Oireachtas Joint and Select Committees

Thursday, 29 November 2018

Joint Oireachtas Committee on Foreign Affairs and Trade, and Defence

Returning Irish Emigrants: Discussion

9:00 am

Mr. Richard King:

No, he has not. The Senator may have touched on some of the concerns of the immigration services regarding how policies and legislation are implemented. The rules regarding EU citizens are based on a European directive which has been implemented here in a particular fashion. The extension of the rights afforded to EU citizens to returning Irish emigrants could be addressed in policy and would not require legislation or a statutory instrument. In fact, many of the immigration systems are not underpinned by legislation. The EU system is being applied here and derives from the directives. Fundamentally, the rationale is that the immigration services cannot give an Irish citizen a higher status than an EU citizen. In this case, returning Irish citizens have a lower status. There is no impediment to a very simple policy change such that applicants for that type of permission be granted temporary status to allow them to work while awaiting a grant of permission. That would not require a statutory instrument as INIS has the power to implement that policy. I do not know what the problem is in that regard. It may be that INIS perceives that the floodgates would be opened in terms of de facto partners of Irish citizens who are already in Ireland. I do not think that would manifest as an issue.

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