Family Reunification

Family Reunification for Irish Citizens

Family Members of EU Citizens

Family Reunification for non-Irish and non-EU citizens

Family Reunification for Irish Citizens

When a person moves to a new country this can sometimes mean joining family or friends, but nearly always means leaving loved ones behind. Whether a partner, child, parent or sibling, sometimes people in Ireland will seek to have a family member join them in the State. Your rights and entitlements are different depending on the circumstances of both the person in Ireland and the person hoping to move here.

This section provides information about bringing family members into Ireland if the person already in the country is an Irish citizen. If the person in Ireland is an EU citizen please see here, or if they are not an Irish or an EU citizen, please see here.

Do Irish citizens have automatic permission for family reunification?
Applications for family reunification from Irish citizens are subject to a decision-making process set out in the Non-EEA Policy Document on Family Reunification. If your family member is not yet in Ireland, family reunification can occur from outside the State through a ‘D Visa’ application. If your family member is already within the State you can make the application to INIS; these are categorised depending on the nature of the family relationship (spouse, child, parents etc).

What you need to qualify
In considering applications for family reunification, the financial circumstances of the sponsor will be considered as well as the type of family member who wishes to reside in the State. Irish citizens wishing to apply for family reunification for spouses/children are required to have earned not less than €40,000 over the previous three years combined prior to the application and not to have been reliant on state benefits for two years prior to the application. Irish citizens wishing to apply for elderly dependent parents must have earned €60,000 for one parent or €75,000 for both parents after tax for each of the previous three years. There is also a requirement to provide detailed documentary evidence of the relationship history and dependency.

How to apply
‘D Visa’ applications are made online through the INIS website, and are sent to the local embassy where the family member resides. All original and supporting documentation must be sent within 30 days of the date of submission of the D Visa. Processing times vary depending on the nature of the application. Visa decisions are issued every Tuesday morning on the INIS website.

If your D Visa application is refused you are entitled to receive an explanation in writing and you have the right to appeal any refusal within two months of receiving the refusal letter. When you are granted a D visa you may then be allowed to enter the State and can book an appointment through INIS website to register your permission to remain if you live in Dublin or through your local Immigration Officer if you live outside Dublin.

Applications for permission to remain with Irish citizen family members can also be made from within the State. Spouses of Irish citizens, parents of Irish citizens and De Facto Partners of Irish citizens can apply for permission to remain by completing the application forms found on the INIS website, and are also subject to the guidelines as set out in the Non-EEA Policy Document. If successful, the family member will be issued with a letter granting them permission to remain from the Minister for Justice & Equality. You can then book an appointment through INIS website to register your permission to remain if you live in Dublin or through your local Immigration Officer if you live outside of Dublin.

What happens if your application is not successful?
If your application is refused you also have the right to appeal that decision within two months of receiving the refusal letter. For further detailed information please contact our Immigration Helpline.

Family Members of EU Citizens

This section provides information about bringing family members into Ireland if the person already in the country is an EU citizen.

Do European citizens have automatic permission for family reunification?
EU Citizens who are exercising their free movement rights having moved to Ireland have a legal right to apply for family members to join them in Ireland. EU Citizens exercise their free movement rights in the State by working, being self-employed, in vocational studies or being self-sufficient.

What you need to qualify
Family members of EU Citizens are divided into qualifying and permitted categories. Qualifying family members include spouse/civil partner, children, grandchildren, parents and grandparents. Permitted family members include de facto partners, dependent family members, and members of the EU citizen household or dependent family members on medical grounds. Visa-required family members must apply for an entry visa into the State. Visa applications can be made online through the INIS website.

How to apply
When the family member is in the State with the EU Citizen, an application for a residence card can be made through the EU Treaty Rights Section of INIS. Qualifying family members are required to complete an EUTR1 form. Permitted family members are required to complete an EU1A form. Each application for a residence card requires supporting documentation to prove the family relationship/dependency and the EEA national exercising their free movement rights in the State.

How long does it take?
Applications for a residence card are supposed to be decided within six months, but there have been significant delays and are taking six to 10 months to process. The Minister for Justice & Equality may issue a temporary Stamp 4 residence permission to the family member while awaiting the outcome of the application. If the application for a residence card is successful the Minister shall issue a letter granting the family member a residence card (Stamp 4EUFAM) for a period up to five years. Residence Card holders can travel between European member states without the requirement of a visa when accompanied by their EU citizen family member.

What if something goes wrong?
A family member may in very specific circumstances retain their right of residence if the EU citizen dies, leaves the State or obtains a divorce/annulment. A family member may also retain the right of residence if they have been the victim of domestic abuse. An application for retention of a residence card (EU5) would be made in those circumstances.

Longer term residency
If the EU citizen continues to exercise their free movement rights after five years of residence the family member may apply for permanent residence by completing an EU3 application form with documentary evidence confirming the requirements for permanent residence have been established. If granted permanent residence the family member retains the right of residence for a period of 10 years.

What happens if your application is not successful?
If an application for a residence card is refused the family member may seek a review of the decision by completing an EU4 application form explaining why there was an error in fact/law.

If a family member of an EU citizen has been refused residency after a review they may be subject to a removal order/deportation. It is important that you obtain legal advice if you find yourself in that situation.

For further detailed information please contact our Immigration Helpline.

Family Reunification for non-Irish and non-EU citizens

This section provides information about bringing family members into Ireland if the person already in the country is not an Irish or an EU citizen.

Do non-European citizens have automatic right to family reunification?
Your right to family reunification will depend on the nature of your own legal residence in the State. EEA nationals and persons granted refugee status or subsidiary protection in the State have a legal right to family reunification for certain family members. Someone from outside Europe who has permission to remain in the State may also be entitled to family reunification for particular family members.

Family Reunification for Refugees/Subsidiary Protection Beneficiaries

Your rights
If you have refugee status or subsidiary protection in the State, you have a legal right to family reunification with certain members of your family under the International Protection Act 2015. You can be reunified with your ‘nuclear’ family, which consists of your wife/husband/civil partner (once the marriage/civil partnership began prior to the application for protection) and any children under the age of 18. Persons granted refugee status or subsidiary protection in the State, who themselves are minors, are entitled to be reunited with their parents and minor siblings.

When and how to apply
Applications can only be made within the first 12 months of being granted refugee status/subsidiary protection. Applications can be made for family members who are outside the State or from within the State. Refugees/Subsidiary Protection beneficiaries write to the Family Reunification Section of INIS requesting to apply for family reunification for the specific family member. You are then asked to complete a family reunification questionnaire and provide supporting documentation.

What happens next?
Applications for family reunification take between 12-14 months on average. If successful the family member will be required to apply for a visa to enter the State and may be required to apply for a travel document if necessary. A visa application can be made online at the INIS website which is processed quickly. When the family member arrives in the State they can then register their permission to remain in the State by booking an online registration appointment in Dublin or by attending their local Immigration office if they live outside Dublin.

Family Reunification for other Non-EEA nationals

A non-EEA national who has permission to remain in the State may also be entitled to family reunification for particular family members. The Non-EEA Family Reunification Policy Guidelines outlines the different categories of non-EEA nationals who are entitled to family reunification and the family members who they may apply for reunification.

Category A sponsors (Critical Skills permit holders, researchers) are required to maintain their permission in order to qualify for family reunification as there is an assumption they satisfy the financial requirements. Category B sponsors must show a minimum earning of €30,000 after tax for the previous two years. The figure increases depending on the number of children.

For further detailed information please contact our Immigration Helpline.

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