On 12 June 2026, the Department of Justice, Home Affairs and Migration published an updated Policy Document on Non-EEA Family Reunification. One of the questions we are asked most often at McGrath Mullan LLP is whether a person living in Ireland can bring an elderly mother or father to join them here. The short answer is that it remains possible, but it is one of the most demanding applications in the Irish immigration system. Below we set out what the new policy requires.

A separate category with stricter rules

Dependent parents are not part of the “nuclear family” for the purposes of the policy. Spouses, civil partners, de facto partners and unmarried children under 18 fall into that group. Dependent parents form their own category and are expressly subject to more rigorous requirements and checks, both as to dependency and as to the sponsor’s finances.

Who can sponsor, and when

• Irish nationals (Category A) — no waiting period; an application can be made at any time.

• Category B sponsors (including Critical Skills Employment Permit holders, researchers on hosting agreements, intra-company transferees, investors and entrepreneurs, PhD students, full-time non-locum doctors) — while their nuclear family can accompany them on arrival, an application for a dependent parent can only be made after two years in the State on an eligible permission.

• Category C sponsors (General Employment Permit holders, Reactivation Employment Permit holders, and Stamp 4 holders not otherwise covered) — five years in the State on an eligible permission.

Sponsors who hold a declaration as a refugee or beneficiary of subsidiary protection are now treated as Category C sponsors where they are eligible to apply under this policy, subject to a minimum two-year period from the date international protection was granted, which cannot be waived.

The dependency test

The policy defines dependency as ongoing financial support from the sponsor, on a continuous basis, together with clear evidence of ongoing social support. For an adult relative, a higher standard applies. In practice the Minister must be satisfied that:

• the parent is not a person of independent means;
• the dependency is long term and sustained, was already in existence before the application, and has continued while the parent lives abroad;
• without the sponsor’s financial and social support, independent living at a subsistence level in the home country would be impossible — often, though not only, because of a serious medical or psychological condition, which must be evidenced by official verifiable medical documentation;
• the dependency is genuine and was not created in order to facilitate migration.

Decision-makers will look closely at whether other family members remain in the country of origin who could provide support instead. It is also expressly stated that maintaining a parent in a country with low living costs is not evidence that the sponsor can maintain that parent in Ireland.

Financial thresholds

The sponsor must have earned income in Ireland in each of the previous three years, gross, above 185% of average yearly earnings for one relative and 250% for two, rising for each additional relative. These figures are index-linked to CSO average earnings data and are updated annually. For 2026, the published thresholds are:

Two further points are often overlooked. First, only the income of one sponsor is assessed — a couple cannot combine their earnings. Second, the same thresholds apply again at each renewal of the parent’s permission, so this is a long-term commitment, not a one-off test.

Where the parent has a guaranteed future income such as a pension, this can offset part of the threshold. That said, a parent with sufficient personal income for their own needs may not be regarded as a dependant at all, so this point requires careful handling.

Stamp 0 must be applied for first

Under the new policy, dependent parents must apply to Immigration Service Delivery for Stamp 0 before the family reunification application is made, and this must be done from outside the State. Applications are not accepted on behalf of family members already in Ireland on another permission, on no permission, or as visitors. Stamp 0 is a limited permission: it does not permit work or business, and, unlike the position for spouses and minor children, it does not lead to a Stamp 4 after five years’ residence.

Conditions attached to a grant

If the application is approved, the following will apply:

• the parent must hold private medical insurance at or above the level of private healthcare in a private hospital, regardless of any entitlement to State-funded services;
• the sponsor must sign a legal undertaking accepting complete personal financial responsibility and agreeing to reimburse any State funds availed of. A statutory declaration or a financial bond may also be required;
• detailed evidence of suitable accommodation appropriate to the parent’s needs must be provided.

Separately, sponsors in all categories must not be living in homeless or other State-funded emergency accommodation, IPAS accommodation, social housing or local authority housing, and receipt of a social housing support such as HAP may mean the requirements are not met. A sponsor who has been mainly reliant on State supports for a continuous period of two years or more immediately before the application will not qualify.

