Dáil Éireann Debate, Wednesday - 24 October 2012
185. Deputy Catherine Murphy asked the Minister for Justice and Equality if there are any circumstances under which the non-EEA national spouse of a naturalised Irish may only be awarded a stamp 4 residence stamp instead of a stamp 4 EU FAM residence stamp; and if he will make a statement on the matter. [46605/12]
View answerI am informed by the Irish Naturalisation and Immigration Service (INIS) that a non EEA national married to an EU citizen is registered with a stamp 4 EU FAM. A non EEA national married to an Irish national is registered with a Stamp 4. The non-EEA spouse of an EU citizen exercising EU Treaty rights in accordance with the European Communities (Free Movement of Persons) Regulations 2006 and 2008 (the Regulations) has his or her application for residence dealt with under those Regulations. In the event that they are considered to be a family member of an EU citizen and provided they meet the requirements of the Regulations, they may be granted a a stamp 4 EU FAM.
The relevant EU instrument in this area is the EU Directive 2004/38/EC on the rights of citizens of the Union and their family members to move and reside freely within the territory of the Member States (Free Movement Directive) which only applies to EU nationals who exercise free movements rights by moving to another EU Member State other than that which they are a national of, to work or be self-employed or has sufficient resources or study with private medical insurance for himself/herself, his or her spouse, and any accompanying dependants. It does not therefore apply to an Irish citizen who remains in Ireland or who has not exercised their EU Treaty Rights previously in another EU Member State. In such circumstances, a non-EEA national spouse who wishes to reside in the State on the basis of their marriage to an Irish national should make an application for permission to remain in the State in accordance with Irish immigration law as the spouse of an Irish national. Such applicants, where successful, are granted a stamp 4.
If there is a particular case the Deputy has in mind the query may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy's view, inadequate or too long awaited.
