EU Nationals
Spouses and children (up to 21 years) of EU nationals who are engaged in 'genuine and effective work' in Ireland are entitled to live and work here under EU Treaty provisions. Permission may also be granted for other family members of the EU citizen, depending on the case. For example, partners of EU citizens can apply, with evidence of the duration of their relationship.

Currently the waiting period for being granted residency is six months in Ireland. During this period the applicant can register with their local immi0gration officer and apply for a ‘Stamp 4’ registration stamp in their passport, so that they have access to the labour market without the need for a Work Permit. Applications for residency should be made to the EU Rights Division , 13-14 Burgh Quay, Dublin 2. This division is not accessible by telephone.

New ruling by the European Court of Justice
The European Court of Justice (ECJ) has ruled in July 2008 that Irish laws requiring non-EU spouses of EU citizens to have lived in another EU Member State before obtaining residency in Ireland were incompatible with the European Directive on the free movement of European citizens. The case concerned four couples who appealed a decision by the Government to deport them because the husband in each case is not an EU citizen and has never lived lawfully in another EU state. All spouses concerned are married to citizens of other EU states but were married in Ireland. The ECJ ruling upheld the right to freedom of movement with in Europe for EU citizens, and has implications for thousands of couples residing in Ireland.

For more information on EU Treaty rights:

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Non EU Nationals
If you are legally working and living in Ireland you can apply for your spouse and your dependent unmarried children under 18 to join you.
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Green Card Holders
Persons on a Green Card can apply for immediate family reunification for their spouse and dependents under 18 years of age. Applications can be made to the Immigration and Citizenship Division of the Department of Justice, Equality and Law Reform. When the family is reunited, spouses and dependants are free to seek employment and apply for a Spouse/Dependant Work Permit.
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Work Permit holders
Work Permit holders can apply for family reunification after one year of living and working in Ireland 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.

Please note that if a Work Permit holder applies for family reunion after completing three years in Ireland, different and more flexible criteria apply, particularly in relation to the income requirements. Please refer to the INIS website at www.inis.gov.ie
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International Students
International students do not have a right to family reunification. A student may apply to the Minister for Justice, Equality and Law Reform for their family to join them in Ireland, but they must show that they have sufficient funds to support their family without recourse to public funds. This includes enrolling children in private educational facilities from 31st July 2008.

The following immigration arrangements now apply in respect of children of non-EEA students attending State schools:

1. Unaccompanied non-EEA children who were studying in Ireland as part of the 2007-2008 school year in a State school will be permitted to continue their schooling in the State for the 2008-2009 year. Extensions of permission to remain after completion of that school year will only be permitted with the express written approval of the Department of Education and Science.

2. Where non-EEA students have enrolled their children in State schools and the child was already in education for some or all of the 2007-2008 school year, and the parent can demonstrate that they have partially completed their own course, the child will be permitted to remain in education until the completion of their parent's course, provided that the parent's course finishes on or before July 2010. Parents may not enrol in new courses or transfer between courses. Where the parent's course ends in the middle of a school year, the parent's registration cannot be extended solely for the purpose of allowing the child to finish the year.

3. First time students presenting for registration with the Garda National Immigration Bureau (GNIB) in autumn 2008 will be asked to confirm that they are neither accompanied by children, nor do they intend to have their children join them later on. If they are unable to meet this requirement they will not be registered unless the placement of the child in education has been expressly approved in writing by the Department of Education and Science or the Department of Justice, Equality and Law Reform.
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Application for Family Reunification
If your family come from a non-visa-required country, they can travel to Ireland and make the family reunification application in Ireland. Your family must register with the Garda National Immigration Bureau (GNIB) as they intend to stay longer than 90 days, and they will then have to make an application in writing to INIS for permission to remain in Ireland for the purposes of family reunification.

If your family members need a visa to travel to Ireland, they should apply at their local Irish embassy, or if there is no Irish embassy in their country it can be made to an embassy in a neighbouring country or to the Visa Section of the Department of Justice, Equality and Law Reform in Dublin.

There are various documents (in English) needed to support your visa application, including the following:

Guidelines on applying for family reunification are on the website of the Irish Naturalisation and Immigration Service (INIS) – click here

Visa decisions are published weekly on www.inis.gov.ie and take a minimum of eight weeks. The decision can be accessed online with your visa reference number. You have the right to appeal a negative decision within two 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 for refusal from the Visa Section within one month in writing if these have not already been given to you.

If the application is successful your family can travel to Ireland and must register with the Garda National Immigration Bureau on arrival where they will be issued with a GNIB card and “Stamp 3” in their passport, which indicates that they are here as a dependant. There is a €150.00 fee for registration and you and your family members must pay this fee annually to keep your residency stamp up to date.
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Minor Dependents reaching the age of majority
If your child came to Ireland on the basis of family reunification and she has reached the age of majority (18), the policy is unclear as to what your child can do to ensure their residency stamp is up to date. If your child plans to go to university, s/he can contact the local immigration officer to get a ‘Stamp 2’ for the duration of her studies. If s/he plans to enter the Work Permit system, s/he can avail of the dependant Work Permit scheme.
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Marriage Breakdown / Domestic Violence
In the case of separation or divorce, or a situation of domestic violence, the non-EU spouse married to a non-EU national can apply to INIS for independent status. These applications will be assessed on a case-by-case basis.
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Further Information