Written answers

Tuesday, 30 September 2014

Department of Justice and Equality

Visa Applications

Photo of John HalliganJohn Halligan (Waterford, Independent)
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266. To ask the Minister for Justice and Equality the position in respect of visa entry to Ireland to a non-EU national who is married to an Irish citizen (details supplied); and if she will make a statement on the matter. [36915/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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The general position is as set out in the Policy Document on Non-EEA Family Reunification published by my predecessor on 31 December 2013.

An Irish citizen, in order to sponsor an immediate family member to come to Ireland, must not have been totally or predominantly reliant on benefits from the State for a continuous period in excess of two years immediately prior to the making of the visa application and must, over the three year period prior to the application, have earned a cumulative gross income over and above any State benefits of not less than €40k. The onus is on the applicant to satisfy the immigration authorities as to the level of earnings or financial resources and to provide any evidence required in support of the application. Such economic considerations are a necessary part of family reunification policy in order to ensure that the public purse is not unduly burdened.

I have also been advised by my colleague the Tánaiste and Minister for Social Protection that the one-parent family payment (OFP) is a payment for persons who are bringing up a child or children without the support of a partner. In order to be eligible for this payment, the person must first meet certain qualifying conditions, satisfy a means test, and be habitually resident in the State. In general the OFP payment is payable to persons who are widowed, separated or divorced, unmarried (including a person whose marriage has been annulled or whose civil partnership has been dissolved), or whose spouse is imprisoned. Jobseeker's allowance is a means-tested payment made to people who are unemployed and who satisfy the conditions of being available for and genuinely seeking work. I am advised that significant numbers of persons with dependent children satisfy these requirements.

In the absence of specific information it is not possible to provide a more comprehensive reply. Could I suggest that the Deputy forward the details of the case in questions to the INIS Oireachtas Mail facility so that a more substantive response can be provided.

Photo of Robert DowdsRobert Dowds (Dublin Mid West, Labour)
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267. To ask the Minister for Justice and Equality if there are any conditions under which South Americans who previously lived here on a Stamp 1 visa may return to live here permanently. [36999/14]

Photo of Frances FitzgeraldFrances Fitzgerald (Dublin Mid West, Fine Gael)
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Non-EEA nationals who wish to reside in the State may only do so on the basis of a valid application for immigration permission under one of the immigration streams operated by my Department (work, study, family reunion etc). Whether previous legal residence in the State will have a bearing on that application will depend on the nature of the individual case.

In the absence of more substantive information and in order to come to a definitive position, I would suggest the Deputy forwards the details of the particular case via the INIS Oireachtas mail facility.

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