Exceptional circumstances, refusals and appeals

The Minister may in rare and exceptional cases waive certain qualifying criteria, but the exceptional circumstances must relate to the specific situation of the sponsor or family member rather than general conditions in the country of residence, and must be evidenced. Two requirements can never be waived: that the family relationship is valid and genuine, and that dependency exists.

Processing currently takes approximately 12 months where a complete application has been submitted, and complex cases take longer. Where an application is refused, reasons are given and an appeal may be lodged in writing within two calendar months of the date of the decision. The appeals officer’s decision is final, although a fresh application remains possible if circumstances change.

Our view

Applications for elderly parents succeed on the quality of the evidence. The financial thresholds are objective and either met or not, but dependency, the medical position, the absence of alternative support in the country of origin and the sponsor’s accommodation are all matters where a well-prepared file makes a real difference — and where a poorly prepared one is refused without any obligation on the Minister to point out what was missing before the decision issues.

If this is a matter that affects you or a member of your family, please contact us at info@mcgrathmullan.ie and we would be happy to advise on your individual circumstances.

More Legal Articles from McGrath Mullan:

• Selling Irish property as a non-resident
• The Atypical Working Scheme: Short-Term Work Permission in Ireland
• Decision-Making Representative Orders: What You Need to Know
• Irish Citizenship by Descent – are you entitled?
• Recent Changes to the Non-EEA Policy Document
• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Understand Your Legal Rights in Ireland: A Practical Seminar at the Law Society
• Advance Healthcare Directive

This rule protects solicitors from secondary tax liability and ensures all taxes that are owed affecting or arising from the property are paid. This is particularly significant if the property was let at any time before the sale, as the Revenue Commissioners will want to ensure all income tax on the rental income is fully paid. 

In order to get clearance, the following need to be submitted online to the Revenue Commissioners: 

• A signed non-resident declaration,  
• Copy of the signed contract of sale,  
• A CGT computation showing the tax due,  
• Proof of payment of the tax due,  
• Details of historic use of the property during the non-resident’s ownership. 

Once submitted correctly, the Revenue Commissioners have a 35 day window to accept or audit the return. 

One exception to this obligation is if no chargeable gain arises AND  the property was not rented out during the period of ownership. In that instance, no return or clearance is required. 

We can assist with all aspects of selling property, whether you are resident or non-resident. Please contact us here at info@mcgrathmullan.ie or call us +353 (0) 1 873 5012 .

More Legal Articles from McGrath Mullan:

• The Atypical Working Scheme: Short-Term Work Permission in Ireland
• Decision-Making Representative Orders: What You Need to Know
• Irish Citizenship by Descent – are you entitled?
• Recent Changes to the Non-EEA Policy Document
• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence

Who the Scheme is for

The Scheme is available where an Irish company or organisation requires a non-EEA national to fill a role in which a skill shortage has been identified, or to bring a specialised or high skill to a business, industry or academic institution for a short period. In practice it covers the situations that would otherwise call for a Contract Service Provider or Intra-Company Transfer permit where the engagement runs for between 15 and 90 consecutive days, and it is used regularly in the technology, pharmaceutical, biotechnology and entertainment sectors. It also accommodates paid internships forming part of a course of study outside the State, locum doctors engaged through an agency in the hospital or primary care sector, and nurses and midwives coming to Ireland for the Clinical Adaptation and Assessment programme or an RCSI aptitude test. Medical and unpaid internships are excluded.

How long the permission lasts

Permission is granted for a maximum of 90 days, which may be used to support intermittent travel over a six month period, after which a cooling-off period of one month applies before a new permission can be used. Only three categories may exceed 90 days: locum doctors in the hospital sector and nurses seeking NMBI registration on the basis of an overseas qualification, each up to six months, and internships that are integral to a course of study, up to twelve months. For anything else exceeding 90 days, an employment permit is the correct route.

