Dáil Éireann Debate, Wednesday - 6 April 2022
185. Deputy Bríd Smith asked the Minister for Justice her views on the right of family members of European Union citizens under European Union Directive 2004/38/EC to accompany an European Union citizen exercising their free movement rights in Europe; if this includes the right to accompany an European Union citizen to Ireland, for example, the spouse of the European Union citizen; and if she will make a statement on the matter. [18677/22]
View answerIn general terms, I can advise the Deputy that all EU citizens have the right to exercise free movement once they provide a valid passport or National I.D. card.
A spouse will have the same right if they are in possession of a valid residence card issued under Article 10 of the Directive 2004/38/EC. If they do not, they may be required to apply for a visa to enter the intended State.
If they are looking to exercise rights, under Directive 2004/38/EC, in Ireland, they will be required to provide a number of proofs to show that they qualify. These proofs are clearly identified in the Directive and are also available in Statutory Instrument. No. 548 of 2015. It is under this S.I. that Directive 2004/38/EC has been transposed into Irish law.
Applications from ‘qualifying family members’ are processed on an accelerated basis. While every effort is made to process these applications within a reasonable time frame, processing times will vary depending on the volume of applications, their complexity and the resources available.
Applications from ‘permitted family members’ are not subject to the accelerated process and may take considerably longer when the provision of additional documentation is requested or a detailed assessment is required.
Further details are available on my Department's immigration website at:
www.irishimmigration.ie/coming-to-join-family-in-ireland/
