Disability Allowance Payments and the Financial Criteria for Sponsorship of Non-EEA Family Member Visas
We have recently been contacted by a number of disabled people who are unsure about their right to sponsor their spouse or children for a visa to join them in Ireland.
As of September 2024, there are no published guidelines available which would explain how disabled people are to overcome the financial thresholds and social welfare criteria set out by the Department of Justice in their “Policy Document on Non-EEA Family Reunification”.
This is wrong and should be corrected.
It is our opinion that as a matter of law and inclusive practice, the Department must make provision for people with disabilities when it comes to family reunification.
If you are unable to work due to a disability, or are in receipt of disability allowance or other social welfare payment, and you want to sponsor your wife, husband or children to come to Ireland, please contact Eoghan McMahon of this office to discuss your application.
Background
One of the guidelines in the Policy Document refers to the finances and earnings of the “sponsoring” family member in Ireland.
For Irish citizens sponsoring a spouse – the Department generally require that you have earned a minimum €40,000 gross over the two years prior to the application.
It is a higher figure if you are not an Irish citizen, or if you have children.
The Policy Document also infers that your application will likely be rejected if you are in receipt of a social welfare payment.
Whatever the logic is in including these criteria in the Policy Document, there is no provision made in the guidelines for those who are disabled – whether they are not in employment or sufficient employment to meet the earnings threshold, or who are in receipt of social welfare payments related to their disability.
This places an unjustifiable barrier in front of a significant number of disabled people.
McGrath Mullan are very happy to assist anyone who comes up against this difficulty. Please contact Eoghan McMahon through email at info@mcgrathmullan.ie or by phone at 01-8735012.