Key restrictions

Several features of the Scheme deserve particular attention. Permission is granted for the specific role applied for and is not transferable. It is not reckonable towards Stamp 4 eligibility. Family members may not accompany the permission holder. Salaries must generally meet the General Employment Permit threshold. The application must be made from outside the State, and it will not be accepted from a person who is already in Ireland. The Scheme cannot be used as a bridging permission, meaning it cannot be used to enter Ireland while another application is pending or in order to apply for some other permission once here.

Applying and where applications go wrong

Applications are made online, with a non-refundable fee of 250 euro, and a minimum of 20 working days should be allowed from the date all documentation is received in complete and accurate form. The requirement that causes the most difficulty is the contract of employment, which must be signed in ink and dated by both parties, submitted as a single scanned document. Digital signatures are not accepted and a letter of offer will not do in its place. Where a visa is also required, it can only be applied for once the letter of approval has issued, and at least eight weeks should be allowed for that process, so the combined timeline needs to be reflected in the dates written into the contract. A letter of approval is valid for 90 days from issue, and a person remaining in the State for more than 90 consecutive days must register with immigration after arrival.

How we can help

The Scheme is a useful and often underused route, but it is unforgiving of procedural error, and a refusal costs both time and a fee that is not refunded. If you would like assistance with this or any other immigration matter, please contact our immigration team at info@mcgrathmullan.ie.

More Legal Articles from McGrath Mullan:

• Decision-Making Representative Orders: What You Need to Know
• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Understand Your Legal Rights in Ireland: A Practical Seminar at the Law Society
• Parent of an Irish citizen child: immigration permission in Ireland
• The Good Character Test in Naturalisation Applications 
• Capital Acquisitions Tax (CAT) in Ireland

Under the Assisted Decision-Making (Capacity) Act 2015, the court can appoint a Decision-Making Representative (DMR) to make specific decisions on a person’s behalf. This may relate to matters such as healthcare, living arrangements, property, or finances.

How Does the Process Work?

The application begins with a medical assessment confirming that the person lacks capacity to make specific decisions. Once the capacity report is ready, you must prepare and submit three key documents to the Circuit Court office setting out the decisions that need to be made on the person’s behalf:

• Capacity Application
• Statement of Particulars
• Grounding Affidavit

The person concerned, their family members, and other relevant parties must be notified of the application before the Court hearing.

At the hearing, the Judge will consider the evidence and decide whether appointing a Decision-Making Representative is necessary. If appointed, the representative must act in accordance with the person’s wishes and preferences wherever possible.

What Happens After Appointment?

Once appointed, the Decision-Making Representative can carry out the responsibilities granted by the Court Order, such as managing finances, dealing with property, or making certain welfare decisions. They must also register with the Decision Support Service (DSS) and comply with ongoing reporting requirements.

Decision-Making Representative Orders provide an important safeguard for vulnerable adults who can no longer make certain decisions for themselves. They ensure that necessary decisions can be made while protecting the person’s rights, dignity, and independence as much as possible.

If you would like help with a DMRO or any other legal matter please contact us here info@mcgrathmullan.ie.

More legal article from McGrath Mullan:

• Irish Citizenship by Descent – are you entitled?
• Recent Changes to the Non-EEA Policy Document
• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Advance Healthcare Directive
• Parent of an Irish citizen child: immigration permission in Ireland
• The Good Character Test in Naturalisation Applications 

• If they have a grandparent who was born on the island of Ireland; or
• If their parent was born outside of Ireland but was an Irish citizen at the time of their child’s birth

In both cases, the application for citizenship is made through a Foreign Birth Registration application.

The application is made to the Department of Foreign Affairs, and requires a variety of supporting documents to be submitted such as original birth, marriage and death certificates.

For citizenship applications on the basis of descent alone, the main requirement is to prove you fit within one of the two categories above – there is no requirement to show any period of residence in Ireland.

Once the application is approved, a person is deemed to be an Irish citizen and can apply for their Irish passport.

