Dáil Éireann Debate, Thursday - 18 November 2004
161 Mr. J. O’Keeffe asked the Minister for Justice, Equality and Law Reform the residency rights here for those who wish to exercise EU treaty rights; if there is a time limit for dealing with an application by a person wishing to exercise such rights; and the position in relation to an application lodged in December 2003 by persons (details supplied) seeking to exercise such rights. [29542/04]
View answerThe EC treaty provides that EU nationals have the right to move and to reside freely within the territory of the member states, subject to the limitations and conditions laid down in the treaty and by the measures adopted to give it effect. These residency rights are of course subject to the power of national derogation on the grounds of public policy, public security and public health.
The EU national's spouse, dependent descendants and dependent relatives in the ascending line of the EU national and his spouse are also entitled to install themselves with the EU national if they qualify under the secondary legislation implementing the relevant provisions of the EC treaty. The residency rights of the EU national and his family will depend on the EU national's status in the State, for example as an employee, as a recipient of services or as a retired person. Directive 64/221/EEC provides that a decision to grant or to refuse a residence permit shall be taken not later than six months from the date of application for the permit.
The non-EU national concerned originally arrived in the State in August 2001 and lodged an application for asylum. A deportation order was made in respect of him in July 2002 and by letter dated 23 April 2003, he was informed of the intention to execute the deportation order. In May 2003 he married an Irish national. As the Irish national was also entitled to citizenship of another EU member state, an application for residency based on marriage to an EU national under Regulation (EEC) 1612/68 was subsequently lodged. This application was processed and residency has recently been granted to the non-EU national following the revocation of the deportation order made in respect of him.
