reprisals or intimidation from her husband. In
order to ensure that a holistic approach was taken in this case, Nasc worked in collaboration
with OSS Cork, her solicitor and the women’s refuge in which she was residing in order to
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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gather the documentation that was required to effectively demonstrate the extremely
precarious situation that Sarah was in.
Nasc requested that Irish Nationalisation and Immigration Service (INIS) expedite this
application in order to ensure the safety and welfare of Sarah and her daughter and we
corresponded with a designated customer liaison official in INIS. INIS granted Sarah Stamp 4
immigration status independent of her husband within two weeks of our submission being
lodged. Sarah was then able to remove herself from the marital home, and to access safe
housing and social protection.
4. How do I go about making an application for independent residency?
We strongly recommend that victims of domestic violence seek legal advice in submitting an
application for independent residency. Please contact Nasc for further information.
INIS does not provide any guidelines or have a form for applications of this nature. You should
write a letter describing your circumstances, detailing the breakdown of your relationship and
enclosing any documentation that would support what you are saying.
If you are a Stamp 3 holder your application should request that you are transferred to a
“Stamp 4”, which would entitle you to live and work in Ireland independently of your spouse. If
you are already a Stamp 4 holder your application should request that you be given permission
to retain your existing permission independently of your spouse. It has been our experience
that well-documented applications are dealt with in a fair and timely manner by the INIS.
Your letter of application should include the following information and documentation:
Your immigration status and that of your spouse (include Department of Justice
reference numbers)
A copy of the letter granting you your original permission to remain in the State (if
available)
Give the dates and general circumstances of the arrival in the state of both spouses
Enclose copies of passports and GNIB cards (if available)
Say whether there are children of the marriage, their ages and, briefly, circumstances.
Please note that, if you have a child or children who are citizens of Ireland, the state is
obliged to grant permission to the parents on whom they depend to reside and work
here. See http://www.nascireland.org/irish-citizen-children for more information.
Outline the history of domestic abuse. Include approximate dates and present the
information in chronological order if possible. It is very important to enclose
documentation to vouch; for example a letter from GP, and/or domestic violence
support service, and/or social worker, and/ or Gardaí, and/or refuge/ shelter etc.
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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Describe any legal action taken eg. a Barring or Protection Order. Enclose copies of any
District Court orders that have issued. If proceedings are due to be issued, you should
include a letter from your solicitor confirming this.
Describe the current circumstances. Are you still living with the abusive spouse in the
family home? Are any legal applications pending? Are the children safe? Are you in any
immediate danger?
If the application is successful, you will receive a letter from the INIS confirming that you have
been granted independent immigration status for a period of time or confirming that you have
been permitted to retain your right of residency in the State. If you have been granted a change
of status from Stamp 3 to Stamp 4 you should present at your local GNIB office, with this letter
and your passport, where you should be issued with a new Certificate of Registration (GNIB
card) endorsed with a Stamp 4.
Please note that the information contained in this document was correct at the time of
publication. This is not a substitute for legal advice.
5. Campaigning for Change
Nasc is a member of the Domestic Violence Coalition, which was formed in 2011. The
members consist of Nasc, The Irish Immigrant Support Centre, Longford Women’s Link, Sonas,
Council of Ireland, AkiDwA, the Domestic Violence Advocacy Service, Women’s Aid, and Doras
Luimní.
The coalition aims to ensure that the government:
Provides formal recognition of domestic violence in immigration law by making
provisions that enable dependant family members to apply to remain in Ireland as
victims of domestic violence;
and
Pending the determination of applications to remain in Ireland, providing that victims of
domestic violence can access safe emergency housing and essential welfare benefits to
meet basic needs.
You can follow the progress of the campaign on our website at http://www.nascireland.org
under Campaigns.
6. Asking for your feedback
We would welcome your feedback on any aspect of this publication or in respect of the
campaign. If you have found this guide useful, we would love to hear from you. Likewise, if you
have a question about any aspect of it, please don’t hesitate to contact us.
Guide to obtaining independent residency status for immigrants experiencing domestic abuse.
© Nasc, the Irish Immigrant Support Centre (www.nascireland.org), June 2011, revised April 2012.
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