Minor child of another eligible non-EEA sponsor

The dependent minor child under 18 and unmarried of a non-EEA/non-Swiss/non-UK national residing in Ireland, may apply to join their parent and reside in Ireland with them.

after they have been legally working in Ireland for a year

Non-Critical Skills Employment permit holders Independent Stamp 4 holders not covered by categories set out as above, who are eligible to sponsor a family reunification application. Those granted refugee status or subsidiary protection status in the State, who are resident in Ireland, will be considered as Category C sponsors where the application is regarding a relationship that formed after they entered the state. This will be subject to a minimum waiting period of 2 years from the date on which the sponsor was granted international protection, which cannot be waived.

Ineligible Sponsors: All other non-EEA nationals are not eligible for sponsorship, Including UK nationals— See here for separate scheme EU nationals exercising rights of free movement – See here for separate scheme Beneficiaries of people receiving temporary protection Refugees and beneficiaries of subsidiary protection Those in Ireland as students (except for those listed in Category B) Graduates under the Third Level Graduate Programme

7.21 A child is understood to be the biological child or step-child of the sponsor, or “adopted child” of the sponsor within the definition of section 18 of the Interpretation Act 2005.

7.27 A sworn affidavit from the non-sponsor parent is required in shared/joint custody arrangements.

1. The provision of DNA evidence in support of an application for family reunification may be proposed either by ISD or the applicant, where parentage is asserted on the basis of a genetic link to the child. 2. The provision of DNA evidence is not a mandatory requirement of an application.

10.13 In the case of family reunification with minor children, Category C sponsors must have a net income in the previous year in excess of that applied by the Department of Social Protection in assessing eligibility for the Working Family Payment (WFP) and the expectation must be that this level of income will be maintained

10.14 Category C sponsors must provide supporting documentation, such as an employment detail summary from revenue, confirming the length of the sponsor’s employment and their net salary, at the required level, for the previous tax year.

9.3 Category C sponsors must present documentary evidence that they can provide suitable accommodation for their family members, both in terms of its size in relation to the number of family members applied for and any other financial/housing obligations, without recourse to public funds.

1.8 Applications will not be accepted on behalf of family members already present in the State on a different permission (e.g. a student permission), or no permission, or as a visitor. 1.9 Each application will be considered as a joint application between the sponsor and any family members included in the application. Applicants are deemed to be on notice of all published criteria and the onus rests with the Applicant to produce all relevant and necessary documentation. Where applicants do not comply with the published requirements, there is no onus on the Minister to notify the applicants of such deficiencies prior to the issuing of their decision.

3.1 All applicants for family reunification must co-operate fully with the requirements of the application process. The degree of co-operation and the quality of material supplied in support of an application will have a bearing on the length of time it takes for a decision to be made and on the outcome of the application. 3.2 In that context, the sponsor/family member must provide sufficient documentary evidence/proof to satisfy the Minister: 3.2.1 As to the identity of the family member applied for; 3.2.2 As to the nature and genuineness of the family connection; 3.2.3 As to the nature and extent of the dependency between the family member and the sponsor; 3.2.4 That the sponsor will assume full responsibility to financially support the family member concerned, and that they have sufficient resources to do this; 3.2.5 Where appropriate, that the family member poses no risk to public health, public security or public policy and that the family member is of good character and conduct; 8|Page 3.2.6 Where adopted children15 are concerned, of the legality of the adoption in the country in which it is effected and that it is capable of lawful recognition in Ireland. 3.3 Where deemed appropriate, a statutory declaration or written commitment in relation to any of the matters listed above may be requested. 3.4 Applicants may be asked to provide any other information, documentation or evidence deemed necessary to enable a decision to be made. 3.5 Please note: 3.5.1 Applications for family reunification on behalf of visa required family members must be submitted prior to the family member travelling to Ireland, and non-visa required family members must inform immigration officers at the port of entry of their intention to apply for family reunification; 3.5.2 Applications will not be accepted on behalf of family members already present in the State on a different permission (e.g. a student permission), or no permission, or as a visitor; 3.5.3 Where a family member presents at the border and is not in compliance with the terms of this Policy, they may be refused leave to land in the State.

Appendix C – Immigration Permissions for Beneficiaries of Family Reunification Permission Received by Family Members Sponsor Spouse, Civil Partner and De Minor Children* Facto Partner* Dependent Adult Relatives Category A Stamp 4 Stamp 4 Stamp 0 Category B Investors and Entrepreneurs Stamp 4 Stamp 4 Stamp 0 Category B CSEP Holders, IntraCorporate Transferees, Researchers on Hosting Agreements, Full-Time Non-Locum Doctors Stamp 1G Stamp 1G Stamp 0 Category B PhD Students, KASP Holders Stamp 2A Stamp 2A Stamp 0 Category B Ministers of Religion Stamp 3 Stamp 3 Stamp 0 Category C GEP Holders Stamp 1G Stamp 1G Stamp 0 Category C Stamp 4 and Stamp 5 holders not covered above Stamp 3 Stamp 3 Stamp 0 *Spouses, civil partners, de facto partners and dependent minor children with at least 5 years of residence in the State as a dependant of a Category A, B or C sponsor, or whose sponsor naturalises while they are resident as a dependant of a Category A, B or C sponsor, may apply for a Stamp 4 permission at the next online renewal of their permission.

16. Independent permissions for family members 16.1 The residence of family members granted family reunification will be dependent on the continued residence and status of the sponsor. If the sponsor does not reside continuously in the State or leaves the State permanently, their dependent family member(s) must also depart. 16.2 A spouse, civil partner, de facto partner or dependent minor child may apply for an independent permission having resided lawfully in the State for at least five (5) years, or where their sponsor naturalises as an Irish citizen41. This should be done at the next online renewal of their permission.

7.4 In the case of an application for family reunification with an adult, the sponsor and the family member should both make a joint application. In the case of a child under the age of 18 and unmarried, the sponsor should make the application on behalf of the minor applicant.

41 Where the sponsor naturalises before you have spent at least 3 years in Ireland on a permission granted under this policy, you may still apply for a Stamp 4 permission but it will remain dependent on the continued residence and status of the sponsor and meeting all criteria of this policy.

Category B CSEP Holders, IntraCorporate Transferees, Researchers on Hosting Agreements, Full-Time Non-Locum Doctors Stamp 1G Stamp 1G Stamp 0