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.
