Ireland: Changes to Family Reunification Rules

Category C Sponsor types and minor children financial threshold requirements.

·       General Employment Permits (GEP) are included in Category C, along with other permit types.

·       Category C sponsors must now demonstrate net pay of EUR 36,660 per year to sponsor a single child. This figure will increase with each subsequent child. Other changes for Category C sponsor types include revisions to the rules on necessary supporting financial documents.

·       No financial thresholds will apply to the new Category B sponsors e.g., Critical Skills or ICT Employment Permit holders, among others (no change).

As a result of these reforms, more GEP holders may now fall short of the required income to sponsor dependents. Family reunification plans may need to be adjusted: while employers may experience retention challenges, as family reunification becomes impossible or prohibitively expensive for certain employees.

More restrictive rules for dependent adult children.

·       Dependent adult children seeking to reside in Ireland on the grounds of family reunification must now establish they are wholly dependent on the care of their parent or parents in Ireland due to a serious medical or psychological condition that makes independent life unsustainable. In addition, sponsor’s minimum annual gross salary requirements (which also apply to other adult dependents, e.g., elderly parents) have been introduced.

·       Previously, dependent children in full time education could potentially join their family in Ireland up to age 23 and no medical/psychological dependency was required.

·       Ineligible applicants may now need to consider alternative immigration pathways in Ireland (for instance, a student permit).

·       “Wholly dependent” has a very high threshold. The dependent must a) not be able to care for themselves without the assistance of the sponsor due to either serious medical or psychological reasons; and b) there must also be no other family members outside of Ireland who can take care of the dependent.

·       Given the threshold is much higher than the previous requirement, many families who previously relied on education status to secure reunification will no longer meet the dependency definition. This may result in unanticipated family separation, and many families may need to consider alternate family routes.

Suitable accommodation as well as proof of employment and income.

·       Suitable accommodation. Family reunification sponsors must now demonstrate that suitable accommodation is available for dependent family members (details of what is considered suitable have not yet been announced). Previously, this was only required for dependent elderly relatives.

·       Proof of employment and income. There is also the possibility that authorities may again start requiring proof of employment duration and income from sponsors. The previous policy did not practically implement this in respect of certain sponsors (e.g., CSEP/ICT holders). These latest reforms impose this requirement, suggesting the possibility that it will be practically implemented across the board.

This change will make applications more burdensome (more documents and increased preparation time), and may require some applicants to change their accommodation situation.

Stamp 4 permission.

·       Dependents can now obtain a Stamp 4 permission (a non-sponsored, long term residence permit) once their sponsor has obtained Irish citizenship.

·       Previously, such dependents would need to have resided in Ireland for at least five years before being eligible.

This rule will make it easier for dependents to obtain a stronger immigration status, promoting greater family stability and retention.