Dáil Éireann Debate, Tuesday - 25 February 2014
553. Deputy Tom Fleming asked the Minister for Justice and Equality his views on correspondence (details supplied) regarding his Department's policy document on non-EEA family reunification and the persons issue with Article 17.2, social welfare not being a reckonable income and the contradiction of new policy with Article 41.3 of the Irish Constitution; and if he will make a statement on the matter. [9620/14]
View answerI refer the Deputy to my reply to Parliamentary Question No. 207 of 20 February 2014 as set out below. The position remains the same. I should also point out that the policy applies only to future applications for family reunification. Persons already having residence permission on that basis are not impacted and the new arrangements are without prejudice to the rights of foreign nationals to apply for residence in their own right, for instance as workers or students.
Reply to Parliamentary Question No. 207 of 20 February 2014
The intention of theses guidelines is to provide greater transparency and more comprehensive and consistent standards in respect of applications where non-EEA nationals seek to come to live in Ireland on the basis of their relationship with an Irish citizen or with another non-EEA national entitled to reside here.
As the Deputy will appreciate, even if his correspondent does not, this issue must be considered in the wider context of public policy and must strike a fair balance between the sometimes competing interests of the individual and society in general. One of the key principles underpinning this balance of interests is that family reunification should not cause an undue burden on the public finances. The financial capacity of the sponsor is an important condition for family reunification and the guidelines also place greater emphasis on the question of dependency. It is not credible that a person who is unable to support him/herself without assistance from the State can adequately fulfil the role of sponsor nor is it reasonable to assume that in the absence of such capacity, the State should undertake to do so from the public purse.
This is a fundamental principle not alone in Ireland but throughout the EU and indeed in all countries which operate sensible policies and priorities in this regard.
