Page 1 – Cover page

Page 2 – Is blank

Page 3 – Contents

Page 4 – Executive summary

The purpose of this document is to set out the process of family reunification so that it is comprehensive and can be used as a guide in all cases of family reunification, taking into consideration the visa application processes as well as the processes that allow people to stay in Ireland.

In Ireland a lot of discretion is applied when processing various applications, and while the original document of 2013 contains the base of the process, this document aims to give greater clarity in regards to what is to be considered when applying this discretion. In all instances the Minister has the final say on all aspects of family reunification.

If you are claiming entitlement due to the rights afforded to EU members under the freedom of movement laws (EU TREATY RIGHTS), those rules will apply and not these herein. (See EU Treaty link HERE)

–*– Cases where the person applying for family reunification is a refugee, this document also does not apply.

–*– If someone is a threat to public security, public policy or public health, or they will cost the state too much to have them living in the country, the application will automatically be denied.

Page 5 – Executive summary

–*– The state has to look at the financial side and can not simply just look at the desire for the family to be together. A sponsor must be in a position to support the family they want to bring over completely without receiving help from the state to do so.

It is intended however that family reunification with an Irish citizen or certain categories of non-EEA persons lawfully resident will be facilitated as far as possible where people meet the criteria set out in this policy although of course each case must be considered on its merits. It is considered as a matter of policy that family reunification contributes towards the integration of foreign nationals in the State. Special consideration will also be given to cases where one of the parties concerned is an Irish citizen child.

–*– Each case will be looked at on its own merit, but if the person who is applying for it is either an Irish citizen or lawfully residing in the state, then it is the intention of the state to facilitate this. They know having family here helps people integrate and they will especially look at making it possible if there is an Irish citizen child involved.

–*– So in short. If you are here on a 1 year General work permit and you want to bring over your adult sister, it will be harder than someone who is here on a 5 year residency stamp wanting to bring over their 22 year old child.

Page 6 – Executive summary

The onus of proof as to the genuineness of the family relationship rests squarely with the applicant and sponsor whether that person is an Irish national or non-EEA national.

–*– It is up to you to prove the relationship. In the previous paragraph they take the time to mention the closeness of the relationship. As such, we need to pay attention to that. Get as much proof in the form of affidavits and statements to prove the relationship. Don’t just prove the relationship through a birth or marriage cert, prove the nature of the relationship with additional proof. You have to show it is a close relationship, where you are in a sense dependent on each other. Just having a birth certificate showing someone is your parent will not be enough in its self. You have to show that you and that parent need each other, not just that you are related

–*– Ireland is not obligated to be your place of reunification should you and your family have been separated by choices you have made. Currently there is no language test requirement, but this may change in the future

–*– They are working on in the future implementing a system where you would apply for family reunification from outside of Ireland before you come. The forms and fees will be standardized. Short stay visa’s will stay as it is now (like the 90 day stamp Saffa’s receive at the airport)

Page 7 – Executive summary

The document sets out the categories of person who may be a sponsor for the purposes of an application for family reunification. In all other cases the applicant will be required to apply in their own right as opposed to being sponsored by another person.

For the purposes of this document the different categorisations of family applied are

(a) Immediate Family

* Nuclear family – Spouse and children under the age of 18;

* De facto partners (for the purposes of this document a de facto relationship is a cohabiting relationship akin to marriage duly attested);

(b) Parents;

(c) Other family

(See link below on recognition of marriages)

A targeted and streamlined approach is being implemented as regards residency requirements for non-EEA sponsors, with Critical Skills Employment Permit holders, entrepreneurs and researchers among those categories to apply immediately for family reunification on behalf of their family members.

A 12-month waiting time is applied in the case of certain other categories.

Reflecting the balance of interests referred to and the economic factors that must bear on decision making, sponsors will have to achieve minimum levels of earnings prior to being eligible to sponsor a family member. This will be set at a cumulative gross earnings figure of €40k over 3 years where the sponsor is an Irish citizen and a higher level where the sponsor is a non-EEA national.

Page 8 – Executive summary

Social welfare payments will not be reckonable as earnings for this purpose.

(see link below on social welfare)

–*– In order to look at if someone qualifies as a sponsor, they look at the total income that is available, however, the payments that fall into the category on the above link is not included in that amount. If you receive (hypothetically) €300 per month for disability and €140 a month child benefit as you have 1 child, then that €420 will be excluded when looking at the income you have earned.

