1. This petition is intended to highlight the arbitrary criteria set for dependent family members of Non-EEA nationals / Irish Citizens.

2. A number of cases involving non- EEA national sponsors have raised concerns related to the VISA requirements for their dependent family (parents).

·        The time taken for the VISA approval process

·        The permitted Stamp 0 VISA is just for 1 year 

·        Finally, the high set of annual income standard. 

3. These guidelines set as per the policy document on non-EEA family reunification, is impractical in all the above-mentioned ways. As this type of migration, on the other hand, is extremely difficult and is subject to many significant restrictions, along with lengthy wait times.

The idea for such guidelines should be for non-EEA national lawfully resident in the State to want his or her elderly parents to live with them in order to ensure their well-being as they age and to enrich family life in general.

Thus, not the mere basis of emotional or financial aid. 

 

4. The State has already stated that the burden of proof to sponsor and care for the dependent family falls entirely on the sponsor, not the State. As a result, if the sponsor is willing and provides reasonable documents to provide for the dependent family, the application must be considered entirely without any unreasonable limitations.

As of now, the requirement set for “the sponsor to have earned in Ireland an income after tax and deductions of not less than 60 000 euros in the case of one parent and 75 000 euros in the case of two parents in the three years preceding the application”, is entirely unreasonable.

This is because half the non-EEA nationals are on Stamp 1 and Stamp 4 that includes the Critical Skilled workers and Frontline workers. Their earnings are less than the set of income standard.

Therefore, the standard of income set should be reduced to a minimum of 40,000 euros. 

 

6. The guidelines set by the Irish government is inapt considering the international examples set by countries like Australia, United Kingdom, New Zealand and Canada. 

That is to state, Australia in line provided in its Subclass 804, allows aged parents who are on temporary visa to live in Australia permanently if their child is an Australian Citizen, permanent resident or eligible New Zealand citizen who is settled in Australia. 

At the same time Canada provides Super Visa for parents and grandparents who arrive as visitors to the family and this valid up to 2 years, and permanent family class scheme enables parents and grandparents to immigrate to Canada to their family.

United Kingdom provides a VISA as long as their family member remains there, and New Zealand allows the dependent family to able to live permanently.  

In all these provisions, the purpose is to reunite the immigrated citizens and permanent residents with their close family. Therefore, it’s time for Ireland to consider the requirements set for the dependent family VISA criteria and status. 

The added guidelines should be for the beneficial of the citizens and not to cause distress.  

7. Therefore, the request is to re-consider the guidelines and set a permanent and well-planned solution-

In light of the above, I call upon the Minister of Justice / Irish Dáil to kindly consider to,

·        Increase Stamp 0 Visa to 2-years in line with Canadian Super Visa 

·        Reduce the income standard to 40,000€

·        Remove the criteria stating emotional and financial provisions

·        Reduce the waiting period for Stamp 0 Visa 

 

In doing so, the Non-EEA citizens shall be allowed to provide a better environment for their family and thus, the State is liable to better the family reunification settings.