If neither of the above cases apply, then there is no entitlement to Irish citizenship through descent alone – although depending on the particular circumstances, it may still be possible to apply for citizenship on the basis of Irish Associations.

To be eligible for citizenship on the basis of Irish Associations, a person must show that, in addition to Irish ancestry/descent/Irish citizen family members, they have a sufficiently strong connection to Ireland – this is assessed by looking at factors such as frequent visits to Ireland, periods of residence in Ireland, involvement with cultural, sporting or other activities/groups which have contributed significantly to Ireland, etc. For more information on applications on the basis of Irish Associations check out our article: “New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations”.

If you are interested in applying for Irish citizenship on the basis of Irish descent or Irish associations, we would be happy to meet with you for an initial consultation to advise you on your eligibility and the application process. Please email us at info@mcrathmullan.ie or call us on +353 (0) 1 873 5012 for more information.

More legal articles from McGrath Mullan:

• The Interplay Between Immigration Laws in Ireland and Northern Ireland
• Why Recognising Foreign Divorces Matters in Irish Probate
• Upcoming Changes to Employment Permits Remuneration
• Change of Employer Applications
• Thinking of Selling your Property? These are the Documents you Need.
• Visas for Volunteers
• What documents do I need when applying for Foreign Birth Registration? Are there alternatives to what is asked for?
• Employment Visa Appeal
• eConveyancing in Ireland
• Continuous Residence and Naturalisation
• Eligibility for a Stamp 4 EUFAM application based on marriage or de facto partnership with an EEA National

Chief among these changes are the following:

Suitable Accommodation

1. Category C sponsors, and general employment permit holders, will be subject to stricter accommodation arrangements. These sponsors must provide evidence of suitable accommodation which demonstrates that their family members will not be living in overcrowded conditions. For example, the sponsor and their spouse must have their own bedroom. And there must be one bedroom for every additional two children, however, this rule changes depending on the age and sex of the children, in which case, more bedrooms may be required.
2. Where children are involved, there must not be any unrelated adults living in the accommodation.
3. Where accommodation is rented, the property must be registered with the Residential Tenancy Board.
4. All sponsors will be ineligible if they are residing in supported accommodation. Whilst the meaning of ‘supported accommodation’ has not been defined, it is our view that this includes any State supported accommodation such as social housing, accommodation centres, temporary housing and emergency shelters.

Increased Income Thresholds

1. Irish sponsors will now be required to have earned at least €75,000 over the past three years, which is a considerable increase from the previous €40,000 requirement.
2. Category C sponsors who are seeking to sponsor their spouse only, are required to have earned at least €30,000 in the previous year.
3. However, where category C sponsors are also seeking to sponsor a spouse and one or more children, there has been an increase from €44,300 gross income in the previous year, to €50,200 when sponsoring a spouse and one child. And that amount increases by approximately €10,000 for each additional child sponsored.
4. Where a dependent adult relative is being sponsored, the gross annual income has increased from €92,789 to €96,929 and that amount must have been earned by the sponsor in ‘each’ of the previous three years.

If you interested in applying for a join family visa, or if you would like some detailed advice in relation to the above recent changes, please contact our office to book your consultation with one of our immigration solicitors.

More articles on Irish Law from McGrath Mullan:

• I have received a deportation notification in Ireland. What now?
• Court Directed Mediation
• Rights of Residence
• Parent of an Irish citizen child: immigration permission in Ireland
• Advance Healthcare Directive
• The Good Character Test in Naturalisation Applications 
• Capital Acquisitions Tax (CAT) in Ireland
• Family Reunification in Ireland: Key Financial Thresholds and Requirements (Post-2025 Reform)

The notification under Section 3

When a person becomes illegally resident in the State, or has their international protection claim refused by the Minister for Justice, they receive a notification of intention to deport, issued under Section 3 of the Immigration Act 1999. This notification is sent to the person and also to their legal representative, where those details are known.

