Written answers

Tuesday, 1 December 2020

Department of Justice and Equality

Family Reunification

Photo of Neasa HouriganNeasa Hourigan (Dublin Central, Green Party)
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608. To ask the Tánaiste and Minister for Justice and Equality her plans to reassess the family reunification programmes here to provide for a refugee or a person eligible for subsidiary protection to apply for members of their family to enter and reside in the State; and if she will make a statement on the matter. [40251/20]

Photo of Helen McEnteeHelen McEntee (Meath East, Fine Gael)
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The International Protection Act 2015, brought about significant reforms to our international protection process. The most significant of these was the introduction of a single application procedure. By replacing the previous multi-layered and sequential process, the single application procedure brings certainty at a much earlier stage to those who qualify for international protection. In turn, this provides for timely reunification with immediate family members to support those granted international protection to begin their new lives here in Ireland.

The family reunification provisions under the 2015 Act apply equally to beneficiaries of both types of international protection: refugee status and subsidiary protection status and there are no economic conditions imposed on sponsors. The application must be made within 12 months of being granted international protection.

Under Section 56 of the 2015 Act, the following family members are eligible for family reunification:

Spouse - the marriage must have subsisted on the date the application for international protection in the State was lodged;

Civil Partner- the civil partnership must have subsisted on the date the application for international protection in the State was lodged;

Parent(s) and their children (under 18 and unmarried) if the sponsor was under 18 andunmarried on the date the application for family reunification in the State was lodged; and

A child of the sponsor, who is under the age of 18 and unmarried when the sponsor made an application for family reunification in the State.

Where an application for Family Reunification is granted, family members will be given permission to enter and/or reside in the State for not less than one year, provided the sponsor's permission is in force and the sponsor is entitled to remain in the State.

It also remains open to me to exercise my discretion under the Non-EEA Policy Document on Family Reunification to waive the economic conditions for sponsors applying for extended family members. My Department will continue to examine such applications on humanitarian grounds on a case-by case basis.

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