Written replies to the Joint Oireachtas Committee on
Justice, Equality, Defence and Women’s Rights
on issues relating to Family Reunification
in response to questions raised by Committee Members, Denis Naughten TD
and Pat Rabbitte TD during the Immigrant Council of Ireland – Independent
Law Centre’s (ICI) presentation to the Committee on Wednesday, 2nd April
2008.
Position on Family Reunification
and Model for the Granting of Family Reunification in Ireland
1.
ICI Position on Family Reunification
The ICI believes migrants’ rights to family life should be spelt out clearly in
primary law and is disappointed to see that the Immigration, Residence and
Protection Bill, 2008 does not contain provisions providing a right to family
reunification in Ireland for migrants other than those granted protection
pursuant to the provisions contained in Part 7 of the Bill.
Family reunification is a major source of immigration internationally and a
major issue of concern to migrants and Irish citizens in Ireland due to the
absence of a formal application process, apart from those available to
recognised refugees and EU citizens.
There is a lack of clarity regarding which family members may be admitted to
the State, the conditions under which family reunification may be granted and
the length of time it takes to process applications. The wide discretion of the
Minister with regard to granting of family reunification has led to
inconsistencies and a lack of transparency in the decision making process.
Ireland is the only EU Member State that does not have national rules
regarding family reunification enshrined in primary legislation. The previous
government decided not to opt into the EU Directive on the Right to Family
Reunification; however, Irish rules regarding family reunification should be
inspired by international best practice.
Immigrant Council of Ireland – Independent Law Centre, April 2008
Given the fundamental importance of family life to all of society, the Bill should
provide a clear entitlement for Irish citizens and certain legal residents to be
joined by immediate family members, including spouses or partners (including
same-sex partners) and minor children.
Discretionary provisions should allow for the admission of other family
members, such as parents and dependent adult children, on certain
conditions. In exceptional circumstances, the reunification of other categories
of legal residents in the State with immediate family members should also be
possible on certain conditions.
2.
Model for Family Reunification in Ireland
Set out below is a model that could be adopted to provide for a fair process of
family reunification for Irish nationals and legally resident migrants in the
State.
Family reunification would include the granting of entry and residence permits
to family members of Irish nationals and family members of qualifying, legally
resident non-EU nationals for the purpose of both the reunification of
existing families and the formation of new family relationships.
2.1.
Family Reunification for Irish Nationals – Immediate Family
Irish nationals, resident in the State, who are married to non-EU nationals,
shall have a right to family reunification with their:





spouse
registered civil partner1
unmarried or same-sex partner with whom the Irish citizen is in a duly
attested relationship of two years or more2
children under the age of 21 of the Irish citizen and of his/her spouse or
partner, including adopted children
the minor children (including adopted children) of the Irish citizen or the
spouse or partner where the sponsor or spouse or partner has custody
of the children, provided the other party sharing custody has given his
or her agreement.
The granting of family reunification to Irish nationals would be conditional on
the absence of any evidence that:
The definition of ‘civil partner’ would include all those who have entered a registered or civil
partnership and are registered as exclusive partners with the relevant authorities of the State in which
their partnership was contracted.
2
The ‘two-year’ requirement suggested here is taken from the UK Immigration Rules and should apply
to both heterosexual and homosexual partners.
1
Immigrant Council of Ireland – Independent Law Centre, April 2008


2.2.
the marriage was contracted or the relationship was founded or the
adoption was for the sole purpose of circumventing immigration rules
(‘marriage or partnership or adoption of convenience’)
the Irish national or the spouse or partner were forced into the marriage
or partnership (‘forced marriage or partnership’)
Family Reunification with Legally Resident Migrant Workers –
Immediate Family
Non-EU nationals who hold a residence permit that is valid for twelve months
or more and who fulfil the following conditions:

are entitled to enter the labour market either on foot of a valid
employment permit or on the basis of their immigration status (STAMP
4)
and
 are in full time employment on the date of application
and
 have an income above the threshold which would qualify the family for
payment under the Family Income Supplement (FIS) Scheme
administered by the Department of Social and Family Affairs –
www.welfare.ie
or
 have been in employment for at least thirty six months prior to the date
of application
shall have a right to family reunification with their:





non-EU national spouse
non-EU national registered civil partner
non-EU national unmarried or same-sex partner with whom the
resident is in a duly attested relationship of two years or more
non-EU national children under the age of 21 of the resident and of
his/her spouse or partner, including adopted children
non-EU national minor children (including adopted children) of the
resident or the spouse or partner where the sponsor or spouse or
partner has custody of the children, provided the other party sharing
custody has given his or her agreement.
The granting of family reunification to legally resident migrants would be
conditional on the absence of any evidence that:


