Overview of Conditions of the Scheme
Conditions of the Scheme for the sponsor
The following matters will be taken into account:
- Overall immigration history of the sponsor
- The financial capacity of the Sponsor to support the applicant
- The Sponsors conduct and particularly whether the sponsor had come to the adverse attention of and Garda Siochana or the Immigration Authorities
- The genuineness of the relationship between the applicant and the sponsor
Financial Criteria of the Sponsor
The financial resources of the Sponsor must not have been totally or predominantly reliant on social Protection benefits in the State or the equivalent to social protection in another State for continuous at least two years prior to the application.
The Immigration Service Delivery have set out the following criteria in relation to the Finances of the Sponsor:
The sponsor must have earned a gross income in each of the 3 previous years in excess of that applied by the Department of Social Protection (DSP) in assessing eligibility for Working Family Payment (WFP). The WFP does not apply in the case of a married couple, civil partner / de facto partnership where there are no children and consequently a minimum level of assessable income for couples without children is €20,000 per annum, over and above any entitlement to State benefits.
A sponsor who wishes to reside with their dependent children in the State requires the net assessable income per week for their family size as set out by the Department of Social Protection (DSP) in assessing eligibility for the Working Family Payment, as published on that Department’s website. The sponsor should comply with those limits including with respect to any changes to the WFP as published at (http://www.welfare.ie/en/Pages/Working-Family-Payment-Op.aspx.)
The Immigration Service Delivery have set out the following table for illustrative purposes, and noting that they are subject to continual change, the limits are set out below:
It should be noted that evidence of having maintained a family member in a country that has a comparatively low level of per capita income is not of itself an indicator of the capacity of the sponsor to provide for the family member if that person is permitted to reside in the State in circumstances where living costs are higher in this jurisdiction.
The expectation is that this minimum level of income will be maintained for the duration of any permission granted under this Scheme and that the non-EEA national family member(s) will not become an unreasonable burden on the State. Where such income levels are not maintained, permission may not be renewed under the Scheme.
In this regard, at the date of application the sponsor is also required to show that he/she is capable of earning a sufficient level of income to support his/her dependent family members for the duration of their proposed residence in the State. Under this Scheme, the applicant and sponsor must provide evidence of expected earnings through employment, self-employment etc.
Declared and verified savings by the sponsor and/or the applicant may be taken into account in assessing cases that do not meet the income thresholds. The Department may annualise the savings as income spread over a 5-10 year period. Alternatively, a nominal income may be determined based on the amounts involved.
The onus is on the applicant to satisfy the Minister as to the level of earnings and to provide documentary evidence if requested.
Overview of Conditions for the applicant
- The applicant mut have an adequate policy of medical insurance for the duration of their residence in Ireland for Private Healthcare including for any period of hospitalisation in a private hospital
- The applicant must provide a police Clearance Certificate which is valid within the past 6 months for each Country in which they have resided within the past 5 years
Applications for spouses, civil partners or de facto partners of British Citizens to reside in Ireland
The spouse, civil partner or de facto partner must be at least 18 years of age at the time of his / her application for family reunification.
A general principle that applies to immigration related decision-making is that marital relationships or those involving civil partnerships must be monogamous, freely entered into by both parties, lawfully conducted and recognised under Irish law. The marriage/partnership must also be capable of recognition under Irish law for other purposes outside of the immigration system.
Cases involving de facto relationships must be exclusive for the full duration of the qualifying period. Prior to the application under this Scheme, de facto partners must have cohabited in a relationship akin to marriage for a minimum period of two years prior to the application for family reunification.
For marriage or civil partnership, no minimum duration of marriage/civil partnership is required.
It should be noted that a commitment is required from both parties that they will reside together permanently in the State as spouses, civil partner or de facto partners immediately following the outcome of a successful application under this Scheme or as soon as circumstances allow. A declaration to this effect forms part of the application process.
For immigration purposes, a person may be considered the de facto partner, opposite or same sex partner, of another person if:
- they have a mutual commitment to a shared life to the exclusion of all others akin to a marriage or civil partnership in practice though not in law,
- the relationship between them is genuine and continuing,
- they live together or do not live separately and apart on a permanent basis, for two years prior to the application.
- they are not related by
The applicant must be in a position to provide evidence of a genuine, long-term, durable relationship.
Contact Sinnott Solicitors Dublin and Cork today for more information on conditions of the scheme. Call us on +353 1 406 2862 or email firstname.lastname@example.org.