European Communities (Aliens) Regulations, 1977

JurisdictionIreland
CitationIR SI 393/1977
Year1977

S.I. No. 393 of 1977.

EUROPEAN COMMUNITIES (ALIENS) REGULATIONS, 1977.

I, GERARD COLLINS, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), and for the purpose of giving effect to Council Directives 64/221/EEC1, 68/360/EEC2, 72/194/EEC3, 73/148/EEC4, 75/34/EEC5 and 75/35/EEC,6 hereby make the following Regulations:—

1 OJ No. 56 4/4/1964, p. 850/64

2 OJ No. L, 257 19/10/1968, p. 13

3 OJ No. L, 121 26/5/1972, p. 32

4 OJ No. L, 172 28/6/1973, p. 14/16

5 OJ No. L, 14 20/1/1975, p. 10/13

6 OJ No. L, 14 20/1/1975, p. 14

1 Citation and Commencement.

1. These Regulations may be cited as the European Communities (Aliens) Regulations, 1977, and shall come into operation on the 1st day of January, 1978.

2 Interpretation.

2. (1) A word or expression to which a meaning is assigned in the Aliens Orders, 1946 and 1975, shall have that meaning in these Regulations.

(2) In these Regulations—

"dependants" of a person means the person's spouse, children under 21 years of age of the person and the spouse, other children of the person and the spouse if such other children are dependent on the person, the spouses of any children of the person and the spouse, and dependent direct lineal ancestors and descendants of the person and the spouse;

"established" means established for the purposes of Chapter 2 of Title III in of Part Two of the EEC Treaty, and cognate words shall be construed accordingly;

"the Minister" means the Minister for Justice;

"member State" means a member State of the European Communities;

"residence permit" has the meaning assigned to it by Regulation 5(1);

"service" means a service within the meaning of Article 60 of the EEC Treaty.

(3) In these Regulations a reference to a Regulation is a reference to a Regulation of these Regulations, unless it is stated that a reference to other Regulations is intended.

3 Application.

3. These Regulations apply to nationals of member States as defined in the First Schedule to these Regulations.

4 Refusal of Leave to Land.

4. A person to whom these Regulations apply who—

( a ) is established or wishes to become established in the State,

( b ) is coming to provide or receive a service in the State,

( c ) is coming to take up or pursue an activity as an employed person, or

( d ) is a dependant of a person referred to in paragraph (a) or (b) or (c) of this Regulation,

and who produces for inspection by an immigration officer a valid national identity card or passport as evidence of his nationality and identity, may not be refused leave to land unless—

(i) he is suffering from a disease or disability specified in the Second Schedule to these Regulations, or

(ii) his personal conduct has been such that it would be contrary to public policy or would endanger public security to grant him leave to land.

5 Application for Residence Permit.

5. (1) A person to whom these Regulations apply and who—

( a ) has established himself in the State in order to pursue an activity as a self-employed person,

( b ) is supplying or receiving a service in the State,

( c ) is in employment in the State,

( d ) is in a category specified in Regulation 8 of these Regulations, or

( e ) is a dependant of a person referred to in subparagraphs (a), (b), (c) or (d) of this paragraph,

may apply for a permit (which shall be known and is in these Regulations referred to as a "residence permit") for a national of a member State of the European Communities to the registration officer of the registration district in which he is resident.

(2) A dependant of a person referred to in subparagraphs (a), (b), (c) or (d) of paragraph 1 of this Regulation who is not a national of a member State may apply for a residence document to the registration office of the registration district in which he is resident.

(3) A residence permit or a residence document shall be valid throughout the State and its issue and renewal shall be free of charge.

(4) A person referred to in subparagraph (a), (b), (c) or (e) of paragraph 1 of this Regulation may, subject to Regulation 14, remain in the State for three months without applying for a residence permit.

(5) An applicant for a first residence permit may, subject to Regulation 14, remain in the State pending the communication to him of a decision on his application.

6 First Residence Permit.

6. Subject to Regulation 12, a first residence permit shall be issued to an applicant for such a permit within six months of the date of the application.

7 Validity of Residence Permits.

7. (1) The period of validity of a residence permit issued to a person referred to in subparagraph (a), (c) or (d) of paragraph 1 of Regulation 5 shall be five years and, subject to Regulation 14, shall be renewable automatically.

(2) The period of validity of a residence permit issued to a person referred to in subparagraph (b) of paragraph 1 of Regulation 5 shall be that of the expected duration of the service and, subject to Regulation 14, shall be renewed where the person is continuing to provide or receive such a service.

(3) Notwithstanding paragraph 1 of this Regulation, where a person referred to in subparagraph (c) of paragraph 1 of Regulation 5 holds a post for more than three months but less than a year, there shall, subject to Regulation 14, be issued to him a temporary residence permit, the validity of which shall be limited to the expected period of the employment.

(4) The period of validity of a residence permit or residence document issued to a dependant shall be the same as that ofthe residence permit issued to the person on whom he is dependent.

(5) A break or breaks in residence not exceeding six consecutive months, and absence on military service, shall not affect the validity of a residence permit.

(6) A person who has been granted a residence permit or a residence document shall be re-admitted to the State during the period of validity of the permit or document on production of the permit or document and of a valid identity card or passport, unless he is a person who has previously been required to leave the State.

8 Right of certain persons to remain in the State.

8. (1) Subject to Regulation 14, any person to whom these Regulations apply who has been in employment in the State or has pursued in the State an activity as a self-employed person may remain permanently in the State on the cessation of the activity if—

( a ) at the...

To continue reading

Request your trial

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT