Kara Sears
Irish citizens do not have an automatic right to family reunification with non-EEA family members. If you are an Irish citizen, your brother-in-law would be classed as a non-EEA adult individual and would not have an automatic right to join you in Ireland. However, there are options for sponsoring a non-EEA family member to join you in Ireland. You can apply for family reunification, but this is subject to a decision-making process set out in the Non-EEA Policy Document on Family Reunification. If your brother-in-law is already in Ireland, you can make the application to the INIS, and they will categorize it depending on the nature of your family relationship. If your brother-in-law is not yet in Ireland, family reunification can occur through a 'D Visa' application. Another option is to establish a business in Ireland and support your brother-in-law with a work permit.
| Characteristics | Values |
|---|---|
| Can an Irish citizen sponsor a non-EEA brother-in-law? | No automatic right to family reunification. |
| Sponsoring a non-EEA family member | Requires a visa or preclearance. |
| Sponsoring a non-EEA de facto partner | Requires a visa or preclearance. |
| Sponsoring a non-EEA spouse | Requires a visa or preclearance. |
| Sponsoring a non-EEA parent | Requires a visa or preclearance. |
| Sponsoring a non-EEA child | Children under 16 do not need to register with ISD. Children between 16 and 18, or under 23 and in full-time education, must register with ISD if they are not Irish, British, Swiss, or EEA citizens. |
| Sponsoring a non-EEA family member as a UK citizen | Requires a visa or preclearance. UK citizens can act as sponsors. |
| Sponsoring a non-EEA family member as an EEA citizen | EEA citizens have a legal right to apply for family reunification. |
| Sponsoring a non-EEA family member as a refugee or person with subsidiary protection | Has a legal right to family reunification. |
| Sponsoring a non-EEA family member as a Swiss citizen | Swiss citizens have a legal right to apply for family reunification. |
| Sponsoring a non-EEA family member as a non-European citizen | The right to family reunification depends on the nature of legal residence in the state. |
| Sponsoring a non-EEA family member as an EU citizen | No application is required for family members who are also EU/EEA, Swiss, or UK citizens. |
| Sponsoring a non-EEA family member as an Irish citizen | Requires an income of at least €40,000 over the previous three years. |
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What You'll Learn
- Irish citizens cannot automatically sponsor non-EEA family members
- Non-EEA family members of Irish citizens must apply for residence
- Non-EEA family members of Irish citizens may need a visa
- Non-EEA family members of Irish citizens may need preclearance
- Non-EEA adult siblings of Irish citizens may apply as permitted family members
Irish citizens cannot automatically sponsor non-EEA family members
Irish citizens do not have an automatic right to family reunification with non-EEA family members. This means that if your brother-in-law is a non-EEA national, you cannot automatically sponsor them to join you in Ireland. However, there are still options for family reunification, and the specific process will depend on factors such as your relationship with your brother-in-law, their current location, and your immigration status.
If your brother-in-law is already in Ireland, you may be able to request a change of status and apply for residence permission from the Immigration Service Delivery (ISD). If they have a deportation order, they will need to apply for a revocation before a residence application can be considered. If your brother-in-law is not yet in Ireland, they will typically need to apply for a D visa before travelling to the country, unless they are from a country that does not require a visa. Once in Ireland, they can apply for residence based on their relationship with you.
As an Irish citizen, you may be able to sponsor your brother-in-law's application for residence in Ireland, but this will depend on the nature of your relationship. Immediate family members, such as spouses, de facto partners, and minor children, are generally given priority for family reunification. If your brother-in-law is an adult, as in the case mentioned in one source, they may be considered a non-immediate family member, which could make reunification more difficult.
If your brother-in-law is a non-EEA national, they must meet specific requirements to qualify for residence in Ireland. They must demonstrate that they are financially dependent on you and provide detailed documentary evidence of your relationship history. Additionally, as the sponsor, you will need to show that you have sufficient earnings to support them. The exact amount required will depend on your specific circumstances, but in some cases, you may need to show earnings of at least €40,000 over the previous three years.
It is important to note that the process for family reunification can be complex and may vary depending on individual circumstances. While Irish citizens cannot automatically sponsor non-EEA family members, there are still options available for reunification. Consulting official sources and seeking legal advice is recommended to navigate the specific requirements and procedures.
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Non-EEA family members of Irish citizens must apply for residence
Irish citizens do not have an automatic right to be joined by family members if they are non-EEA nationals. If your brother-in-law is a non-EEA national, they must apply for residence in Ireland.
If your brother-in-law is already in Ireland, you may be able to request a change of status and apply for residence permission from the Immigration Service Delivery (ISD). If they have a deportation order, they will need to apply for a revocation before a residence application can be considered. If not, they will generally need to apply for a D visa before they can come to Ireland unless they are from a country that does not require a visa.
If your brother-in-law is outside of Ireland, family reunification can occur through a D Visa application. If they are already within the State, you can make the application to the Irish Naturalisation and Immigration Service (INIS). These applications are categorized depending on the nature of the family relationship (e.g., spouse, child, parent).
As a sponsor, you will be required to show that you have sufficient income to support your brother-in-law. You will also need to provide detailed documentary evidence of your relationship history.
