Dáil Éireann Debate, Wednesday - 6 February 2013
176. Deputy Eoghan Murphy asked the Minister for Justice and Equality if his attention has been drawn to certain residency, work-related issues, arising for immigrants from non-EEA countries (details supplied). [6280/13]
View answerThe qualifying criteria for a de facto partnership is fully detailed on the Irish Naturalisation and Immigration Service website, (www.inis.ie). In the circumstances set out in the Deputy's Question, the Irish national and her non-EEA national partner must demonstrate that they are in a relationship for two or more years to quality for de facto status. If granted this would give the non-EEA national the right to work in the State without a work permit.
Similar to immigration systems worldwide, public policy in respect of rights of residence and access to the labour market is formulated taking into account the prevailing economic and labour market conditions which in the case of Ireland remain extremely challenging. Therefore, in circumstances where unemployment remains high, together with the need to maintain the integrity of the immigration system, the qualifying criteria for a de facto partnership is necessary to ensure that the granting of defacto status is only given to persons who are in a genuine and subsisting relationship. The absence of such criteria would create conditions where immigration controls could be easily evaded. This would do a great disservice to all genuine applicants, which I have no doubt would include the persons referred to by the Deputy.
I can assure the Deputy that the immigration service makes every effort to facilitate the de facto family to live together; however, for the reasons outlined the granting of de facto status must be subject to criteria and conditions. I believe these are appropriate and fair, particularly when considered in the context of the right to work in the State without a work permit which the granting of such status extends. Any other system would be amenable to abuse and would place unsustainable pressures on the employment and related welfare systems.