From that moment, three paths become available. The person may leave the State voluntarily, may consent to deportation, or may submit written representations to the Minister setting out why a deportation order should not be made against them. Those representations must be submitted within 15 working days of the notification, and that window is short. This is why seeking legal advice as soon as the letter arrives is so often decisive.

What the Minister considers

Each case is decided on its own merits. In examining any representations submitted, the Minister is required to have regard to the factors set out in Section 3(6) of the Immigration Act 1999. These include the person’s age, their duration of residence in the State, their family and domestic circumstances, the nature of their connection with the State, their employment record and prospects, their character and conduct (including any criminal convictions), humanitarian considerations, the common good, national security and public policy, and the prohibition of refoulement.

Following that analysis, the Minister decides whether to make a deportation order or, alternatively, to grant temporary permission to remain in the State. Where permission is granted, the person is informed of the conditions attached to it, of the circumstances in which it may be revoked or not renewed, and of how to register and later apply for renewal.

The deportation order

If a deportation order is made, it is served on the person by means of a letter requiring them, by law, to present at the Garda National Immigration Bureau (GNIB) on a specified date and time in order to make arrangements to leave the State. This obligation must be taken seriously. Failing to present at the GNIB on the appointed date is treated as an attempt to evade deportation, and the person becomes immediately liable to arrest and detention until removal is carried out.

Can a deportation order be revoked?

Yes, this route exists. Using Form 3.11, together with the criminal declaration form, a person may ask the Minister to reconsider and revoke the order, under Section 3(11) of the Immigration Act 1999. The heart of such an application is presenting new or changed circumstances that were not previously put before the Minister. The forms are sent to the Repatriation Division by post or by email. While the application is being considered, the person remains obliged to comply with any reporting requirements imposed by the GNIB.

Voluntary return

It is also worth remembering that the division supports people who prefer to return voluntarily to their country of origin, offering practical assistance throughout that process.

This article is an informational summary and does not replace individual legal advice. Every situation carries particular features that can significantly change the options available, and the deadlines involved are tight. If you or someone close to you has received a notification from the Repatriation Division, the wisest course is to seek specialist legal support as early as possible, so that no avenue of defence is lost for want of time.

We would be glad to assist you with your case, please contact us at info@mcgrathmullan.ie and our team will get back to you with information about our services and fees.

More articles on Irish Law from McGrath Mullan:

• The Good Character Test in Naturalisation Applications 
• New guidelines published for Irish citizenship applications on the basis of Irish Descent and Irish Associations
• E-Vetting: Electronic background check process for Irish Citizenship applications
• McGrath Mullan LLP is now providing support with Italian Citizenship applications
• Irish Citizenship for Children
• Foreign Birth Registration – Irish Citizenship through Grandparents
• Is it possible to obtain Irish citizenship through marriage?
• Irish Citizenship by Descent

The option of mediation has a number of advantages including reduced legal costs, the use of a trained mediator to try to resolve what otherwise appeared to be intractable disputes in an informal setting and the benefits of flexibility and more speedy resolutions.

The process is also entirely confidential and, of particular use in employment disputes where one party continues to work for the other, wider issues other than those in the court proceedings can be discussed so as to assist the employer/employee relationship.

On occasion however, in cases where mediation would appear to be the most logical next step,  the party with the deeper pockets, whether an insurance company or perhaps a financially secure employer, may decline to enter into mediation so as to keep financial pressure on the other party, who may have a good case but may not be able to afford to keep taking the financial risks involved in all litigation.

Up to now, the courts could encourage mediation and take a dim view of any party not so engaging but could not compel the parties to enter into mediation.

This may be about to change as in a very recent High Court decision, Mr Justice Michael Twomey, taking account of increasing legal costs, the public interest in freeing up the courts to hear cases earlier and the ‘best interests’ of litigants, directed the otherwise entrenched parties to engage in this way.