If your brother-in-law is your dependent, they may be able to apply as a permitted family member of an EEA national. You can also establish a business in Ireland and support your brother-in-law with a work permit. However, this option is costly and may not be feasible unless there is a genuine family business opportunity.
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Non-EEA family members of Irish citizens may need a visa
Irish citizens do not have an automatic right to be joined by family members if they are non-EEA nationals. Non-EEA family members of Irish citizens may need a visa to enter Ireland.
If the non-EEA family member is already in Ireland, you may be able to request a change of status and apply for residence permission from the Immigration Service Delivery (ISD). If your family member has a deportation order, they will have to apply for a revocation before a residence application can be considered. If not, your family member will generally need to apply for a D visa before they can come to Ireland unless they are from a country that does not require a visa.
If your non-EEA family member is your spouse, they should make an appointment with the immigration authorities to apply for residence as your spouse. If your spouse lives in Ireland but does not have permission to live there, they must make an application to ISD. This also applies if your spouse is an international protection applicant. If your spouse is a de facto partner, they must apply for a visa or preclearance before coming to Ireland.
If your non-EEA family member is your parent, you will be required to show that you have earnings (after tax and deductions) of €60,000 per annum for one parent and €75,000 per annum for both parents for each of the three previous years. Any independent income your parents have can be used to offset the financial limits. You must also provide detailed documentary evidence of your relationship history and your parents' dependence on you. If your parents are already in the state, you may make an application for residence from Ireland.
If your non-EEA family member is your child, they do not need to register with ISD if they are under 16. If they are between 16 and 18, or under 23 and in full-time education, they must register with ISD if they are not Irish, British, Swiss, or EEA citizens.
If your non-EEA family member is your brother, they would be classed as a non-EEA adult individual and do not have an automatic right to join you. If your brother is an adult dependent, he may be able to apply as a permitted family member of an EEA national. Another option is to establish a business in Ireland and support your brother with a work permit.
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Non-EEA family members of Irish citizens may need preclearance
Irish citizens do not have an automatic right to be joined by family members if they are non-EEA nationals. Non-EEA family members of Irish citizens may need to apply for preclearance before coming to Ireland. This depends on the nature of the family relationship.
Spouses of Irish citizens, parents of Irish citizens, and de facto partners of Irish citizens can apply for permission to remain by completing application forms on the INIS website. They are also subject to the guidelines set out in the
If your non-EEA family member is already in Ireland, you may be able to request a change of status and apply for residence permission from the ISD. If your family member has a deportation order, they will have to apply for a revocation before a residence application can be considered. If not, your family member will need to apply for a D visa before they can come to Ireland unless they are from a country that does not require a visa.
If your non-EEA family member is not yet in Ireland, family reunification can occur from outside the State through a 'D Visa' application. If your family member is already within the State, you can make the application to INIS. These applications are categorized depending on the nature of the family relationship (spouse, child, parent, etc.).
In considering applications for family reunification, the financial circumstances of the sponsor will be considered, as well as the type of family member who wishes to reside in the State. Irish citizens wishing to apply for family reunification for spouses/children are required to have earned not less than €40,000 over the previous three years combined before the application and not to have been reliant on state benefits.
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Non-EEA adult siblings of Irish citizens may apply as permitted family members
Irish citizens do not have an automatic right to be joined by family members if they are non-EEA nationals. If the family member is already in Ireland, you may be able to request a change of status and apply for residence permission from the Immigration Service Delivery (ISD). If your family member has a deportation order, they will have to apply for a revocation before a residence application can be considered. If not, your non-EEA family member will generally need to apply for a D visa before they can come to Ireland unless they are from a country that does not require a visa.
If your non-EEA family member is already resident in Ireland (for example, if they have a student visa), they should make an appointment to go to the immigration authorities to apply for residence as the sibling of an Irish citizen. If your sibling lives in Ireland but does not have permission to live there, they must make an application to the ISD.
The eligibility criteria to act as a sponsor do not guarantee that the non-EEA national's application will be granted. The authenticity of the relationship between the sponsor and the applicant must be demonstrated. The sponsor must also show that they have the capacity to support the family member financially for the duration of their proposed stay in Ireland.
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Frequently asked questions
An Irish citizen does not have an automatic right to family reunification with a non-EEA brother-in-law. However, they may be able to sponsor them for a visa or residence permit, depending on their financial circumstances and the nature of the family relationship.
The non-EEA brother-in-law must apply for a visa or pre-clearance before travelling to Ireland. They should check if they need a visa or if they are eligible for the pre-clearance scheme. If they require a visa, they should apply for a long-stay (D) visa.
The Irish citizen sponsor will need to show that they have sufficient income to support their non-EEA brother-in-law. The exact amount required may vary, but it should be at least €40,000 in total for the three years before the application, excluding any social welfare payments.
The sponsor will need to provide detailed documentary evidence of the relationship history and the non-EEA brother-in-law's dependence on them. The authenticity of the relationship must be established, and it must be shown that the relationship includes face-to-face meetings and is not solely online or via telephone.
Yes, one alternative option is for the Irish citizen to establish a business and support their brother-in-law with a work permit. However, this option can be costly and may not be feasible unless there is a genuine family business opportunity.
