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Residency Permits.

Dáil Éireann Debate, Tuesday - 9 October 2007

Tuesday, 9 October 2007

Questions (362, 363)

Caoimhghín Ó Caoláin

Question:

446 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if he will grant residency to persons (details supplied) in County Clare. [22399/07]

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Written answers

I am informed by the Immigration Division of my Department that following a review of the application for residence in the State based on EU Treaty Rights a decision has recently issued to the person concerned.

The person concerned did not meet the criteria for eligibility for residence in the State in accordance with Regulation 3(2) SI 656/2006 European Communities (Free Movement of Persons) No. 2, Regulations 2006. In order to avail of rights of residence in the State under the Regulations, applicants must submit evidence showing lawful residence in another EU Member State prior to arrival in Ireland. The vires of this Regulation was recently upheld in the High Court. The matter is under appeal to the Supreme Court.

Although the applicant is not eligible under the above Regulations for residence in the State, Stamp 4 conditions have been granted for a two year period to the person concerned.

Stamp 4 conditions entitle the person concerned to take up employment without the need for a work permit and to set up a business without the need for permission from the Minister for Justice, Equality and Law Reform.

Caoimhghín Ó Caoláin

Question:

447 Deputy Caoimhghín Ó Caoláin asked the Minister for Justice, Equality and Law Reform if his attention has been drawn to the anomaly arising from Regulation 3(2) of S.I. No.656 of 2006 and the Employment Permits Act 2006, whereby the spouses of many EU citizens have no right to live and work here despite the fact that such right is granted to the spouses of non-EU migrant workers; if this violates the spirit and letter of European Union law by discriminating against EU citizens in the area of family rights; and if he will make a statement on the matter. [22400/07]

View answer

EU citizens and their non-EEA family members who have the right to reside in Ireland under the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (SI No. 656 of 2006) have far more extensive rights than those accruing to non-EEA spouses of migrant workers. Under the Regulations the rights of those EU citizens and their non-EEA family members are the same as those of Irish citizens in terms of the right to travel in or to or from the State; to seek and enter employment (apart from restrictions placed on some Bulgarian and Romanian nationals and as a consequence their family members); to carry on any business, trade or profession; to access education and training and to receive medical care and services. Other rights under the Regulations include, subject to certain conditions, the retention of residence in the event of death or departure of the EU citizen, or in the event of divorce or annulment and the right to permanent residence after 5 years.

In some cases the non-EEA spouse of an EU citizen does not qualify for residence under the terms of the above Regulations as a result of Regulation 3(2), as referred to by the Deputy. This does not mean that in every such case the right to remain in the State is refused and the non-EEA national must leave. Applicants who are refused under the Free Movement Regulations may be entitled to permission to remain in the State in accordance with national immigration measures. The outcome of each case depends on its particular circumstances.

The Regulations and the underlying Directive fully set out the rights obtained by EU citizens and their family members who move to the host Member State in the company of the EU citizen or to join the EU citizen. Non-EEA spouses who do not qualify for residence in accordance with the Regulations cannot expect to obtain entitlements which are equivalent to the rights set out in the Regulations. Outside of the Regulations these non-EEA spouses of EU citizens fall to be considered under national measures under which they may fare better or worse than other migrants depending on the circumstances of their case.

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