The financial thresholds will rise significantly where the application is made in respect of a dependent elderly parent.

Any grant of immigration status in such cases will be subject to strict conditions aimed at protecting the public purse. These will include medical insurance and financial guarantees.

The document also addresses the situation where an application is made on the basis of parentage of an Irish citizen child. Such cases do not fall strictly into the category of family reunification or settlement since the child cannot be a sponsor, however it was considered important to make provision for them in the document. Clearly not all cases are the same and each has to be looked at in the light of the factual circumstances and the best interests of the child. While it is not possible to be prescriptive in advance of the circumstances of the case being considered, it is intended as a matter of general policy, to grant immigration permission where the parent can demonstrate that an active and continuous involvement in the citizen child’s life, providing real emotional and/or financial support.

–*– Strictly speaking where an Irish child is involved, Zambrano applies and not family reunification applies. But, because every case is assessed individually, and the facts and the best interest of the child has to be considered, it is mentioned here as it will be looked at. You can’t say what the future holds, and that often makes it difficult to make these decisions, however, where there is proof that the parent is actively and continuously involved in the child’s life, financially and emotionally, in many cases the permission is a matter of policy.

(See link to Zambrano later)

In any decision to refuse an application, reasons shall be given. Where an application is refused the applicant may appeal the decision to INIS.

Immediate family members of Irish citizens granted immigration status through the family reunification process will have the right to work without employment permits and to establish or manage/operate a business in the State. They should receive a Stamp 4 immigration permission.

Page 9 – Executive summary

Immediate family members of non-EEA sponsors or non-immediate family of Irish Citizens will, if granted immigration permission, continue to be subject to the employment permit requirements as operated by the Department of Jobs, Enterprise and Innovation.

They will be entitled to apply for immigration status in their own right under the various channels available (student, work permit, business permission etc.)

–*– If these dependant members should get their own work permits, in their own right, then the Family reunification application falls away.

Any entitlement to residence obtained through family reunification obtained as a result of fraud, false information or misrepresentation or abuse of rights (including by way of marriage of convenience) shall be forfeit and no immigration benefit may be accrued from time spent in Ireland on this basis.

Applications (assuming all required information has been submitted) should ideally be dealt with within 6 months or 12 months of application depending on the category.

Page 10 – Executive summary

Page 11 – General Orientation (Introduction) – Part 1

–*– With immigration increasing at the rate they mention above, it is a fair assumption that implementation of policy will become stricter going forward, but with that there will be more clarity on policy and to what is currently a very open to interpretation.

Page 12 – General Orientation (Introduction)

–*– Cases will be looked at in it’s entirety and will continue to be treated as individual rather than simply applying a set of rules. Instead, a framework will be set out, that falls within what is legal, but will ultimately be clearer considerations to be taken when assessing an application.

–*– EU treaty laws only apply to cases that fall within the treaty conditions. Anything else falls under Irish domestic law and all disputes and laws that apply will be local laws.

The scope of this document is limited to family reunification determinations that are made on the basis of Ministerial discretion in exercise of Irish immigration policy.

Page 13 – General Orientation (Introduction)

Cases where the rights of the individual and the rules that apply regarding applications are already set out in legislation will not be covered.

The two categories excluded from scope on this basis are

Claims of entitlement to residence as the family member of EU nationals exercising rights of free movement (these are dealt with under the Free Movement Directive and the Regulations drawn up to give effect to the provisions the Directive)

–*–Since the publication of this document in 2016, Brexit occurred, and the New Policy Document was published for the British and Non-EEA dependants. This clause will be added in further publications of this document we are sure.

1.6 The purpose of the document is not to circumscribe Ministerial discretion, which will of course remain but rather to locate it in the overall framework where the elected Government of the day determines immigration policy and then sets out how that policy might apply in individual cases. In other words the Minister’s discretion will be largely exercised through setting down overall policies and parameters with some margin of appreciation retained by decision makers in exercising their professional judgement on the Minister’s behalf.

Page 14 – General Orientation (Introduction)

1.8 It is intended however that family reunification with an Irish citizen or certain categories of non-EEA persons lawfully resident will be facilitated as far as possible where people meet the criteria set out in this policy. It is considered as a matter of policy that family reunification contributes towards the integration of foreign nationals in the State. Special consideration will also be given to cases where one of the parties concerned is an Irish citizen child.

