Dáil Éireann Debate, Tuesday - 28 January 2014
571. Deputy Nicky McFadden asked the Minister for Justice and Equality when the new policy guidelines on family reunification will be brought into law; if it is possible to apply for family reunification before the new law is put in place; if persons who have ongoing applications for subsidiary protection are also permitted to apply for family reunification; and if he will make a statement on the matter. [3576/14]
View answerThe Policy Document on Non-EEA Family Reunification, which was published at the end of 2013 is not a legal document but rather a comprehensive statement of immigration policy. It applies to matters of family reunification in areas where Ministerial discretion is retained and sets out the policy choices applicable to such cases. Legislation is not required in order to implement this policy.
The policy document contains a combination of guidelines to be applied to individual cases and also a series of intended administrative measures (for example the creation of a central case processing unit to deal with all family reunification cases, the introduction of fees and application forms etc.). The guidelines applicable to individual cases can be applied immediately and will inform decision making, whereas the administrative changes will take time to implement and the application process is unchanged for the present. An application for family reunification involving the parents of an Irish citizen would be considered in accordance with the guidelines laid down in the policy document (for instance as regards the financial resources of the sponsoring Irish national and the need for private health insurance). The parties should consult the guidelines to see if they would appear to qualify.
With regard to the entitlement of persons with pending applications for Subsidiary Protection to apply for family reunification under the new guidelines, there is nothing to prevent such an application.
