Seperating Panel Seperating Panel

Family Reunification
Family reunification is not an automatic right in Ireland: at present there is no right to family reunion in Irish law, except for Refugees. Family reunification rights depend on the type of residency a person has; e.g. a person on a Working Visa/Authorisation can apply after three months, whereas a person on a Work Permit has to wait a longer period of time before being eligible to apply. You may only apply if you have been living legally in Ireland, and there is no guarantee of a positive answer. All decisions are at the discretion of the Minister for Justice, Equality and Law Reform. You have the right to appeal a refusal; reasons for refusal will be given to you.

New guidelines
New guidelines on family reunification have been published by the Department of Justice, Equality and Law Reform since 24th August 2006: click here.
These new guidelines may also be subject to further change, check the department's website for updates if you are going to make an application.

Work Permit holders:
Work permit holders can apply for family reunification after one year, for their spouse and dependents of up to 18 years of age. You need to show you can support your spouse or family financially and will not have recourse to public funds. You should have an income equivalent to Family Income Supplement guidelines ( Click here for more information on FIS).You must be able to provide evidence of the relationship and of your finances.

Visa decisions are published weekly on www.justice.ie and take a minimum of 8 weeks. The decision can be accessed online with your visa reference number. You have the right to appeal a negative decision within 2 months. There is no fee for this. Appeals should be addressed to: Visa Appeals Officer, Department of Justice, 13-14 Burgh Quay, Dublin 2. You can also seek reasons from the Visa Section within 1 month in writing if these have not already been given to you.

EU Nationals:
EU Treaty Rights
Spouses and dependants (up to 21 years) of EU nationals who are engaged in 'genuine and effective work' in Ireland are entitled to join their spouses here under EU Treaty provisions. Currently the waiting period for being granted residency is 6 months in Ireland. During this period the applicant must surrender their passport, and is unable to travel or work in the country. EU nationals engaged to non-EU/EEA nationals in Ireland can also apply for residency for their future spouses. The residency stamp the applicant receives is currently only 6 months initially. MRCI has highlighted this issue with the European Commission and hopes that EU Treaty rights will be fully complied with in Irish procedures. Applications should be made to the EU Rights Division, 13-14 Burgh Quay, Dublin 2. This division is not accessible by telephone.

New Regulations concerning EU nationals and their families residing in Ireland
New regulations have been made by the Minister for Justice, Equality and Law Reform, bringing into effect in Irish law European Directive 2004/38/EC on the right of EU citizens and their family members to move and reside freely with in the Member States. The European Communities (Free Movement of Persons) Regulations 2006 (28th April, 2006) have a number of implications for EU nationals and their families residing in Ireland. An EU citizen no long has to register his/her presence in the State with the immigration authorities, providing s/he is engaged in economic activities, studying, or can ensure they do not become a burden on the social services. Family members of the EU citizen must apply for a Residence Card, which can be used in place of an Irish re-entry visa where the holder wishes to leave on a short trip and return to the State. Another change is that the Regulations facilitate the admission of the 'partners' of EU citizens where they are in a 'durable relationship which is duly attested', i.e. documentary evidence is provided to show that the relationship has 'existed for a reasonable duration', i.e. at least 2 years prior to the application.
For additional information see Information notice.
And Regulations.

Minor Dependents reaching the age of majority & Seperated/Divorced spouses of EU Nationals.
It is unclear what happens to minor dependants of EU nationals who reach the age of majority, or to separated or divorced spouses of EU nationals with regard to their residency entitlements. MRCI has raised the issue with the Department of Justice, Equality and Law Reform and is awaiting a response.