Written answers

Wednesday, 31 January 2007

Department of Justice, Equality and Law Reform

Residency Permits

8:00 am

Paul McGrath (Westmeath, Fine Gael)
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Question 269: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if private medical insurance is now a prerequisite when applying for the certificate of registration in cases of a non-EU national married to an EU national residing here. [1285/07]

Paul McGrath (Westmeath, Fine Gael)
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Question 270: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if private medical insurance is required not only for an applicant, but for the entire family of a non-EU national who is applying for a certificate of registration within the State. [1286/07]

Paul McGrath (Westmeath, Fine Gael)
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Question 271: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if private medical insurance is required for a non-EU citizen who is married to an Irish citizen and applies for a certificate of registration. [1287/07]

Paul McGrath (Westmeath, Fine Gael)
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Question 272: To ask the Tánaiste and Minister for Justice, Equality and Law Reform if a non-EU citizen residing here becomes unemployed, are they liable to pay for private medical insurance for themselves and their family; and if he will make a statement on the matter. [1288/07]

Photo of Michael McDowellMichael McDowell (Dublin South East, Progressive Democrats)
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I propose to take Questions Nos. 269 to 272, inclusive, together.

Foreign nationals granted residence in the State should be able to support themselves without becoming a burden on the State's resources. Different conditions may be applied to different categories of foreign nationals depending on their residence status.

In general, non-European Economic Area (EEA) nationals lawfully employed or self-employed in the State are not expected to have private medical insurance to cover themselves in the event of illness, although there is nothing to prevent the application of this condition where it is considered necessary with reference to the circumstances of the individual's case.

The position in regard to a non-EEA national married to an EU citizen is set out at Regulation 6(2) of the European Communities (Free Movement of Persons) (No. 2) Regulations 2006 which transposed the Free Movement of Persons Directive from 2004. EU citizens are not required to have private medical insurance where they are workers or self-employed in the State. However, they are expected to be in a position, whether through employment or otherwise, that they can support their spouse and dependant family members without being an undue burden on the State. Therefore, while it is not prescribed, evidence of medical insurance may serve to provide assurances as to their financial self-sufficiency.

A non-EEA citizen who is not economically active, e.g. a student or a retired person, would normally be required to have private medical insurance while they are present in the State.

A non-EEA worker who becomes unemployed would be expected to seek and obtain other lawful employment if they wish to remain in the State. During a short period of seeking employment it would not be expected that he/she would have private medical insurance.

In regard to a non-EEA citizen who applies for residence on the basis of his/her marriage to an Irish national, it should be noted that there is no automatic entitlement to residence in the State on the basis of marriage to an Irish national. However, having private medical insurance is not one of the requirements considered when assessing an application for permission to remain in the State from a non-EEA citizen who is married to an Irish national.

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