Irish Passport holders and South African family members

Moving to Ireland as an Irish Passport Holder with South African Dependents

If you hold an Irish passport and are moving to the Republic of Ireland, your move falls under Irish domestic law rather than EU law. This applies even if you have never lived in Ireland before and obtained your passport through birth or registration.

Key Points to Understand

1. Irish Law, Not EU Law

   • You are considered as “returning home” rather than moving to a foreign country.

   • Irish laws govern who qualifies as a dependent and the process of bringing them with you.

   • Ignore references to EU Treaty Rights, as they do not apply to Irish nationals moving to Ireland.

2. Visa Requirements for Your South African Dependents

   • If a non-EEA family member (including dependents such as a spouse, child, or elderly parent) of an Irish citizen is residing outside Ireland and intends to move there, they will generally require a Long Stay (D) Visa before traveling.

   • Unlike EU citizens moving under EU law, your South African dependents do not get visa-free travel within the EU.

   • Travel to the EU: Your dependents will need visas for each EU country they visit.

   • Travel to the UK (including Northern Ireland): Although Irish passport holders can enter visa-free, your dependents will need UK visas.

3. Residency for Non-EEA Family Members

   • No automatic right to join you: Your South African spouse, children, or de facto partner must apply for residency permission.

   • Applications must be made through Irish Immigration Services.

4. Work and Business Rights

   • Immediate family members (spouses, children, de facto partners) of an Irish citizen receive Stamp 4 residency. This allows them to:

     • Work without an employment permit

     • Establish or run a business

   • Other dependents (e.g., extended family) may have dependent status only, meaning:

     • They will need an employment permit to work

     • They can apply for their own immigration status (e.g., as a student or work permit holder)

As of July 10, 2024, South African passport holders are required to obtain a visa before traveling to Ireland. This change aligns Ireland’s visa policies more closely with the Schengen Area and the UK.

Key Points:

1. Visa Requirement:

   • All South African nationals must secure a visa prior to traveling to Ireland.​

2. De Facto Partners:

   • If you and your partner are not legally married (e.g., in a religious ceremony not recognized by civil law), your partner must apply for Pre-Clearance before traveling to Ireland.​

Pre-Clearance Application Process:

• Eligibility: Non-EEA de facto partners of Irish nationals intending to stay in Ireland for more than 90 days.

• Application: Must be completed and approved before traveling to Ireland.​

• Required Documentation: Evidence of a genuine and durable relationship, among other supporting documents.​

• Processing Time: Varies; applicants should apply well in advance of intended travel.​

It’s essential to adhere to these updated requirements to ensure a smooth entry into Ireland.

Our page on ENTRY VISA’s HERE

Spouse (Married) – Residency and Work Rights in Ireland

Stamp 4 Immigration Permission

• Once approved, your spouse will receive Stamp 4 residency.

• This allows them to live and work in Ireland without needing an employment permit.

• Until Stamp 4 is granted, your spouse cannot work. Processing times vary but can take a long time depending on the area you move to, so budget accordingly.

Irish Residence Permit (IRP) & Renewal

• Initially, approval may come as a stamp in the passport.

• You may need to return later to receive the Irish Residence Permit (IRP) (previously known as the GNIB card).

• The first Stamp 4 is often granted for one year and must be renewed before expiry.

Delays & Additional Requirements

If Stamp 4 is not granted immediately, your spouse may be asked to submit a written residency application (Res6 document) to INIS. This can happen if:

• Additional identity verification is needed.

• There are concerns about criminal history.

• The marriage is recent and requires further review (see Newly Married Couples section below).

Residency and Registration for Children

Children Under 18

• Automatically considered dependents of their Irish or non-EU parent.

• Children under 16 do not need to be registered.

• Children 16-18 must register with Garda Immigration once they turn 16.

Children Aged 18-23 (Tertiary Education Requirement)

• Must be proven dependents and enrolled in full-time education to qualify for residency.

• Eligible if they are the biological or legally adopted child of either:

  • The Irish citizen or

  • Their non-EU spouse, civil partner, or de facto partner

Residency Registration for Non-EU, British, or EEA Citizens

• If a child is 16-18 years old or under 23 and in full-time education, they must register with Irish Immigration Service (ISD).

Dependent Family Member Criteria

A child may be considered a family dependent if:

• They are 16-18 years old, OR

• They are under 23 and in full-time education

• Their sponsor is an Irish citizen or married to an Irish citizen

• They live with the sponsor as part of the family unit

• They do not live separately or apart on a permanent basis

Immigration Status (Stamps)

• Children over 16 are typically granted Stamp 3, which allows residency but does not permit work.

