Spouse visa

magram985

Hi I need your help .I'm naturalized Irish citizen and I would like my wife to join me in ireland but I'm on disability allowance and disablement pension I dont know if I'm qualified or not .. I work in Ireland for a 12 years before my occupational injury and left my job I have a 2 bedrooms mortgage in Dublin .. any advice will help please

JennyZ

Speak with your local Citizen Advice Centre as a first start.

Boards.ie: Niamh

Moved to Legal Discussion.

osarusan

All of the 2016 Family Reunification Policy document will be relevant and needs to be read.



Given your current stats on different allowances, I think that, financially, this is a relevant paragraph:

Where Sponsor is Irish Citizen
17.2
An Irish citizen, in order to sponsor an immediate family member, must not have been totally or predominantly reliant on benefits from the Irish State for a continuous period in excess of 2 years immediately prior to the application and must over the three year period prior to application have earned a cumulative gross income over and above any State benefits of not less than €40k.

I don't know if exemptions are made for those on disability allowances.

Silas

osarusan wrote: »

All of the 2016 Family Reunification Policy document will be relevant and needs to be read.



Given your current stats on different allowances, I think that, financially, this is a relevant paragraph:



I don't know if exemptions are made for those on disability allowances.

There is a Parliamentary Question issued in 2014 and answered by the then Minister for Justice that addresses this issue - https://www.kildarestreet.com/wrans/?id=2014-12-09a.507&s=%22disability+allowance%22+%22family+reunification%22#g508.q

In general, the sponsor must be in a position to support such family members by not having been reliant on State benefits from the Irish State for a continuous period in excess of two years immediately prior to the application. Disability allowance payments are excluded from such a requirement. Since it must be assumed that such benefits recognise a lack of capacity to otherwise earn a living, the end result would be that a person on disability benefit could never benefit from family reunification. This would be unfair. Therefore, persons receiving disability benefits are considered eligible sponsors, subject of course to meeting any other necessary requirements. Furthermore, financial capacity is just one of the conditions that is considered when making a determination on a family reunification application and the circumstances of the parties concerned are considered in the round on a case by case basis.

osarusan

Silas wrote: »

There is a Parliamentary Question issued in 2014 and answered by the then Minister for Justice that addresses this issue - https://www.kildarestreet.com/wrans/?id=2014-12-09a.507&s=%22disability+allowance%22+%22family+reunification%22#g508.q

In general, the sponsor must be in a position to support such family members by not having been reliant on State benefits from the Irish State for a continuous period in excess of two years immediately prior to the application. Disability allowance payments are excluded from such a requirement. Since it must be assumed that such benefits recognise a lack of capacity to otherwise earn a living, the end result would be that a person on disability benefit could never benefit from family reunification. This would be unfair. Therefore, persons receiving disability benefits are considered eligible sponsors, subject of course to meeting any other necessary requirements. Furthermore, financial capacity is just one of the conditions that is considered when making a determination on a family reunification application and the circumstances of the parties concerned are considered in the round on a case by case basis.

Thanks, good news for the OP on that front.