Dáil Éireann Debate, Thursday - 6 March 2014
181. Deputy Noel Harrington asked the Minister for Justice and Equality if a non-EU citizen married to an EU citizen over 15 years prior to the introduction of the European Communities (Free Movement of Persons ) Regulations 2006 and 2008 and living in Ireland with their spouse for this period is subject to these regulations or the previous regulations regarding an application for residency; and if he will make a statement on the matter. [11353/14]
Amharc ar fhreagraI noted that the Deputy has not disclosed precise details of all the circumstances in respect of the persons concerned. All third country nationals who enter the State are obliged to comply with the national immigration laws of the State at the time of arrival in the State. However, if it is the case that the person in question does not currently have permission to reside in the State, it is open to that person to lodge an application to reside in the State as the spouse of an EU citizen in accordance with the provisions of S.I. No. 656 of 2006 European Communities (Free Movement of Persons) (No. 2) Regulations 2006 (as amended) and Directive 2004/38/EC of the European Parliament and of the Council of 29 April 2004 on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States.
There are many routes through which Union citizens and their family members can acquire residence rights, including permanent residence, in the territory of a Member State other than the Member State of which they may be a national. While not entirely without any conditions or restrictions Community law gives a wide discretion to Union citizens in terms of establishing such rights. This is inevitably linked to the particular circumstances of the person concerned or their family members.
In the circumstances, it is not possible to be prescriptive in any individual case without knowledge of the full facts of the case. If the Deputy forwards these to me I will arrange for them to be considered and will revert to him.
Queries in relation to the status of individual immigration cases may be made directly to INIS by e-mail using the Oireachtas Mail facility which has been specifically established for this purpose. This service enables up to date information on such cases to be obtained without the need to seek information by way of the Parliamentary Questions process. The Deputy may consider using the e-mail service except in cases where the response from INIS is, in the Deputy’s view, inadequate or too long awaited.