1.9 It should be recalled that the family reunification channel is not the only option open to a person seeking to reside in Ireland with a family member. There exist a variety of other immigration channels whereby a person may qualify for Irish residence in their own right, as a worker, student or otherwise. The arrangements set out here are without prejudice to the right of the foreign national to apply on other grounds.

–*– Remember that you can apply for one of the visa’s avaliable, if you qualify, and join family in that way (work permit etc) and you don’t only have family reunification to consider as the only option.

1.10 This document deals with the question of entry to the State and to the initial decision in family reunification. It does not address issues of renewal of permission other than in general terms.

1.11 It is also clearly the case that issues involving family rights will arise in other proceedings, in particular those arising under Section 3 of the 1999 Immigration Act. In such proceedings the central issue is that of possible deportation of a foreign national and a key, though not exclusive,

Page 15 – General Orientation (Introduction)

–*– This section pertains to refugees

–*– Because cases are looked at as individual and the measures for reunification is not considered straightforward, there may be cases, usually on a humanitarian level, where reunification may be granted even when the parameters don’t fall within the guidelines.

PAGE 16 – General Orientation (A Balancing of Rights)

2. A Balancing of Rights

The Convention does not give an automatic right to a foreign national to enter or to reside in a particular country. This has been confirmed repeatedly by the European Court of Human Rights and, further, the Court has said that the State must strike a fair balance between the sometimes competing interests of the individual and of the community as a whole

–*– Wanting our family together is not a right. Just because a person is the family member of someone who has the right to reside in Ireland, does not give them the right to join them.

The government has to look at what it will cost the state if someone is allowed to live here.

For instance: You want to bring your 25 year old daughter and her children (your grandchildren) to move to Ireland. Even though your daughter may be living with you and you buy all the food at home etc, there are a cost to the state, in the form of subsidized medical, also in the form of Child benefits that will be paid until the child is 16. There is the cost of putting the child through school as well as the substitution of the university costs.

There are future pension costs, because your daughter will be entitled to those and 5 years after arriving will be able to become a citizen and then access all the other welfare payments that are available. So yes, while we intend to not be a burden on the state, not being a burden still has a price tag to the State funds, that must be taken into consideration.

PAGE 16 – Blank Page

PAGE 18 – 3. Government Policy Choices

3.1 As outlined in the Supreme Court judgement in the Bode case, immigration control is the right and responsibility of the Government of the day. Moreover the Court found that immigration is not a right but rather a “gift”of the State. The exercise of that right on behalf of the State, or the way in which the State dispenses the immigration gift is not a matter of absolute discretion. It is subject to the Constitution, the European Convention on Human rights, as described above,and such statute law as exists. Immigration decisions must be proportionate and not capricious. Everyone is entitled to fair procedure,overseen via judicial review before the courts.

–*– It is important to note, that what applied last year under the elected Government and Ministers last year may not apply this year with a new Government and new Ministers and likewise in the future. It is the voice of the Irish people coming through their elected Government that determines the overall social fabric and how these are interpreted and implemented now and in the future. It is also what is determined by court cases and judgements that have gone before you, that may affect the outcomes for you.

PAGE 19 – Part 2

Family Reunification Policy

A. Key Policy issues

4. Nature of Family?

–*– They acknowledge that they cannot determine the exact definition of family, but rather categorise what family members are which

PAGE 20 – Nature of Family

–*– If you put The Sponsor in the middle of a page (the Sponsor being the person who already has permission to reside in the State) then draw a “+” across them. The line that goes up, symbolizes their parents. The line going down symbolizes their children and to the sides their siblings. The up and down lines are the people who have a higher probability of being approved, those who fall outside of that, while they will still look at the application, will have the rules applied to them more strictly and have a small chance of approval.

4.4 It is not proposed that domestic staff or unrelated members of the general household would be covered by this policy.

–*– Domestic workers or unrelated people, even when living with you as part of the household will NOT be considered under the family reunification system. As it currently stand, they also fall on the ineligible list for visas and as such will not be able to apply for a work permit as a domestic worker.