• In some cases, they may receive Stamp 4, which allows them to work.

Adopted Children

• If an Irish citizen living abroad adopts a child, they must apply for the adoption to be recorded in the Register of Intercountry Adoptions.

• Once registered, the adoption has the same legal status as an adoption completed in Ireland. HERE

Newly Married Couples– Additional Scrutiny & Residency Application

In some cases, newly married couples may face additional checks before a Stamp 4 is granted. This can happen if:

• The couple was recently married, and the immigration officer requires further verification.

• The Garda Immigration Officer suspects the marriage may have been arranged for immigration purposes.

• Either spouse has a criminal record or identity verification issues.

How to Prepare

• While you do not need a De Facto Pre-Clearance Visa, it may be helpful to gather proof of a genuine relationship, similar to what is required for De Facto partners.

• Having these documents ready in case they are requested can speed up the process.

If Stamp 4 is Not Granted Immediately

• Your spouse may be asked to submit a written residency application (Res6 document) to INIS.

• Processing can take up to 6 months.

• During this time, a temporary residence permit may be issued.

• The non-EEA spouse cannot work until the application is approved.

Additional Documentation

• Some required documents may need to be obtained from South Africa.

• It is recommended to have these documents ready in advance, in case they are requested. We recommend you prepare documents as if you were unmarried, and read more on that in our De Facto Section.

De Facto Partner of an Irish Citizen – Immigration Overview

Here is a summary of the immigration process and requirements for the de facto partner of an Irish citizen who is a non-EEA national:

1. Definition of a De Facto Partner

Under Irish immigration policy, a de facto partner is someone in a committed, durable, and exclusive relationship with the Irish citizen, equivalent to marriage but not legally married or in a civil partnership.

• Applies to heterosexual or same-sex couples.

• Must generally show at least 2 years of cohabitation prior to application.

2. Visa Requirement

A non-EEA de facto partner must apply for a:

• Long Stay (D) Visa – Join Family (De Facto Partner)
  (via AVATS)

3. Eligibility Criteria

Cohabitation Evidence

• Minimum of 2 years living together, supported by documentation:

  • Joint lease/rental agreements

  • Joint bills, bank accounts, correspondence to same address

Genuine and Durable Relationship

• Proof of a long-term, committed relationship:

  • Photos, travel records, communications

  • Joint finances, shared responsibilities

Irish Citizen Sponsor

• The sponsor (Irish citizen) must:

  • Reside or intend to reside in Ireland

  • Show sufficient financial means to support both parties

  • Be of good character

Private Medical Insurance

• Required for the applicant upon arrival (especially pre-registration).

4. Financial Requirements

There is no fixed income threshold, but the sponsor must demonstrate:

• The ability to fully support the de facto partner without recourse to public funds

• Stable earnings over the past 2–3 years (e.g., €40,000+ gross annually is a practical guideline)

Application & Processing Time

• You must apply to the Irish Naturalisation & Immigration Service (INIS).

• Processing takes approximately 6 months.

• The South African De Facto partner cannot enter Ireland during this time.

Important: Pre-Clearance Visa Required

• Before leaving South Africa, the De Facto partner must apply for pre-clearance.

• Without this permission, entry to Ireland will be denied.

Read more here on WHAT proof is required for the De Facto application and how to get it processed.

Elderly Dependent Parents of an Irish Citizen – Immigration Overview

1. Visa Requirement

• Non-EEA elderly dependent parents must apply for a Long Stay (D) Visa under the Join Family category.

• This must be done before travelling to Ireland.

2. Key Eligibility Requirements

According to the Policy Document on Non-EEA Family Reunification (2016) and current immigration practice, the Irish citizen sponsor must demonstrate the following:

Dependency

• The parent must be wholly or mainly financially dependent on the Irish citizen prior to the application.

• This dependency must be ongoing and demonstrable (e.g. regular remittances, medical/emotional care).

Financial Capacity

• No exact figure is published, but the sponsor must:

  • Show stable income well above the average industrial wage

  • Be able to support the parent fully without recourse to State funds

  • Provide for accommodation, living costs, and private health insurance

• A practical benchmark: some immigration advisers recommend a gross income of €60,000+ annually for one parent, increasing with more dependents.

Accommodation & Care

• Must show that adequate housing is available and suitable.

• For elderly or infirm parents, a care plan (if applicable) should be included.

Comprehensive Private Medical Insurance

• The parent must have full private medical insurance that covers them for healthcare in Ireland.

