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Visa Applications.

Dáil Éireann Debate, Wednesday - 3 November 2004

Wednesday, 3 November 2004

Questions (192, 193, 194, 195)

Caoimhghín Ó Caoláin

Question:

250 Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform the way in which he arrives at the decision regarding whether a work permit holder is in a position to fully support their spouse and family for the purpose of granting reunification visas to family members; and the weekly or monthly income a work permit holder must earn to be considered able to fully support their family. [27506/04]

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Written answers

As Minister for Justice, Equality and Law Reform, I have responsibility for policy in respect of family reunion, that is, the policy in connection with granting permission to enter and remain in the State to the spouses and children of non-EEA nationals who are legally resident in the State. This includes the spouses and dependent children of non-EEA nationals who have entered the State for work purposes. I fully acknowledge that family reunion policy should recognise the needs of persons coming to Ireland to work and be in accordance with the broad needs of Irish economy, including the safeguarding of public resources.

In the case of a visa required by family members of non-EEA national workers, the general rule is that it is only after the worker has been in the State for 12 months and has been offered employment for a further 12 months that they may be joined by their families. This is subject to the worker being able to support the family without recourse to public funds. There is no general time restriction in operation in respect of family reunion where the family members in question are not visa required. Again, the only caveat is that the worker in question must be in a position to support the family without recourse to public funds.

When assessing applications for family reunification, the visa officer will consider, among other things, whether the level of salary of the worker would come within the ambit of qualifying for payments from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement, FIS, are used. The criteria, which may change from time to time, are availableon that Department's website, www.welfare.ie/publications/sw22.html. If the level of the worker’s income, as evidenced by his or her payslips or P60, would qualify for FIS payments, the application for family reunification is generally refused as it is evident that the family can seek recourse to public funds.

Eamon Gilmore

Question:

251 Mr. Gilmore asked the Minister for Justice, Equality and Law Reform if he has reached a decision on the application for a spouse visa that has been made through the Irish Embassy in Delhi on 19 October 2004 by a person (details supplied); and if he will make a statement on the matter. [27507/04]

View answer

The visa application in question was to enable the wife of a non-EEA national employed under the work permit scheme to reside with him in the State. A worker employed under the work permit scheme may be joined by their spouse and minor children after the worker has been in the State for one year and has been offered a contract for a further year. The worker must also be able to fully support the family members in question without the need to have recourse to public funds. The application in question was refused as the supporting documentation did not show that the worker in question was in a position to fully support his wife. It is open to the applicant to appeal against the refusal by writing to the visa appeals officer in my Department.

Mary Upton

Question:

252 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position regarding applications (details supplied) for holiday visas to Ireland. [27508/04]

View answer

My Department received visa applications from the three persons in question on 29 October 2004. Decisions will issue in the near future following consideration of the applications in question.

Mary Upton

Question:

253 Dr. Upton asked the Minister for Justice, Equality and Law Reform the position regarding applications (details supplied) for holiday visas to Ireland. [27509/04]

View answer

My Department received visa applications from the three persons in question on 23 June 2004. The applicants stated that they wished to visit another non-EEA national who is working in the State under the work permit scheme. The applicants did not specify the dates they intended to travel, nor the duration of their proposed visit on their visa application forms.

In assessing any visa application the visa officer will consider various matters. These include whether it is reasonable in all the circumstances to conclude that the applicant's stated purpose of visit is the true purpose of visit and that the applicant will fully honour the conditions of the visa — for example, is he or she unlikely to overstay the length of time applied for or to work without a work permit? The visa officer will have regard to the information provided in the application and to such factors as the applicant's ties and general circumstances in their country of origin, as well as the relative attractiveness and feasibility of remaining in the State. Credibility is central to the visa determination process. Not surprisingly, inconsistencies or omissions on the face of an application can cause the visa officer to conclude that it is not reasonable in the circumstances to grant a visa. The Department's approach in these matters is informed by past experience, including experience of abuse of the system. Common examples of previous abuse include individuals who although granted a visa to come on short visits overstayed with a view to establishing themselves permanently in the State, and groups of persons who avail of organised events for the purpose of gaining entry to the State for other purposes.

The applications in question were refused because the visa officer could not reasonably be satisfied, on the basis of the documentation supplied to my Department, that the applicants would observe the conditions of the visas applied for. In particular, it was felt that the applicants had not displayed evidence of their obligations to return home following their proposed visit. An appeal was made against the decisions. The visa appeals officer, having re-examined the applications, upheld the original decisions. It is open to the applicants to make fresh applications and the matter will be considered anew.

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