In the case being heard – Burke v O’Connell – Twomey J. held that the court did have the power to order mandatory mediation, and that such a direction did not breach the constitutional right of access to the courts, provided the terms of the order were proportionate and did not cause undue delay.

It now remains to be seen firstly whether the Decision is appealed and secondly whether fellow Judges follow and agree with Mr Justice Twomey in other cases.

Speedier resolution of cases may now be more obtainable than heretofore.

If you would like legal advice on Mediation or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

More legal articles and news from McGrath Mullan:

• Understand Your Legal Rights in Ireland: A Practical Seminar at the Law Society
• The Good Character Test in Naturalisation Applications 
• Parent of an Irish citizen child: immigration permission in Ireland
• THINKING OF SELLING YOUR PROPERTY?
• The Statute of Limitations for Unfair Dismissal Claims

It is most commonly created by a Will and is usually granted to a surviving spouse or partner, a family member (e.g. child, sibling), and occasionally a third party. It is usually granted for a person’s lifetime, but can be for a fixed period or last until a certain condition is met. 

It can be an exclusive right or it can be shared right of residence. It is a personal right, not ownership and cannot generally be sold or transferred. It usually ends on death. It is an ‘acquisition’ for Capital Acquisition Tax purposes. 

A common example of how a right of created is:  

A farmer dies leaving a farm and house to 1 child, widow is granted a shared right of residence in the house. Child own the house/farm and lives in the house with the widow. 

The most complications arise when the document creating the right does not set out clear terms of the extent of the right. Ideally, when it is created, it should set out conditions, to avoid disputes later, for example: 

• Is there land/garden included? 
• Who pays for the outgoings (utilities, insurance, LPT)? 
• Who is responsible to repair and maintenance, internally, externally and the main structure of the building, 
• To what standard should the repairs and maintenance be? 
• Is it permitted to take in lodgers, whether paying or not?  
• If the holder moves to a nursing home:  
  • does the right continue?  
  • can the property be rented?  

If a property is subject to a Right of Residence, it will affect marketability. The property cannot usually be sold free of the right without consent, and this can delay or block transactions. 

If you would like legal advice on Rights of Residence or any other legal matter, please contact us here info@mcgrathmullan.ie or call us here +353 (0) 1 873 5012

More legal articles and news from McGrath Mullan:

• Capital Acquisitions Tax (CAT) in Ireland
• Why Recognising Foreign Divorces Matters in Irish Probate
• Affidavit of testamentary capacity
• Wills and a Child’s Entitlements
• Probate: 10 steps to kick-start the administration process
• The Importance of Making a Will
• Wills and a Spouse’s Legal Right Share
• Citations in Probate: What to Do When an Executor Delays Grant of Probate

McGrath Mullan LLP is pleased to invite members of the Brazilian community in Ireland to a practical legal seminar designed to help attendees better understand their rights under Irish law.

Taking place at the Law Society of Ireland on Friday, 31 July, this informative afternoon will cover four key areas of law that affect many individuals and families living in Ireland: Property Law, Employment Law, Family Law, and Immigration Law.

Attendees will gain practical insights into:

• Buying property in Ireland
• Employment rights and workplace protections
• Separation and divorce proceedings
• Work permits and Irish citizenship

The seminar will be delivered by experienced solicitors from McGrath Mullan LLP and will include a dedicated Q&A session, providing attendees with the opportunity to gain clarity on important legal issues affecting their everyday lives.

Event Details

Venue: Law Society of Ireland, Blackhall Place, Dublin 7
Date: Friday, 31 July
Time: 1:00 PM – 5:30 PM

Whether you are purchasing your first home, navigating workplace issues, considering separation or divorce, or seeking information about immigration pathways, this seminar offers practical guidance in a clear and accessible format.

Places are limited and advance registration is required.

Register Here.

About McGrath Mullan LLP

McGrath Mullan LLP provides practical, client-focused legal advice across a range of practice areas, including Property, Employment, Family, and Immigration Law. Learn more about our services and commitment to the Brazilian community in Ireland on our Brazilian page.