The Irish Constitution, in Article 41, protects the rights of the family for all citizens present in Ireland. Migrants have varying rights to family reunification depending on their immigration status. European Economic Area (EEA) and Swiss nationals are allowed to be joined in Ireland by certain members of their family which are: their spouse; children under 21, and over 21 if they are classed as dependent; their children’s spouses; dependent parents and grandparents and their spouse; and other dependent relatives and their spouse.

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The Irish Constitution, in Article 41, protects the rights of the family for all citizens present in Ireland. Migrants have varying rights to family reunification depending on their immigration status. European Economic Area (EEA) and Swiss nationals are allowed to be joined in Ireland by certain members of their family which are: their spouse; children under 21, and over 21 if they are classed as dependent; their children’s spouses; dependent parents and grandparents and their spouse; and other dependent relatives and their spouse. This is defined in the European Communities (Aliens) Regulations (1977). Those entering for the purpose of family reunification with EEA and Swiss nationals are entitled to seek employment or education on the same basis as Irish citizens.

Non-EEA or Swiss nationals are only entitled to family reunification if they are able to financially support their family members without requiring access to public funds. If workers are from States from which a visa is required they are generally not allowed to be joined by family until they have been in Ireland for a year and have a further 12 month contract.

Refugees may apply for family reunion under section 18 of the Refugee Act (1996). The application should be made to the Minister of Justice and is then referred to the Refugee Applications Commissioner who notifies the United Nations High Commissioner of Refugees. The Refugee Applications Commissioner will investigate the application and make a report to the Minister of Justice on the relationship between the refugee and the person for whom the application is made. The Minister of Justice will then grant entry to the family members in written form if he is satisfied with the application. Refugees may be joined by their spouse; if they are under 18, by their parents; their children if they are under 18 and unmarried; other dependents such as, a brother, sister, parent, grandparent, or any other dependent who suffers from a mental or physical disability which makes it unreasonable for them to maintain themselves. Entry of dependents is at the discretion of the Minister of Justice. Family members are entitled to the same rights and privileges as refugees.

Persons granted Leave to Remain do not have a right under legislation to be joined by their family members. They are however generally allowed to be joined by immediate family members such as their spouse and minor children. The definition of family members that would be applied would be similar to that applied to refugees. They may also make applications for other dependents, however the Minister for Justice has complete discretion in the making of such decisions. In order to apply for family reunification the person making the application must apply to the nearest Irish Consulate or Embassy. The person making the application is then informed in writing of the outcome of the application. Persons who are married to or the parent of an Irish citizen may apply for Leave to Remain if they are already in the Republic of Ireland, those married to a EU citizen may also apply.

The Minister of Justice also considers the issues listed under section 3(6) of the Immigration Act 1999 before making deportation orders which include, family or domestic circumstances.

Analysis provided by: Anisa Niaz LLM (Public Law), United Kingdom.

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