4.5 Some account must also be taken of the circumstances of any family separation and the actual relationship between the parties. In this regard,a family member who has been long separated from a person resident in Ireland may have a weaker claim on reunification than one where the parties have until recently been a close family unit. A family that has voluntarily sundered itself as a speculative means of securing Irish residence for one member must also dilute its own claims to reconstitution as a unit in Ireland (see Section 6 of this document)

–*– The longer you are apart, the harder it will be to prove that there is a dependency. “I cannot live without my Mother and my Mother can’t live without me. We are emotionally dependant” may not be a genuine claim when you and your Mother have not been together in 5 years and not visited or had regular contact through various communication means. You need to be able to prove that statement. However, note exceptions can be made where the separation was due to economic reasons, see 6.Reconstituting the Family Unit

PAGE 21 – Nature of Family

 PAGE 22- Differentiated Family Reunification

For the purposes of this document those persons are referred to as the sponsor. Immigration status is not uniform, ranging from limited or conditional permissions at the lower end of the scale up to long term residence without condition. The most secure status of all is obviously that of a citizen. It is considered the policy adopted should reflect the differing levels of tenure of the sponsor. However family reunification can never become automaticor unconditional and it would be undesirable if family reunification were seen to be happening “over the head” of the elected Government or in a manner that is inimical to its stated public policy.

–*– They look at the residency rights of the person who is applying. So if you are a citizen, chance are the best. this is because you are likely to continue staying here. If you are here on a work permit, chances are on the lower end of the spectrum, because there is no guarantee that you will be able to renew the permit and stay. The risk being that the sponsor ends up leaving because there in no new permit, and the person they brought in stays. It might be case then that the person is also unable to take care of themselves and then becomes the state’s responsibility.

5.2  Where the sponsor is a non–EEA national it is intended that different access to family reunification will generally be granted depending on the immigration status of the sponsor. These will range from student cases, where access to family reunification is either not permitted or highly restricted, to more generous provisions for persons, for example with long term residence status.

–*– For Non-EU sponsors, family reunification will vary based on the types of Non-EU permissions to be in the state, for example Student visas where family reunification is not permitted.

 5.3 Irrespective of the status of the sponsor, family reunification in all cases must be subject to proper checks and balances against immigration abuse, such as marriage of convenience*, and each case must be looked at on its merits, taking into account the immigration history of the parties and also the general issues of social and economic policy. The onus of proof as to the genuineness of the family relationship rests squarely with the applicant and sponsor whether that person is an Irish national or non–EEA national. This policy will not affect the visa requirement for those coming from countries where such applies

(See below for list of visa required countries)

* A marriage of convenience for the purposes of this document is defined as a marriage entered into for the predominant purpose of obtaining an immigration advantage for one of the parties.

PAGE 23- Differentiated Family Reunification

Non-visa required countries – note there will be exceptions to this where pre-clearance is needed

PAGE 24- Reconstitution of the Family Unit

6. Reconstituting the Family Unit

–*– While they do say that the longer you are separated before applying for family reunification, they do acknowledge that in some cases it is necessary to separate for economic reasons. In these cases due consideration will be given.

6.2 It might also be recalled that in some cases leave to remain in Ireland was granted by the Minister subject to the express limitation that no rights to be joined by spouse or other family member would flow from the status being granted. Therefore, the family must be deemed to have made an informed choice in favour of Irish immigration status for certain members over the alternative of all residing together in their country of origin.

–*–Sometimes permission to remain in Ireland is on the basis that

PAGE 25- Public Security, Public Policy and Public Health

7. Public Security, Public Policy and Public Health

PAGE 26- Blank page

PAGE 27- Economic Impact

8. Economic Impact

8.2 However the immigration authorities do not determine eligibility for State funded services and in many cases, particularly as regards social welfare payments, the eligibility conditions are the same for Irish citizens as for migrants. If entitlement becomes a given for any person who meets certain residency requirements then expenditure control must inevitably become front–loaded through the immigration system. In other words,the immigration system must restrict entry to significant numbers of persons who if allowed to come to Ireland would give rise to substantial liabilities in terms of State services. At the same time, when a person is granted immigration permission and it is made conditional on not being a burden on the State, failure to abide by this condition may lead to termination of permission, not withstanding any eligibility rules that may be in place by State sector providers of services as regards access to those services. This represents what might be referred to as an “Immigration Contract”.

–*– The “Immigration Contract” is an understanding whereby the Sponsor and Applicant agree to not become an unreasonable burden on the state. You want to make certain that benefits that are availed of are not costing the State more than your contribution. Thre is cost in having people join the country not only with benefits directly, but in other things like schooling, medical, pensions etc discussed before. You can lose your status or permission based on this.

