Dáil Éireann Debate, Wednesday - 30 January 2013
155. Deputy Clare Daly asked the Minister for Justice and Equality if he will consider altering the criteria for non-EEA citizens to join the workforce here with regard to considering work permits in the de facto visa status. [4694/13]
Amharc ar fhreagraBefore being granted immigration permission to enter the workforce, persons in a "de facto" relationship must be able to satisfy the immigration authorities that the partnership is genuine and durable and that the partners are residing, or intending to reside, as a family unit in the State. The required duration of the relationship is two years in the case of a person who is the partner of an Irish/EEA national and four years where the partners are both non EEA nationals. A de-facto partner of an Irish citizen or of an EU national who is exercising rights of free movement and who meets the eligibility criteria as to duration of relationship receives an immigration permission that allows them to work without requiring an employment permit.
Where both parties are non-EEA nationals the immigration permission granted to the partner of the person already lawfully in the State, is that of dependent with an immigration stamp 3. This status does not exempt them from the requirement to hold an employment permit but they would be able to obtain one if they meet the conditions set out by the Department of Jobs, Enterprise and Innovation. There is a balance to be struck between facilitating the de facto family to live together while also ensuring that immigration of this nature is not used as a means of circumventing immigration law requirements, or labour market law and public policy in this area.