• Insurance must be valid from arrival and comparable to what Irish citizens receive publicly.

Other Family Members – Eligibility & Requirements

In exceptional humanitarian or dependency cases, the Department of Justice may consider an application outside of standard policy, especially under Stamp 0 conditions.

Eligibility Criteria for Exceptional Consideration:

1. Exceptional dependency:

   • The relative is wholly dependent on the Irish citizen for financial and/or emotional care.

   • Must be unable to live independently in their home country due to serious illness, disability, or other hardship.

2. No adequate support available locally:

   • There is no one else in the home country who can care for the person.

3. The Irish citizen has the financial means to support them fully:

   • Must provide long-term accommodation, healthcare, and living expenses.

   • No recourse to public funds is permitted.

4. Comprehensive private medical insurance is required.

Application Process

• Pre-Clearance Visa Required:

  • Other family members must apply for a pre-clearance visa before traveling to Ireland.

• Residency Status:

  • If approved, they will be granted Stamp 0 residency, which has strict conditions:

    • No access to public funds or benefits.

    • Typically, they cannot work.

Read more on our Breakdown on the Family Reunification document

The financial requirements for non-EU/EEA dependents of an Irish citizen seeking to reside in Ireland depend on the relationship to the Irish citizen and the nature of the application (e.g. family reunification, de facto partnership, etc.). The primary concern of the Irish immigration authorities is that the Irish citizen can support the dependent(s) without recourse to public funds.

Below are the key financial requirements based on different categories of dependents:

1. Spouse or De Facto Partner of an Irish Citizen

Application Type: Join Family Visa / Stamp 4 after entry

• No strict income threshold, but the Irish citizen must demonstrate the ability to support both themselves and their partner.

• As guidance, the Department of Justice refers to the minimum income requirement used by the Department of Social Protection for a couple to not require social welfare support.

• Typically, a gross annual income of around €40,000 over 3 years is considered sufficient.

• Supporting documents include:

  • Employment contract or proof of self-employment

  • Recent payslips

  • Tax documents (P60, P21, etc.)

  • Bank statements

2. Dependent Children of an Irish Citizen

Application Type: Join Family Visa / Stamp 4 permission

• No explicit income requirement, but the Irish citizen must show capacity to support the child.

• Authorities assess overall financial situation: housing, income, family size, and support arrangements.

3. Elderly Dependent Parents

Application Type: Join Family Visa (very limited category)

• This is more restrictive.

• The Irish citizen must provide:

  • Evidence that the parent is wholly or mainly dependent on them financially and socially.

  • Proof that adequate accommodation and care arrangements are in place.

• There is no published financial threshold, but in practice, the State looks for:

  • Stable income well above the national average

  • Ability to provide long-term private health insurance for the parent

  • Clear evidence of dependency

• A practical benchmark: some immigration advisers recommend a gross income of €60,000+ annually for one parent, increasing with more dependents.

General Notes

• Financial requirements are assessed on a case-by-case basis.

• Insufficient income may result in visa refusal.

• Having private medical insurance for the non-EU dependent is strongly advised.

• Applications should include a comprehensive cover letter, explaining the relationship and the Irish citizen’s financial situation.

The above is referenced in the Family Reunification document 2016

Primary Sources:

1. Irish Immigration Service Delivery (ISD) – Family Reunification Policy

   • Especially the “Policy Document on Non-EEA Family Reunification”.

   • Provides guidelines for assessing financial capacity when an Irish citizen sponsors a non-EU family member.

   • Available here (Irish government site)

2. Department of Justice – Family Visas and Residence

   • Details on Join Family visa types, required documentation, and financial support evidence.

   • See Join Family Visa section

3. Social Welfare Guidance for Minimum Income

   • Although not directly tied to immigration, officials may informally reference thresholds used to determine eligibility for social welfare (e.g. Supplementary Welfare Allowance) as benchmarks.

   • See Citizens Information – Supplementary Welfare Allowance

4. Case-by-case application decisions and solicitor guidance

   • Because specific income thresholds are not always published, immigration solicitors and practitioners often refer to precedents and informal guidance (e.g., €40,000 over 3 years for spouses of Irish citizens) based on successful applications.

Once you have arrived in Ireland, you must register with an Immigration Officer.

When to Register

• Registration should be completed within 90 days of arrival.

• If the entry stamp in your passport specifies a shorter period, you must register before that date.

Who Needs to Register?

• You (the non-Irish dependent)

• Your Irish spouse and children should accompany you to the registration.