–*– Estimated at €8K approx per child p.a – source: Dept. Education and Skills

Where the sponsor, is an Irish citizen the economic assessment would be less onerous than for non–EEA sponsors.

8.4 It is a question of finding the correct balance between rights and responsibilities. All other things being equal however, a non–EEA resident of Ireland in active well paid employment will have a considerably greater opportunity of being joined by family members than a person who is subsisting on State supports. Indeed a person who is unable to support him/herself cannot expect the State to assume the necessary financial obligations on his/her behalf.

–*– Note: The last time this document was updated was 2016, in 2019 Critical skills permits basic was increased to €32k. This will likely be the applied policy currently.

PAGE 29- Integration Requirements

9. Integration Requirements

9.1.Integration related requirements have become increasingly common in other EU jurisdictions when dealing with family reunification cases. Other than signalling an intention to introduce language competency as a requirement for citizenship and long term residence, such provisions have been absent from the Irish immigration framework. While this document does not propose any new or immediate requirements in this area it does recognise the legitimacy of such provisions. As a basic level, and avoiding getting into definitions of what constitutes “integration”, it is highly undesirable that migrants should live for extended periods or permanently in Ireland without being able to speak English. Indeed most immigration channels to Ireland for non–EEA persons have either an explicit (e.g. students on academic programmes) or implicit (e.g. in the case of foreign workers) language requirement. It is reasonable to incorporate such a test into the immigration system for family reunification cases also.

 9.2 It is proposed to undertake a further study of this issue on a horizontal basis for all classes of legal migration, looking not just at family reunification. Among the issues to be considered will be the level of language competence required and whether this competence should be attained before travelling to Ireland or within a set (probationary) time thereafter. It should also consider the question of whether tests of knowledge of Irish society and culture should become a feature of the immigration system and, if so, at what points (e.g. at citizenship stage or perhaps earlier). These tests have been used in a number of other jurisdictions.

–*– Expressed above and repeated earlier in this document, whilst an English language test or integration or Irish test is not required now, it could be instated later.

10. Pre-clearance

10.1 Unlike the position in the UK or in the Schengen zone, the rules for visa requirements in Ireland do not distinguish between short and long term stays. A foreign national is either visa required or visa exempt, irrespective of the length of stay or its purpose. As a result, family reunification applications from non visa required persons are made only when the person is already in Ireland. This gives rise to a number of problems including:

• Lack of certainty for the applicant;
• The maximum stay on an entry permission is 90 days which is an unreasonably short time to deal with a complicated application and a decision that will have significant consequences. In addition,the applicant may seek to remain (legally or illegally) while the case is being considered;
• Family reunification cases are considered by more than one Unit in INIS which gives rise to potential inconsistencies of approach;
• Where family reunification is refused the applicant is already in Ireland and then may become a problem and could involve lengthy and costly deportation proceedings that could have been avoided.
• The potential for abuse of short stay visa applications, ostensibly for short family visits or tourism, as a means of gaining access to the State in order to make an application for residence surplace on a more permanent basis.

10.2 This is an unsatisfactory situation and there is a strong case for putting in place a formal visa requirement for long stays or some alternative pre clearance process.

–*– There are now several preclearance visas in place for Ireland for various passport combinations

PAGE 31- Pre-clearance

10.3 While it is envisaged that pre–clearance is the most appropriate way in which to proceed in this area, there will inevitably be cases where the applicant seeks to apply from within the State. One category where it is obviously permissible to apply from within the State is comprised of persons who already have a residence status in their own right but of an inferior or more restricted nature (for example, as a student) and they seek to “upgrade” this on the basis of their relationship with, say, an Irish citizen.

–*– A pre-clearance  process has since been put in place for the defacto partners of Irish citizens, Work permit holders and since Brexit the New Policy document has a pre-clearance process for all Non-EU members of a British citizen.

(see below for more info on De facto relationships)

(see links to British and SA New Policy document)

–*– It is possible to change the type of residence status you have when you are in Ireland. Remember this, in case where your situation/marital status changes while you are in the state, or indeed applying for a work permit for the Non-EU member in their own right

PAGE 32- Processing & Fees

11.2 Family reunification applications are among the most labour intensive in the immigration caseload. At present however the only fee charged (other than the standard registration fee for successful applicants) is in respect of a D visit visa (€60). This situation needs to be reviewed and a much more realistic approach taken in respect of costs.