Not everyone is entitled to live/reside in Ireland. Non nationals are required to have permission to land or remain in the State.
Some groups are exempt, however, from immigration requirements:
1. Those with diplomatic immunity
2. Those with consular privileges
3. UK citizens
4. EU citizens
5. EEA (Norway, Iceland, Lichtenstein and Swiss Nationals)
6. Refugees
Applicable law
With regard to EU/EEA citizens and their family members the law is set out in EU Citizenship Directive 2004/38/EC (the “2004 Directive”) and the European Communities (Free Movement of Persons) Regulations 2015 (SI 548 of 2015).
Regarding UK Citizens and family members there is now, since Brexit, a change in the landscape and the Scheme in relation to non-EEA family members of UK citizens intending to reside in the State.
The Immigration Act 2004 is the main piece of legislation for entry and permission to reside in the State for Non EEA nationals. This act sets out a list of grounds (non exhaustive) on which entry may be refused by an immigration officer.
Administrative schemes published by the Department of Justice set out the circumstances in which the Minister may grant permission to a non-national to reside in the State under the 2004 act.
The principal scheme is the Policy Document on non-EEA family reunification.
Section 5(1) of the Immigration Act 2004 provides the requirement for a non-national to have permission to be in the State.
Presence in State of non-nationals.
5.—(1) No non-national may be in the State other than in accordance with the terms of any permission given to him or her before the passing of this Act, or a permission F11[given to him or her] after such passing, by or on behalf of the Minister.
(2) A non-national who is in the State in contravention of subsection (1) is for all purposes unlawfully present in the State.
(3) This section does not apply to—
(a) a person whose application for asylum under the Act of 1996 is under consideration by the Minister,
(b) a refugee who is the holder of a declaration (within the meaning of that Act) which is in force,
(c) a member of the family of a refugee to whom section 18(3)(a) of that Act applies, or
(d) a programme refugee within the meaning of section 24 of that Act.
Section 9 of the Immigration Act 2014 sets out the obligation on non-nationals to register with their local immigration officer. The non-national, if successful, receives an endorsement on their passport confirming the conditions of their permission and the period for which it is valid. This is known as a GNIB card-an Irish Residence Permit.
Registration in the Dublin can be done for the first time registration at the Department of Justice Immigration Service Delivery Registration Office, 13-14 Burgh Quay, Dublin 2.
Registration outside Dublin is usually done at a Garda Station and non-nationals must make an appointment and attend in person.
Certain non-nationals will not be allowed to register until they have made a formal application for residence permission to the Department of Justice, Immigration Service Delivery.
EU Citizens and their family members are covered by the European Communities (Free Movement of Persons) Regulations 2015 (SI 548 of 2015).
Family members can be divided into two categories:
1. Qualifying family members and
2. Permitted family members
Qualifying family members and permitted family members are defined in the European Communities (Free Movement of Persons) Regulations 2015 (SI 548 of 2015).
(5) For the purpose of these Regulations, a person is a qualifying family member of a particular Union citizen where—
(a) subparagraphs (a) and (b) of paragraph (1) apply, respectively, to the Union citizen and the person, and
(b) the person is—
(i) the Union citizens spouse or civil partner,
(ii) a direct descendant of the Union citizen, or of the Union citizens spouse or civil partner, and is—
(I) under the age of 21, or
(II) a dependent of the Union citizen, or of his or her spouse or civil partner, or
(iii) a dependent direct relative in the ascending line of the Union citizen, or of his or her spouse or civil partner.
(6) For the purposes of these Regulations, a person is a permitted family member of a particular Union citizen where—
(a) subparagraphs (a) and (b) of paragraph (1) apply, respectively, to the Union citizen and the person, and
(b) the Minister has, in accordance with Regulation 5, decided that the person should be treated as a permitted family member of the Union citizen for the purposes of these Regulations, which decision has not been revoked pursuant to Regulation 27.
These definitions have given rise to much case law around questions concerning “dependency”, “household” and “durable relationship” as these terms are not defined in the 2015 regulations nor in the EU directive from 2004.
The regulations provide that an applicant may remain in the State pending a decision on the application. So the non-national may reside in the State on a temporary permission pending the outcome of their residence application.
EU citizens and their family members have a right to permanent residence in the State if they have resided here in compliance with the 2015 Regulations for a continuous period of five years.
Applications from family members of EU citizens who want to reside in the State are governed by the principles set out in the 2004 directive and 2015 Regulations.
The forms to be used include
· Form EUTR1 for qualifying family members
· Form EUTR1A for permitted family members
· Form EU3 for an application for permanent residence
· Form EU4 for a review of any decision
UK nationals and family members
The Department of Justice has published a scheme regarding non-EEA family members of UK citizens seeking to reside in the State. A UK national may sponsor family members from Category 1 to Category 3 (below) to reside with them in the State.
This scheme has three categories of applicants:
- Category 1-spouse, civil partner or de facto partner
- Category 2-dependent child of sponsor, of spouse, of civil partner or of de facto partner
- Category 3-elderly dependent parents of sponsor, of spouse, of civil partner, of de facto partner
This Scheme sets out the criteria for both the sponsor and the applicant. These criteria include gross income requirements for the sponsor for the previous three years and police clearance certificate and private medical insurance for the applicants.
Successful applicants under the scheme will initially receive permission for a 12 month period to reside in the State on Stamp 4D conditions.
Pre-clearance applications must be submitted from outside the State and the applicant must stay outside the State when the application is being processed.
Non-EEA nationals remaining in the State
A non-EEA national or third country national needs permission to reside in the State.
Permissions are granted in different circumstances such as the non national having a valid employment permit, to study as an international student or the non-national is the parent of an Irish citizen child or the spouse, civil partner or de facto partner of an Irish citizen.
Check out IrishImmigraion.ie for more information. Permission is generally granted under the Immigration Act 2014 but there are other administrative schemes which may allow the granting of permission.
The IrishImmigration.ie website will have the latest information and schemes.
Check out the Policy Document on Non-EEA Family Reunification which explains the permission to reside in the State based on family relationships.