S.I. No. 333/1972 - European Communities (Aliens) Regulations, 1972.

S.I. No. 333 of 1972.

EUROPEAN COMMUNITIES (ALIENS) REGULATIONS, 1972.

I, DESMOND O'MALLEY, Minister for Justice, in exercise of the powers conferred on me by section 3 of the European Communities Act, 1972 (No. 27 of 1972), hereby make the following Regulations:—

1 Citation

1. These Regulations may be cited as the European Communities (Aliens) Regulations, 1972.

2 Commencement

2. These Regulations shall come into operation on the 1st day of January, 1973.

3 Interpretation

3. (1) A word or expression to which a meaning is assigned in the Aliens Orders, 1946 to 1972, shall have that meaning in these Regulations.

(2) In these Regulations:

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

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

4 Application

4. These Regulations apply to nationals of Member States of the European Communities, as defined in the First Schedule to these Regulations.

5 Refusal of Leave to Land

5. A person to whom these Regulations apply and who arrives in the State otherwise than from Great Britain or Northern Ireland shall not be refused leave to land by an immigration officer where—

(a) the officer is satisfied that—

(i) the person is established or wishes to establish himself in the State in order to pursue an activity as a self-employed person,

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

(iii) being desirous of entering or continuing in the service of an employer in the State, the person is in possession of a permit in writing for his employment issued to the employer by the Minister for Labour,

(b) the person produces for inspection by the immigration officer a valid national identity document or passport establishing his nationality and identity, and

(c) the immigration officer is satisfied that the person is not suffering from a disease or disability specified in the Second Schedule to these Regulations and that it would not be contrary to public policy or endanger public security to grant him leave to land.

6 Application for Residence Permit

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

(a) has established himself in the State in order to pursue as a self-employed person an activity in respect of the pursuit of which restrictions have been abolished pursuant to the EEC Treaty,

(b) is authorised by the Minister to pursue any other activity as a self-employed person,

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

(d) is in employment in accordance with a permit issued by the Minister for Labour,

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

(2) A person who belongs to a category specified in this Regulation may, subject to Regulation 15 of these Regulations, remain in the State for three months without applying for a residence permit.

(3) An applicant for a residence permit, may, subject to the said Regulation 15, remain in the State pending the communication to him of a decision on his application.

7 First Residence Permit

7. Subject to Regulation 12 of these Regulations, a first residence permit shall be issued to an applicant therefor within six months of the date of the application.

8 Periods of Validity of Residence Permits

8. (1) The period of validity of a residence permit issued to a person in the category specified in paragraph (a) of Regulation 6 of these Regulations shall be five years and, subject to Regulation 15 of these Regulations, the residence permit shall be renewed at the expiry of that period.

(2) The period of validity of a residence permit issued to a person in the category specified in paragraph (b) or (c) of the said Regulation 6 shall be that of the expected duration of the relevant activity or of the service and, subject to the said Regulation 15, it shall be renewed where the Minister is satisfied that the person is continuing to pursue the activity or to provide or receive a service.

(3) The period of validity of a residence permit issued to a person in the category specified in paragraph (d) of the said Regulation 6 shall be five years and, subject to the said Regulation 15, the residence permit shall be renewed at the expiry of that period.

(4) Notwithstanding paragraph (3) of this Regulation, where a worker holds a post for more than three months but less than a year, there shall, subject to the said Regulation 15, be issued to him a temporary permit, the validity of which is limited to the expected period of the employment.

9 Withdrawal of Residence Permit

9. (1) A residence permit which is valid shall not be withdrawn from a person who had been in employment in accordance with a permit issued by the Minister for Labour solely on the ground that he is no longer in employment, provided that his unemployment is due to his being temporarily incapable of work as result of illness or accident or is otherwise involuntary.

(2) Where a person who has been involuntarily unemployed for a continuous period of more than twelve months applies for the first renewal of his residence permit, the validity of the renewal permit may be limited to twelve months and, if at the expiration of that period the person is unemployed, a further renewal of the permit may be refused.

10 Medical Certificate

10. The Minister, if in his opinion in any particular case it is desirable to do so, may require an applicant for a residence permit to produce a certificate from a registered medical practitioner to the effect that the person is not suffering from any disease or disability referred to in the Second Schedule to these Regulations.

11 Evidence by Applicant

11. The Minister may require the production of satisfactory evidence by an applicant that he belongs to a category specified in Regulation 6 of these Regulations.

12 Refusal of Residence Permit

12. (1) A first residence permit may be refused where an applicant is required to produce a medical certificate and fails to do so or if he fails to satisfy the Minister that he belongs to a category specified in Regulation 6 of these Regulations.

(2) A first or subsequent residence permit may be refused if the Minister is satisfied that it would be contrary to public policy or would endanger public security to permit the person to remain in the State.

(3) The only disease or disability in respect of which a decision to refuse to issue a first residence permit may be based, or in respect of which a person may be required to leave the State, shall be one specified in the Second Schedule to these Regulations.

13 Right of Residence

13. Subject to Regulation 15 of these Regulations, the holder of a residence permit shall be entitled to reside in the State for the period specified in the permit.

