Dáil Éireann Debate, Wednesday - 8 December 2004
34 Mr. Boyle asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the problems that many immigrants face when trying to get their family to join them here either for a short visit or for a longer period; and the action he intends to take to improve the situation. [32577/04]
View answerThe present policy in Ireland regarding the admission of non-national family members to the State to join family members already here is broadly in line with that of the rest of the European Union and with practice internationally. The general policy on family reunification where the family members in question are not visa required, requires that the person already in the State must be in a position to support the family without recourse to public funds. The spouses and children of the majority of foreign workers in the State fall into this category.
The policy on family members who are visa required is that a non-EEA national who is working in the State on an employment permit may apply for family reunification for a spouse or a minor child on condition that he or she has been working here for at least 12 months, or three months in the case of certain skilled workers, and are likely to remain so for a similar period, that is, the employment permit has been renewed. He or she must be in a position to support family members without recourse to public funds.
In line with this policy, visa applications are considered by a visa officer and the average processing time is from four to six weeks. In the case of a refused visa application, the decision may be appealed in writing to a visa appeals officer in the immigration division of my Department. Such an appeal incurs no charge and the only limitation is that an appeal must be submitted within two months of receipt of the refusal notice. A decision on an appeal will issue within four to six weeks of the date of receipt of the appeal.
A person granted refugee status in Ireland may apply for family reunification under section 18 of the Refugee Act 1996. Save in very exceptional cases, under section 18(3) upon verification by the Refugee Applications Commissioner of the authenticity of the relationship, such permission must be granted to immediate family members of a refugee, that is, spouse, minor children and, if the refugee is an unmarried minor, his or her parents. Applications for family reunification may also be made for dependent members of a refugee's family under section 18(4). Dependent member of the family means any grandparent, parent, brother, sister, child, grandchild, ward or guardian of the refugee who is dependent on the refugee or is suffering from a mental or physical disability to such an extent that it is not reasonable for him or her to maintain himself or herself fully.
As these applications by their nature require very detailed and individual examination it is not possible to give an average processing time. On a more general note, the immigration division of my Department is continually endeavouring to improve the quality of services to its customers.