the marriage was contracted or the relationship was founded or the
adoption was for the sole purpose of circumventing immigration rules
(‘marriage or partnership or adoption of convenience’)
the resident or the spouse or partner were forced into the marriage or
partnership (‘forced marriage or partnership’)
Immigrant Council of Ireland – Independent Law Centre, April 2008
2.3.
Family Reunification with Legally Resident Students
– Immediate Family
Non-EU nationals who hold a residence permit that his valid for twelve months
or more and who fulfil the following conditions:
 are registered as students with a recognised educational institution3
and
 are entitled to enter the labour market in line with their immigration
status
and
 have an income above the threshold which would qualify the family for
payment under the Family Income Supplement (FIS) Scheme
administered by the Department of Social and Family Affairs –
www.welfare.ie
may be granted family reunification with their:





non-EU national spouse
non-EU national registered civil partner
non-EU national unmarried or same-sex partner with whom the
resident is in a duly attested relationship of two years or more
non-EU national children under the age of 21 of the resident and of
his/her spouse or partner, including adopted children
non-EU national minor children (including adopted children) of the
resident or the spouse or partner where the sponsor or spouse or
partner has custody of the children, provided the other party sharing
custody has given his or her agreement.
on condition that they can provide:


suitable accommodation
sickness insurance in addition to evidence of sufficient health
insurance cover for his or her family members.
The granting of family reunification to legally resident migrants would be
conditional on the absence of any evidence that:


the marriage was contracted or the relationship was founded or the
adoption was for the sole purpose of circumventing immigration rules
(‘marriage or partnership or adoption of convenience’)
the resident or the spouse or partner were forced into the marriage or
partnership (‘forced marriage or partnership’)
3
Currently such institutions are listed in the Register of programmes approved by the Minister for
Education and Science for non-EU/ EEA/ Swiss students access to employment.
Immigrant Council of Ireland – Independent Law Centre, April 2008
2.4.
Family Reunification – Other Family Members
Family reunification may be granted with:




first degree relatives in the direct ascending line of the sponsor or
his/her spouse or partner
adult children of the sponsor or his/her spouse or partner who are in
full-time education
dependent adult children of the sponsor or his/her spouse or partner,
where they do not enjoy proper family support in country of origin
other dependent relatives who form part of the sponsor’s household or
the household of his/her spouse or partner, where they are objectively
unable to provide for their own needs
In relation to the above mentioned family members, the Irish nationals or
qualified sponsors will be obliged to provide evidence of



2.5.
income above the threshold which would qualify the family for payment
under the Family Income Supplement (FIS) Scheme administered by
the Department of Social and Family Affairs –www.welfare.ie
suitable accommodation
sickness insurance in addition to evidence of sufficient health
insurance cover for his or her family members.
Family Reunification in Exceptional Circumstances
The Minister for Justice, Equality and Law Reform should reserve the right to
consider applications for family reunification made by persons who are not
considered to be qualified sponsors and may grant family reunification in
situations where the granting of family reunification is necessary to alleviate
exceptional hardship on the part of the sponsor or his/her family member
concerned.
Factors that would have to be considered when assessing whether there is
hardship include but are not limited to the sponsor’s and the family members’
safety, age, state of health, family situation and other factors regarding
humanitarian or medical needs.
2.6.
Process for the Granting of Family Reunification
In the case of visa-required nationals, qualified family members will lodge their
‘Join-Family Visa applications’ at the Irish Embassy in the country of origin.
The family member will receive a decision on their application within two
months.
In the case of non-visa required nationals, qualifying family members will
present at the port of entry.
Immigrant Council of Ireland – Independent Law Centre, April 2008
On arrival in the State, the qualified family member will be issued with an
entry permit which will enable him or her to apply for a residence permit. The
duration of the residence permit will not go beyond the date of expiry of the
residence permit held by the sponsor, where applicable.
In case of refusal of family reunification, the decision of the Minister may be
appealed to the Immigration Appeals Tribunal established under the newly
inserted paragraphs 52 to 57 of the Bill, as proposed by the ICI, in line with
the procedures set out therein.
2.7.
Entitlements of Family Members
The sponsor’s family members will be entitled to


access education in the State4
access to the labour market pursuant to the Department of Enterprise,
Trade and Employment’s arrangements for Work Permits for Spouses
and Dependants of Employment Permit Holders
or
 access to the labour market in the same way as the sponsor, in the
case of family members of Irish nationals and family members of
STAMP 4 holders
2.8.
Autonomous Residence Permits
After three years of residency in the State on the basis of a residence permit
granted for the purpose of family reunification, family members shall be
entitled to an autonomous residence permit, independent of the sponsor.
In the event of death of the sponsor, or in the event of separation or divorce,
qualifying family members will be granted permission to remain in their own
individual capacity in advance of the expiry of three years.
2.9.
Refusal and Revocation of Permits
A qualifying family member’s permission to remain may be refused or revoked
where this can be justified on the grounds of pursuing a legitimate aim and
necessary in a democratic society.
Following the relevant amendments suggested by the ICI in relation to
Sections 30, 31, 39 and 43 of the Bill regarding the granting, non-renewal and
revocation of residence permits, the relevant Sections would apply to
residence permits granted for the purpose of family reunification.
4
This would include free primary and secondary education and access to third-level education on the
basis of the fees chargeable to their sponsoring family member.
Immigrant Council of Ireland – Independent Law Centre, April 2008