Dáil Éireann Debate, Tuesday - 11 June 2013
659. Deputy Robert Dowds asked the Minister for Justice and Equality if he will outline the rules regarding joint spouse/joint parent visas for persons who are resident here on Stamp 4 visas; and if permission for family reunification will be granted in such a case if the person resident here was earning over the family income supplement level for their family size. [27129/13]
View answerWhile substantial numbers of persons hold Stamp 4 permissions and such persons are entitled to work without a permit there is no standardised entitlement to Irish residence for their family members. Each case is examined on its merits and, where the person is visa required, this is done as part of the visa process. For example, one of the issues to be considered is the potential for the individual or family members to be, or to become, a burden on the State and the family income supplement provides some guidance on this. However other factors also have to be considered.
People who currently hold stamp 4 permission may have attained this status through a variety of routes and not all cases would have the same claim on family reunification. At one end of the scale are refugees whose spouse and children are entitled to family reunification in accordance with the Refugee Act 1996. At the other end there may be cases where the grant of Stamp 4 permission to an individual was expressly on the basis that it conferred no entitlement or legitimate expectation of family reunification. There are also cases involving workers with employment permits who now hold stamp 4 permission. Family reunification was generally available to employment permit holders either immediately or after one year.
My Department is currently working on a comprehensive policy document that will include guidelines on all of the main issues including eligibility, dependency, the financial resources necessary to support a dependant and any requirements the person seeking entry must meet. It should also be noted that our existing policies in respect of certain classes of migration compare very favourably with many other jurisdictions. Moreover, in devising guidelines in this complex area, regard must be had to the existence of the Common Travel Area and its provisions in relation to the ease of movement between Ireland and the UK.
