Dáil Éireann Debate, Tuesday - 21 June 2005
508 Mr. Stanton asked the Minister for Justice, Equality and Law Reform, further to Question No. 643 of 14 June 2005, if he will allow the spouse of a person (details supplied) to join them; and if he will make a statement on the matter. [21304/05]
Amharc ar fhreagraThe visa application in question was for the purposes of allowing the wife of a non-EEA national employed in the State under the employment permit scheme to travel to the State to reside with him. When assessing applications of this type, the visa officer considers, among other factors, whether the level of salary of the worker comes within the ambit of qualifying for payment from public funds. In this regard, the criteria set by the Department of Social and Family Affairs for eligibility for family income supplement payment are used as a guideline. If the level of the worker's income as evidenced by his or her payslips or P60 would qualify for family income supplement payments, the application for a visa is generally refused, as in this case. Having reference to the relevant criteria, the applicant's husband did not demonstrate that he was in a position to support his wife fully without recourse to public funds. The application was refused on 24 February 2005.
An appeal was received in respect of the application on 4 May 2005, accompanied by additional documentation, including a P60 for 2003. However, a P60 was also submitted for 2004 covering just 18 weeks of employment. It was not clear why it did not cover the full year as the applicant's husband stated that he is in full-time employment. As the additional documentation did not fully address the concerns of the visa officer, the application was refused on appeal on 6 May 2005. As each application is entitled to just one appeal, no further action in respect of this application can be facilitated. It is still open to the person to submit a fresh application for a visa. Any such application should be accompanied by appropriate up-to-date supporting documentation that addresses the concerns of the visa officer.
