Richard Boyd Barrett (Dún Laoghaire, People Before Profit Alliance)
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363. To ask the Tánaiste and Minister for Justice and Equality if she would consider allowing all individuals who have had a stamp 3 visa for over two years, and are in a dependent relationship with an individual who has a Stamp 4 visa, to apply for a Stamp 4 visa even if this relationship is not a relationship that is ‘similar to marriage’; and if she will make a statement on the matter. [39978/24]

Helen McEntee (Meath East, Fine Gael)
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Stamp 3 permission may be granted in a range of scenarios where a non-EEA/Swiss/UK citizen has permission to reside in the State but is not permitted to work or engage in any business, trade or profession. Stamp 4 permits the holder to work without an employment permit, or to establish and operate a business. Stamp 4 also allows the holder to access state funds and services as determined by Government departments or agencies.

Persons granted stamp 3 can include volunteers with charities, ministers of religion, or certain dependants joining family members under the non-EEA Family Reunification policy. As set out in that policy, people who are in a dependent family relationship that is not based on marriage, civil partnership, or a de facto relationship (i.e., a relationship “akin to marriage”) can include persons aged under 18; under the age of 23 and in full-time education; or over the age of 18 and dependent on the care of their sponsor in Ireland due to a serious medical or psychological condition that makes independent life in the home country impossible.

In each case, the sponsor must be an Irish citizen or qualifying resident in the State for the applicable period of time to permit family reunification under the policy. The applicants must have normally lived together as a family unit and not live separately or apart on a permanent basis. Given that the status of family members in this category is based on their dependence on their sponsor, stamp 3 rather than stamp 4 is the appropriate residence permission to maintain the important principle that sponsors bringing dependents into Ireland should not have recourse to public funds for those dependents.

In all cases where an individual has spent two years on a stamp 3 permission, this does not in itself constitute grounds to apply for a stamp 4 permission. Stamp 3 holders may apply to change their immigration status if their circumstances, or those of their sponsor, change. Information on how a person can change their status and the criteria is available on the website of the Immigration Service of my Department at: www.irishimmigration.ie/registering-your-immigration-permission/changing-your-immigration-permission/

The Policy Document for Non-EEA Family Reunification, which was last amended in 2016, is currently under review. The review is examining a wide range of matters relating to applications for family reunification. My expectation is that the review will be brought to conclusion in the coming months.