Domestic abuse and your immigration permission

If you are in danger

• In immediate danger: call 112 or 999. Gardaí are trained to deal with domestic abuse, whatever your immigration status.
• Women’s Aid: freephone 1800 341 900, confidential, with interpreters for your language. womensaid.ie
• Men’s Aid: (01) 554 3811, confidential. mensaid.ie
• All support services in Ireland: stillhere.ie

The short answer

• If your permission depends on the person abusing you, you can apply to ISD for your own permission.
• It’s free, it’s treated in confidence, and ISD can write to an address you choose or through a support organisation.
• Send as much evidence as you can: court orders, medical or Garda reports, a letter from the HSE or a support organisation.
• If it’s approved, you get Stamp 4 in your own right. Your spouse or partner has no say, and you can work without a permit.
• You don’t have to stay in an abusive relationship to stay in Ireland.

What counts as domestic abuse

ISD’s guidelines describe domestic abuse as controlling, coercive, threatening, degrading or violent behaviour, including sexual abuse, usually by a partner or ex-partner but also by a family member or carer. It isn’t only physical. It can include:

• destroying your property;
• cutting you off from friends, family and support;
• threats to others, including your children;
• stalking;
• control over your money, belongings, food, transport or phone.

Anyone can experience it, whatever their age, gender, sexuality, faith or background.

Who the guidelines are for

ISD’s guidelines are for someone in Ireland whose immigration permission depends on the person abusing them: for example, a spouse or partner on a permission linked to theirs, or a family member joined to them. You can apply if you have that permission now, or recently had it.

ISD’s web page adds that you’re not eligible under these guidelines if you’re living in Ireland without any permission. Whatever your status, ISD says you should still report abuse to An Garda Síochána.

How to apply

1. Write a cover letter explaining what has happened and asking for independent permission. Say whether you or the abuser has left the home.
2. Include details of your children living with you: names, dates of birth, nationality and copies of their identity documents, if you have them.
3. Add the evidence you have (see below), and copies of your passport and IRP card if you can get them. If you can’t, say so.
4. Say where ISD should write to you. It will only use the address you agree, and can correspond through a support organisation you nominate.
5. Send it to the part of ISD that gave you your current or most recent permission. If you never had a letter from ISD, send it to the Domestic Residence and Permissions Division, 13–14 Burgh Quay, Dublin 2, D02 XK70, or through the Customer Service Portal with “Domestic Abuse” in the subject.

You can apply yourself, through a solicitor, or through a representative. There’s no application fee, though the normal registration fee may apply afterwards, depending on your situation.

Evidence that helps

You don’t need all of these. Send what you have, as early as you can:

• a protection, safety or barring order from an Irish court;
• medical reports showing injuries consistent with abuse, with the doctor’s details and dates;
• Garda reports of incidents;
• a letter from a State body, like the HSE, saying it’s dealing with your case as domestic abuse;
• a letter of support from a domestic abuse support organisation;
• any other evidence.

Court orders are a separate step, through the District Court, and your immigration status isn’t considered when you apply for one. The Legal Aid Board and domestic abuse services can advise you. See barring, safety and protection orders on Citizens Information.

What happens next

• ISD acknowledges your application at the address you agreed, and contacts you if it needs more.
• The decision is at the Minister’s discretion. If the Minister is satisfied you have been or are a victim of domestic abuse in Ireland, ISD grants Stamp 4 in your own right, with a decision letter explaining the next steps.
• Stamp 4 doesn’t depend on your spouse or partner, and lets you work without an employment permit.
• If it’s refused, ISD sets out the reasons and explains any other options open to you.

Family of EU citizens

If you’re the non-EU family member of an EU citizen, the EU free movement rules also protect you. After a divorce or the end of a civil partnership, you can keep your right of residence on a personal basis where particularly difficult circumstances warrant it, such as domestic violence against you or a child during the marriage or civil partnership. Tell ISD about the change on Form EUTR 5.

Common mix-ups

Common questions

Sources