14 Obligation to Leave State

14. A person who has been refused a first residence permit or a renewal thereof shall leave the State within the time limit specified in Regulation 16 (2) of these Regulations.

15 Requirement to Leave State

15. A person who belongs to a category specified in Regulation 6 of these Regulations may be required by the Minister to leave the State if the Minister is satisfied that it would be contrary to public policy or would endanger public security, or, in the case of a person who has not been issued with a first residence permit, would endanger public health, to permit the person to continue to remain in the State.

16 Notification of Reasons

16. (1) Unless the Minister certifies that it would endanger the security of the State to make them known, the reasons on which a decision requiring a person who belongs to a category specified in Regulation 6 of these Regulations to leave the State or refusing to grant or to renew a residence permit in his favour are based shall be notified to the person, and such notification shall include an indication to the person of the time within which he is required to leave the territory of the State.

(2) The said time shall, unless the Minister certifies that the matter is urgent, not be less than fifteen days in a case where the person concerned has not received a first residence permit or less than one month in any other case.

17 Consideration of Case

17. A person who is the holder of a residence permit may not, unless the Minister certifies that the matter is urgent, be refused a renewal thereof or be required to leave the State save after the case has been considered by an authority appointed under Regulation 19 of these Regulations, before whom the person may appear and be heard and be represented by a legal adviser.

18 Reference of Case

18. A person who belongs to a category specified in Regulation 6 of these Regulations who is refused leave to land or is refused a first residence permit, or who is informed that he is being required to leave the State before a permit has been issued to him, may, at his request, have the case referred to an authority appointed under Regulation 19 of these Regulations before whom the person may appear in person, unless the Minister certifies that his doing so would endanger the security of the State.

19 Appointment of Authority

19. (1) The Minister may appoint a person or persons to be an authority or authorities for the purpose of considering representations against a decision of the Minister or of an immigration officer under these Regulations or under the Aliens Orders, 1946 to 1972, in relation to a person who belongs to a category specified in Regulation 6 of these Regulations.

(2) An authority appointed under this Regulation shall as soon as may be communicate to the Minister its views on any case referred to it.

20 Rights of Dependants

20. (1) The rights of entry and of residence of the dependants of a person who belongs to a category specified in Regulation 6 of these Regulations shall be the same as those of the person himself.

(2) Dependants shall include the person's spouse and their children under 21 years, their other children if still dependent, and dependent relatives in the ascending and decending lines of the person and his spouse.

(3) Where a residence permit is issued to a person who belongs to a category specified in the said Regulation 6, a residence permit in respect of the same period shall, on request, be issued to any dependant who is over 16 years of age.

21 Right to Re-admission

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

22 Offences

22. A person who is required to leave the State in accordance with these Regulations and who fails to do so shall be guilty of an offence and on conviction thereof may be dealt with as if convicted of an offence under section 6 (1) of the Aliens Act, 1935 (No. 14 of 1935).

23 Saver

23. Nothing in the Aliens Orders, 1946 to 1972, shall invalidate any provision of these Regulations but, subject to the foregoing, those Orders shall continue to apply to the persons to whom these Regulations apply.

Regulation 4

FIRST SCHEDULE

1. Subject to paragraph 2 of this Schedule, for the purposes of these Regulations nationals of Member States are nationals of Belgium, Denmark, France, the Federal Republic of Germany, Italy, Luxembourg, the Netherlands and persons (other than persons born in Britain or Northern Ireland) who are—

(a) citizens of the United Kingdom and Colonies or British subjects not possessing that citizenship or the citizenship of any other country or territory of the British Commonwealth, who, in either case, have the right of abode in Britain, or

(b) citizens of the United Kingdom and Colonies by birth or by registration or naturalisation in Gibraltar, or whose father was so born, registered or naturalised.

2. The following shall be deemed not to be nationals of a Member State for the purposes of these Regulations:—

(a) persons who are nationals of the Netherlands solely by birth in or other connection with Surinam or the Antilles,

(b) persons who are nationals of France solely by birth in or other connection with one of the French overseas dependent territories.

Regulations 5, 10 and 12

SECOND SCHEDULE

A. Diseases which might endanger public health:

(1) Diseases subject to the International Health Regulations for the time being adopted by the World Health Assembly of the World Health Organisation;

(2) Tuberculosis of the respiratory system in an active state or showing a tendency to develop;

(3) Syphilis;

(4) Other infections or contagious parasitic diseases in respect of which special provisions are in operation to prevent the spread of such diseases from abroad.

B. Diseases and disabilities which might justify decisions on grounds of public policy or which might endanger public security;

(1) Drug addiction;

(2) Profound mental disturbance; manifest conditions of psychotic disturbance with agitation, delirium, hallucinations or confusion.

GIVEN under my Official Seal this 21st day of December, 1972.

DESMOND O'MALLEY,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations confer rights of entry and residence on certain categories of persons who are nationals of member States of the European Communities. They are based on Directives EEC 64/220, EEC 64/221 and EEC 68/360 issued by the Council of the Communities but take account of the special transitional provision in regard to free movement of workers that has been made in favour of this country in the Treaty of Accession to the Communities.