Required Documents

To apply for residency as the spouse of an Irish citizen, you must provide:

• Unabridged (Full) Marriage Certificate or Civil Union Certificate amoungst other documents. Go to our page on Garda Registration

Additional Information

• Registration at Garda Immigration is required for first-time registration and residency stamp renewals.

• No fees are required for this registration, as you are classified as Irish dependents.

Sometimes people are under the impression that the Irish citizen can “drop off” their dependents in Ireland, register them, and the Irish citizen then disapears to another country or their home country to live.

We contacted both the family reunification dept DRPCustomerService@justice.ie and info@justice.ie the general help email Info@justice.ie– we asked them for clarity:

The family reunification department reply as attached:

Hi

Can an Irish passport holder (who is not currently resident/ or has never been resident in Ireland) come to Ireland with their Non-Eu family, get them registered at Garda immigration and get their IRP cards, and then the Irish citizen leave the country to work or live abroad?

They return on a trip to re-register the members when their IRP card expires. Or the Irish member returns months later. Its our understanding that more than 90days applies to non-EU members, but what is the time period (if any) on the Sponsor living outside of Ireland?

It seems obvious by implication under the term “join family” on the family reunification document, but is not explicitly explained as such on the Irish Immigration website or family reunification that the Irish person has to be resident in Ireland – employed/self employed/ self sufficient/ no conditions? Actively living in Ireland for any given period of time.

This is clear on the website for EU members working under the Eu treaty process, British and Non-Eu members under the post Brexit New Policy Document and work permit holders, but not for Irish Sponsors If we are missing where this wording might be on the Irish Immigration site, please can you direct us to it

Thank you

reply, yes indeed the irish national needs to be resident and working in ireland :

Hello,

The Non-EEA family members are classified as dependents of the Irish national and as such the Irish national must be residing and working in the State in order for his family to qualify for residency here.

Kind regards,

Domestic Residence and Permissions | Immigration Service Delivery

Residency Requirements for Irish Sponsors

The term “Join Family” strongly implies that the Irish sponsor must be living in Ireland, resident, and working for their dependents to remain legally in the country.

Clarification on Sponsor’s Presence in Ireland

⚠️ An Irish citizen cannot “drop off” their dependents in Ireland and leave to work in another country, including South Africa.
⚠️ The Irish sponsor must reside in Ireland and be able to support their dependents financially.
⚠️ If the sponsor leaves Ireland permanently or for an extended period, the residency status of their dependents may be affected.

Travel Requirements for South Africans with Irish, British, or EU Passports

If you were born in South Africa or obtained South African citizenship (through naturalization or other means), you must have a South African passport to leave South Africa.

How to Check If You Need a South African Passport

✅ Look at your South African ID Book – If it states “South African Citizen” on the front page, you must apply for a South African passport.
✅ Check your foreign passport – If it lists South Africa as your birthplace, South African immigration will ask for your SA passport when entering or leaving the country.

📌 Apply for an SA passport at your local Home Affairs office.

Dual Citizenship & Passport Regulations

📢 South African citizens must enter and exit SA using their South African passport.
📢 Foreign passports can be used freely outside SA, but not at SA immigration control.
📢 Applying for a foreign passport? You may need permission from Home Affairs, depending on how and when you obtained foreign citizenship.

DO I NEED RETENTION OF SOUTH AFRICAN CITIZENSHIP? Click here

Legal Requirement Under the South African Citizenship Amendment Act (2004)

⚠️ It is a criminal offence for a South African citizen 18 years or older to enter or leave South Africa using a foreign passport.

📄 Download the Citizenship Act 2004 for full details.

Path to Irish Citizenship for Family Members

As the immediate family member of an Irish citizen, you may apply for naturalisation and obtain Irish citizenship after:

• 3 years of legal residence in Ireland (if married to an Irish citizen).

• 5 years of legal residence (if not married to an Irish citizen).

Key Requirements for Naturalisation

✅ Residency Calculator Compliance – Your time in Ireland must be verifiable through the INIS Residency Calculator.
✅ Proof of Continuous Residency – You must prove you have lived in Ireland full-time, including:

• Utility bills

• Lease agreements

• Bank statements

• Medical records, etc.
  ✅ Co-Habitation Proof (for spouses) – Documents showing you and your Irish spouse/partner have lived together for the required period.
  ✅ Good Character Assessment – Immigration officials may review your background, including tax compliance and any legal issues.
  ✅ Application Submission – Apply through INIS when eligible.

How to Prepare from Day 1

📌 Keep all documents related to your residency and relationship from the moment you arrive.
📌 Track your time spent in Ireland – Absences may affect eligibility.
📌 Ensure financial independence – Show proof of employment or financial support.
📌 Stay up to date on immigration rules – Check INIS guidelines regularly.

