Robert Troy
Question:157. Deputy Robert Troy asked the Minister for Justice if she will address a matter regarding the case of persons (details supplied). [24484/20]
View answerThursday, 17 September 2020
Questions (157)
Written answers
From the information provided, the person referred to cannot be identified by the Immigration Service of my Department with any immigration related application or process. However, some general information is provided below, which may be of assistance.
If the parent concerned has received either a declaration of refugee status under the Geneva Convention; programme refugee status; or is a beneficiary of subsidiary protection status in Ireland they may be eligible to apply for their child to join them here by making a Family Reunification application under the provisions of the International Protection Act 2015. Applications must be made within 12 months of receiving one of the above declarations in writing to:
Family Reunification Section
Irish Naturalisation and Immigration Service,
13-14 Burgh Quay,
Dublin 2.
If the parent concerned is not eligible for Family Reunification under the International Protection Act 2015, they can apply for a “Join Family” long stay visa if the child wishes to remain in the State for more than 90 days. Comprehensive guidelines for all types of visa applications are published on the website of the Immigration Service (www.inis.gov.ie). The guidance for a visa for the purpose of joining family members residing in Ireland refers applicants to the Policy Document on Non-EEA Family Reunification. The criteria set out in that policy is used in assessing both visa applicants for this type of visa and any subsequent residence application should the person's visa application be successful.
Section 18.7 of the Policy Document outlines the rationale for the approach adopted and the reasons why persons coming on a visitor visa are not permitted, once here, to overstay or turn a short stay into more permanent residency. Applications for long-stay visas for the purpose of joining with family require more detailed consideration than those of short stay visits as there is a requirement for the applicant to show that they can be supported without undue reliance on the State. For this reason, such applications made after the person has arrived in the State having obtained a visa for a different purpose, i.e., a short visit, is not permitted.
The Policy Document on Non EEA Family Reunification, is available at: http://www.inis.gov.ie/en/INIS/Family%20Reunification%20Policy%20Document.pdf/Files/Family%20Reunification%20Policy%20Document.pdf.