Charles Flanagan (Laois-Offaly, Fine Gael) | Oireachtas source

I speak on behalf of the Minister for Justice and Equality, Deputy Frances Fitzgerald, and thank the Senator for raising this issue. As the Senator will be aware, the Minister's predecessor published a detailed policy document on the matter of family reunification as it applies to non-EEA nationals at the end of last year. The document set out the various factors that arise in considering applications to come to Ireland from people whose families are already resident here, either as Irish nationals or lawfully present non-EEA nationals. The document emphasised the importance of striking a balance between the interests of the applicant family on the one hand and public policy on the other. Economic considerations are a key element of this and will inform immigration policy generally and also individual decisions made in respect of specific cases. This sort of consideration is common to all jurisdictions.
There are essentially two categories of family-related immigration. One is where the person wishes to come to Ireland and live with a family member. The other relates to visitors who wish to spend some time here with family and then return home. The policy document sets out in detail the conditions applicable to residence applications from family members, including dealing with the level of income the sponsor must have to support family. In effect, a green card holder or a full time non-locum hospital doctor can be joined immediately by his or her spouse or partner and children. There are more restrictive conditions applicable to cases where the residence application is in respect of elderly dependent relatives, in particular parents. The onus must be on the family to show that there is no viable alternative to the parents coming to Ireland to live. In reality, such alternatives are very often available, for example, where the parent has the financial resources to meet their needs and is physically capable of independent living; where other family members are in the country and capable of providing support or where home care can be funded by the Irish resident through remittances.
Visitors are limited to 90-days stay in Ireland. If they wish to stay longer than this and are permitted to do so they are required to register with the Garda National Immigration Bureau, GNIB. This becomes a form of temporary residence. This scenario may arise in family cases where a parent wishes to spend a number of months here, following the birth of a grandchild, for example. It is also recognised that family members embarking on a long journey may not be able to do so very often and may wish to spend an extended period in Ireland.
The policy document indicated that consideration will be given to establishing a form of immigration status that would make it easier for visitors to obtain an extension of their stay - for example to 180 days - without conferring either residency rights or any expectation thereof. The status would be that of extended visitor and the holder would have no entitlements to State services, irrespective of the duration of the stay. While the policy document indicated that legislative change might be required to cater for this form of status and that work still needs to be done in this regard, there is scope within the current system for allowing stays of more than 90 days but with a requirement to register with the GNIB.
If the Senator has a case in mind - and his contribution indicates that he does - it would be advisable for the person seeking to come to Ireland on an extended but finite visit to indicate this clearly when applying for a visa and also to communicate this at the point of entry to the immigration officer on duty. A key factor in any decision is that the visa or immigration officer is satisfied that the applicant will return home at the end of the period indicated. In that respect, the authorities also have to be satisfied that the person will not be a burden on the State in terms of health, welfare or both.
I am informed that the Irish Naturalisation and Immigration Service is happy to discuss specific cases with the Senator and to advise him as to the available options. Where cases have special humanitarian aspects, these will always be considered in an appropriate manner and in that respect the Senator is invited to make such details known to the Immigration Service so that matters may be advanced.
I thank Senator Burke for raising this issue.