European Communities ( Right of Residence For Non Economically Active Persons ) Regulations, 1997

JurisdictionIreland
CitationIR SI 57/1997
Year1997

S.I. No. 57 of 1997.

EUROPEAN COMMUNITIES ( RIGHT OF RESIDENCE FOR NON ECONOMICALLY ACTIVE PERSONS ) REGULATIONS 1997

I, Nora Owen, 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 Directive 90/364/EEC of 28 June 1990 (1), Council Directive 90/365/EEC of 28 June 1990 (2) and Council Directive 93/96/EEC of 29 October 1993 (3), hereby make the following regulations:

1 Citation

1. These Regulations may be cited as the European Communities (Right of Residence for Non-Economically Active Persons) Regulations, 1997.

2 Interpretation

2. (1) In these Regulations -

"the Council Directives" means Council Directive 90/364/EEC of 28 June 1990 (1), Council Directive 90/365/EEC of 28 June 1990 (2) and Council Directive 93/96/EEC of 29 October 1993 (3);

"dependants" of a person, means the person's spouse, children under 18 years of age of the person and his spouse, and in the case of persons to whom these Regulations apply other than students, other children and grandchildren of the person and the spouse if such other children and grandchildren are dependent on the person, and dependant direct lineal ancestors of the person and the spouse;

"immigration officer" means a person appointed by the Minister under Article 16 (1) of the Aliens Order, 1946 ( S. R. & O. No. 395 of 1946 );

"land" shall include arrival or entry by any form of conveyance, including entry over a land frontier, and references to landing shall, unless the context otherwise indicates, be deemed to include references to attempting to land;

"the Minister" means the Minister for Justice;

"Member State" means a Member State of the European Union; or of the European Economic Area.

"other non-economically active persons" means persons other than students or retired persons who are not established or wishing to become established under Community law in the State, nor coming to provide or receive a service in the State, nor coming to take up or pursue an activity as an employed person, and who do not have the right of residence in Member States under other provisions of the laws of the European Union:

"registration district" means the Dublin Metropolitan Area of the Garda Síochána and elsewhere a Garda Síochána District;

"registration officer" means, in the Dublin Metropolitan Area of the Garda Síochána, the officer in charge of the Aliens Registration Office in that area, and elsewhere a superintendent of the Garda Síochána in a Garda Síochána District;

"residence permit" means a permit issued by the Minister under Regulation 5 (a);

"residence document" means a document issued by the Minister under Regulation 5 (b);

"retired persons" means employees and self-employed persons who have permanently ceased their occupational activity;

"students" means persons who are enrolled in an educational establishment in the State for the principal purpose of following a vocational training course there.

(1) O.J. No. L180 of 13.07.1990, p.26

(2) O.J. No. L180 of 13.07.1990, p.28

(3) O.J. No. L317 of 18.12.1993, p.59

(2) A word or expression that is used in these Regulations and is also used in the Council Directives has, unless the contrary intention appears, the meaning in these Regulations that it has in the Council Directives.

(3) In these Regulations -

( a ) a reference to a Regulation or Schedule is a reference to a Regulation of or Schedule to these Regulations, unless it is indicated that a reference to some other Regulations is intended, and

( b ) a reference to a paragraph or a subparagraph is a reference to a paragraph or subparagraph of the Regulation or Schedule in which the reference occurs unless it is indicated that a reference to some other Regulation or Schedule is intended.

3 Application

3. (1) Subject to paragraph (2), these Regulations shall apply to nationals of Member States, other than persons born in the United Kingdom, who are -

( a ) students,

( b ) retired persons, or

( c ) other economically non active persons,

and their accompanying dependants.

(2) A person born in the United Kingdom does not have to comply with any of these Regulations other than Regulation 6(2).

5 ..

4. A person to whom these Regulations apply 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 -

( a ) he is suffering from a disease or disability specified in the First Schedule, or

( b ) 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 Issue of Residence Permit and Residence Document

5. The Minister shall, subject to these Regulations, -

( a ) issue to a person who is a national of a Member State to whom these Regulations apply a document ("a residence permit") as evidence of the right of residence in the State with his accompanying dependants who are nationals of a Member State to whom these Regulations apply which contains the information set out in the Second Schedule in a legible form or a non-legible form capable of being reproduced in a legible form or both, and

( b ) issue to a person who is not a national of a Member State and who is a dependant of a person who is the holder of a residence permit, a document ("a residence document") as evidence of the right of residence in the State which contains the information set out in the Third Schedule in a legible form or in a non-legible form capable of being reproduced in a legible form or both.

6 Application for Residence Permit or Residence Document

6. (1) A person who is a national of a Member State to whom these Regulations apply and who wishes to take up residence in the State shall apply for a residence permit to the registration officer of the registration district in which the person is located.

(2) A dependant of a person referred to in paragraph (1) who is not a national of a Member State shall, subject to paragraph (3), make an application, or have an application made on the dependant's behalf by the person referred to in paragraph (1), for a residence document to the registration officer of the registration district in which the dependant is located.

(3) The Minister may require a person to whom these Regulations apply who has not made an application required under paragraph (1) or (2), as the case may be, to make the relevant application within such time as the Minister specifies.

(4) Where a person is making an application for a first residence permit or residence document the Minister, if in the Minister's opinion in any particular case it is desirable to do so, may require that person or any accompanying dependant to undergo a medical examination by a registered medical practitioner for the purpose of ascertaining whether or not the person is suffering from any disease or disability referred to in the First Schedule.

7 Refusal of Residence Permit or Residence Document

7. (1) A residence permit shall only be issued where the Minister is-

( a ) (i) in the case of a person referred to in Regulation 3(1)(a), assured by the applicant that he has sufficient resources to support himself, his spouse and any accompanying dependants,

(ii) in the case of a person referred to in Regulation 3(1)(b), satisfied that the applicant is in receipt of an invalidity or early retirement pension or old age benefits or of a pension in respect of an industrial accident or disease of an amount sufficient to support himself, his spouse and any accompanying dependants, or

(iii) in the case of a person referred to in Regulation 3(1)(c), satisfied that the applicant has sufficient resources to support himself, his spouse and any accompanying dependants, and

( b ) satisfied that the applicant is able to provide full medical and health insurance in respect of himself, his spouse and any accompanying dependants.

(2) In these regulations, a person shall not be regarded as having sufficient resources to support himself and his dependants where, but for the fact of not having made a claim, he would otherwise qualify for assistance under the Social Welfare Acts.

(3) The Minister may refuse to issue a first residence permit or residence document where the applicant -

( a ) having been required to undergo a medical examination referred to in Regulation 6(4) fails to do so,

( b ) fails to satisfy the Minister that he is a person to whom these Regulations apply, or

( c ) is suffering from a...

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