Our Information on Permanent Residence and Naturalisation

The Zambrano case refers to a principle from EU law that may allow non-EU parents or primary carers of Irish (or EU) citizen children to reside in Ireland, even if they would not normally qualify under national immigration rules.

Zambrano Right – Overview

The “Zambrano ruling” comes from the Court of Justice of the European Union (CJEU) case: Case C-34/09, Gerardo Ruiz Zambrano v Office national de l’emploi (ONEm), 2011.

Core Principle:

A non-EU parent or primary carer of a dependent EU citizen child (such as an Irish citizen child) cannot be denied the right to reside and work in the EU if such refusal would force the child to leave the Union.

Eligibility for Zambrano Rights in Ireland

To qualify under Zambrano, you must show that:

1. The child is an Irish (or other EU) citizen, and

2. The child is dependent on the non-EU national for their care and upbringing, and

3. Denying the non-EU parent permission to stay would effectively force the child to leave the EU.

Typically applies to:

• Non-EU parents of Irish citizen children

• Sometimes non-EU primary carers or legal guardians

Application Process in Ireland

1. Type of Application:

• Apply for a residence permission based on Zambrano principles

• Resulting status is usually Stamp 4 (allows work and residence)

• The non-EU parent cannot work in Ireland while waiting for a decision on a Zambrano application, unless they already hold a separate valid permission that allows work (e.g. Stamp 1 or 2 with work rights).

2. Where to Apply:

• In writing to the Zambrano Unit of the Immigration Service Delivery (ISD)

  • Address available on www.irishimmigration.ie

3. Documents Required:

• Cover letter explaining basis of application

• Proof of parent’s identity and legal status

• Child’s Irish passport

• Full birth certificate showing parentage

• Proof of child’s residence in Ireland

• Evidence that the child is dependent on the parent (e.g. school letters, medical info, childcare documentation)

• Affidavit or court documents (if sole custody is claimed)

• Other supporting documentation (e.g. financial, housing)

The processing time for a Zambrano application in Ireland can vary, but in practice it usually takes:

Approximately 6 to 12 months

(from the date the application is received by the Zambrano Unit of the Immigration Service Delivery – ISD)

Factors That Can Affect Processing Time:

1. Completeness of the application

   • Missing documents or unclear dependency evidence may cause delays.

2. Case complexity

   • Shared custody, disputed parentage, or immigration irregularities may lengthen the review.

3. Volume of applications

   • Delays may occur due to backlogs or staff resource limitations.

4. Verification needs

   • If the Department needs to request additional documentation or conduct interviews, the timeline extends.

Resulting Residence Status

If approved:

• Granted Stamp 4 residence permission (usually 1 year, renewable)

• May be allowed to work without a permit

• Can later apply for naturalisation, subject to residence requirements

Important Considerations

• Zambrano is a last resort: it applies where no other immigration route (e.g. parent visa, join family, etc.) is available.

• Irish authorities assess dependency and necessity strictly – shared custody or partial care may weaken the case.

• Applicants with criminal records or immigration violations may be refused.

📌 Since 1st October 2015, all applications must be submitted using the official application form for Non-EEA parents of Irish citizen children.

Visa Requirements for South African (SA) Passport Holders

1. Travel to the UK (Including Northern Ireland)
❌ An Irish visa does NOT allow travel to Northern Ireland.
✅ Your SA spouse/children must apply for a UK Standard Visitor Visa to visit the UK or Northern Ireland.
✅ Northern Ireland consists of Counties Antrim, Armagh, Derry, Down, Fermanagh, and Tyrone – all under UK jurisdiction.

2. Travel to Schengen Zone (EU Countries)
❌ Your SA spouse/children need a Schengen visa for each specific country they intend to visit.

3️. Flights Via the UK to Ireland
⚠️ SA passport holders transiting through the UK must hold a FULL UK Standard Visitor Visa.

• Even if staying inside the airport, passengers must clear international customs before entering the domestic terminal for flights to Ireland.

✅ This rule does not apply to Irish, UK, or EU passport holders.

What to Do Next?

📌 If you plan to travel to the UK or EU with your SA family members, apply for the necessary visas well in advance.
📌 If flying via the UK to Ireland, ensure all SA passport holders have the correct UK visa to avoid travel disruptions.

I’m a South African passport holder, do I need a visa to go to the EU and/or UK? – A question that gets asked regularly on visas to the EU and Uk from Ireland once people are resident in Ireland