Campaigns 
Family Reunification
Friday, 03 September 2010
Since the ICI first opened, we have taken enquiries from migrants and Irish citizens about how they and their family members can overcome obstacles to living together in Ireland.
In fact, enquiries about family reunification and family unity have consistently been among the top 10 types of enquiry dealt with by our Information and Referral Service and our Legal Service.
The absence of coherent legislation, in conjunction with policies and procedures that are governed predominantly by ministerial discretion, has resulted in this area becoming one of the most difficult to navigate within Ireland’s immigration system.
The ICI’s family reunification and family unity campaign has encompassed advising and assisting service users; formally representing clients in their interactions with the Department of Justice and Law Reform, in some cases leading to representation at High Court level; producing research pieces and accessible information resources for migrants; and building the capacity of other organisations to advise their clients on the issues.
Through our work in this area, the ICI has played a key role, directly or indirectly, in progress that has been made, such as the introduction of residence permits on the basis of de facto relationships, the introduction of the Irish Born Child 05 scheme, the introduction of spousal dependent employment permits and improvements to the level of information posted to the Irish Naturalisation and Immigration Service (INIS) website. The ICI has joined forces with other organisations to develop regular policy discussion and clarification forums with INIS and the Garda National Immigration Bureau to discuss issues that have emerged with service providers.
The reversal of the Government’s former position on recognising the EU Treaty Rights of non-EU citizens married to EU citizens represented a significant milestone in the ICI’s campaign on family reunification. Had the Government’s position – that residence permits would be denied to these non-EU citizens spouses if the couple had not lived together in another EU Member State before coming to Ireland - persisted, thousands of families in the State would have remained in legal limbo, unable to establish residency rights and potentially facing the deportation of a family member in the future. In addition, the Irish Government would have remained in breach of EU law.
The Government changed its position after High Court Challenge and the court’s reference of the matter to the European Court of Justice for a clarification. The European Court of Justice clarified in July 2008 that Ireland’s transposition of the EU Free Movement Directive had been incorrect.
However, new issues continue to emerge.
The ICI provides information and support and, at times, legal representation, for clients who are trying to reunite or remain together in Ireland as a family unit.
ICI response to Green Paper on Family Reunification 2012
Publication: Briefing Paper on Reverse Discrimination, March 2010