Ireland's immigration legislation has introduced new standards. The government, led by Minister for Justice, Home Affairs and Immigration Jim O'Callaghan, has approved new policy and legislative changes to strengthen Ireland's immigration and asylum system to ensure it is law-based , efficient and compatible with a number of EU member states. These reforms include a comprehensive review of family reunification policies, developed in conjunction with Minister Colm Brophy.
Key aspects:
- Changes to the legislation will ensure that family reunification is only allowed in cases where those granted international protection status can demonstrate that they have sufficient resources to support their family members.
- Residents of international protection accommodation facilities must make a financial contribution towards their accommodation.
- Additional powers to revoke refugee status if a person is found to be a danger to the security of the state or has been convicted of a serious crime.
- Tighten citizenship criteria and introduce a requirement for applicants to be self-sufficient to ensure clear guidance in applying good character qualifications.
- Residency requirements for people granted international protection before applying for citizenship will be increased from three years to five years.
- The revised policy document will help tighten the current policy on family reunification for non-European Economic Area (EEA) residents, reduce the waiting period for those on General Employment Permits, and allow 16-18 year olds to work.
- Applicants for citizenship must be self-sufficient and must not have received certain social protection payments in the two years prior to submitting the application.
Revised policy on non-EEA family reunification
Minister Jim O'Callaghan has received government approval from Minister of State for Migration Colm Brophy to publish the Family Reunification Review, which explains how Irish citizens and most non-EEA Irish residents (excluding most international protection beneficiaries or EEA citizens) can apply to bring family members to live in Ireland .
The policy sets out the criteria for those wishing to bring family members from outside the European Economic Area (EEA) to Ireland, which have remained largely unchanged for a decade. Most of the changes in the review will take effect immediately.
The revised policy will continue to allow Irish citizens and eligible non-EEA citizens and their immediate non-EEA family members (spouse, partner, children under 18) to join, but stricter restrictions will be placed on other family members. People sponsoring applications will need to demonstrate that their family members have the financial means to come to Ireland.
Applications must be submitted while family members are out of the country, and an application fee will be imposed.
Some sponsors will also introduce new conditions over time to ensure that their family has suitable private accommodation before they arrive in Ireland.
International protection
Family reunification is possible under Section 56 of the International Protection Act 2015, and it allows people who have been granted international protection status to apply to be joined by certain family members in the state.
In order to move closer to some EU member states, it has been proposed to amend the law to ensure that anyone who has been granted protection under the law is not eligible to apply for family reunification if they are not financially self-sufficient. Such applicants will not be eligible to apply if they have received certain social welfare payments or have a debt to the state within three years of being granted protection.
The provisions of the 2015 Law on Family Reunification implement EU Directive 2004/83/EC, which contains provisions for maintaining family unity. These provisions are under review in the context of reforms in asylum and immigration policies and the implementation of the EU Migration and Asylum Agreement.
Citizenship
Currently, there is an application fee of €175 and a certification fee of €950 following a positive decision. The state has not increased the fee for naturalization applications since 2011. This fee will be reviewed in the light of changes undertaken by other EU countries.
It has also been proposed to amend the law to remove the residency approach for naturalisation purposes for those residing in Ireland on temporary permits, including time spent in the state.
This is the aim of this revised policy. This will help ensure that their families do not become a burden on the state.
Speaking about the Family Reunification Review, Colm Brophy, Minister of State for Migration, said:
Today's announcement is a new step in ensuring that our immigration system is fair and law-based. It is essential that when non-EEA family members come to the State to join someone who is already legally here, they receive adequate support without the help of State funds, which was a key aspect of the review.
It is crucial to have a comprehensive immigration policy to ensure that this system is not abused, and that people who wish to move to Ireland do so using the legal means available.
Policy review on non-EEA family reunification
The Non-EEA Family Reunification Policy sets out how Irish citizens and non-EEA Irish residents (not including beneficiaries of international protection or EEA citizens) can apply to bring family members to live in Ireland.
The first outcome of the review was accelerated and came into effect on 15 May 2024. It extended the right to work without the need for a work permit to eligible spouses and partners of general employment permit holders and intra-corporate transferees who have been granted family reunification under the policy.
The department has now completed a comprehensive review of the policy, which was last amended in 2016, and several key changes will take effect immediately.
All General Employment Permit holders will be converted to Category C. The income threshold for sponsors remains unchanged. They must have a gross income of €30,000,
For minor children to be eligible for a visa, C sponsors need to maintain the same Working Family Payment (WFP) income threshold as they were last year. This could increase from January 2026. Children aged 16-18 will be eligible for a 1G visa if they are granted a visa for family reunification. Work permit.
General work permit holders will have a 12-month waiting period, but they can apply with only one year of income. Previously, 2 years of income had to be shown in the application.
Other changes
- Tightening the existing policy on how and when the Minister can waive certain criteria in exceptional circumstances.
- General and Critical Skills Employment Permits allow dependents of holders aged 16-18 to work.
- The effective waiting period before applying is reduced by reducing the requirement for financial documents from two years to one year, to match the one-year waiting period before applying for general work permit holders.
- Independent permits (Stamp 4) for spouses, civil partners, de facto partners and minor children after the sponsor has become an Irish citizen.
- Applications for adult dependent family members will be limited to parents and adult children with serious health conditions who cannot live independently. The income threshold for sponsoring such dependent applications has been increased to €92,789, and this will increase each year. The sponsor must have an income of €125,390 for 2 people and €157,992 for 3 people.
The policy will be subject to ongoing review, as it is necessary to address long-term issues such as adjusting income thresholds, reducing waiting periods before applying, and introducing application fees.
Key sponsorship criteria
There must be a valid and genuine family relationship between the sponsor and the family member, and this relationship must involve dependency.
The sponsor and family member must be eligible under the policy, which is usually limited to nuclear family members (spouses, civil partners, de facto partners, and dependent minor children). To sponsor a spouse or partner, an Irish citizen must have earned a gross income, in addition to state benefits, of not less than €40,000 over the three-year period preceding the application.
The income limit does not apply to people on employment permits with higher salary limits, such as Critical Skills Employment Permits.
General Employment Permit holders must have a gross annual income of more than €30,000 to sponsor a spouse or partner. They are also subject to a one-year waiting period to ensure that their family is well settled in Ireland before they can join them.
New requirements will be introduced over time for sponsors to have suitable accommodation for their family members, to submit all applications (including family members who do not require a visa) while the family members are out of state, and to pay the application fee.
For more information
https://www.gov.ie/en/department-of-justice-home-affairs-and-migration/press-releases/
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