International Protection Act 2026

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Permission to reside for family members of beneficiaries of international protection

204. (1) A sponsor may, subject to subsection (2), make an application to the Minister for permission to reside in the State to be given to a family member of the sponsor who, on the date of the application, is in the State (whether lawfully or unlawfully) where the family member does not qualify for international protection.

(2) An application shall be made within 12 months from the date on which the sponsor was granted international protection.

(3) The Minister shall investigate, or cause to be investigated, an application to determine—

(a) the identity of the person who is the subject of the application,

(b) the relationship between the sponsor and the person who is the subject of the application, and

(c) the domestic circumstances of the person who is the subject of the application.

(4) The sponsor and the person who is the subject of the application shall cooperate fully in the investigation under subsection (3), including by providing to the Minister all relevant information in the possession, control or procurement of the sponsor and the person who is the subject of the application.

(5) Where the Minister, having had regard to the application and information available to him or her, including any information obtained in an investigation under subsection (3), is satisfied that the person who is the subject of an application is a family member of the sponsor, the Minister shall, subject to subsection (6), give a permission in writing to the person to reside in the State.

(6) The Minister shall refuse to give a permission under subsection (5)—

(a) where he or she is of the opinion that it is in the interest of national security or public policy, as it relates to the family member, not to do so,

(b) where the person would be or is excluded from being a refugee in accordance with Article 12 of the Qualification Regulation,

(c) where the person would be or is excluded from being eligible for subsidiary protection in accordance with Article 17 of the Qualification Regulation,

(d) where the sponsor in relation to whom the person is a family member ceases or has ceased to be entitled to remain in the State,

(e) where the person is a spouse or civil partner of the sponsor, where there are strong indications that the marriage or civil partnership was contracted for the sole purpose of enabling the person concerned to reside in the State, or

(f) where there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of any matter referred to in paragraphs (a) to (e).

(7) A person to whom a permission under subsection (5) is given shall—

(a) comply with section 9 of the Act of 2004, and

(b) while the permission is in force and the sponsor is entitled to remain in the State, be entitled to the rights, and subject to the obligations, specified in Chapter VII of the Qualification Regulation, including those specified in this Part.

(8) A permission given under subsection (5)—

(a) shall cease to be in force on the same date as the permission to reside given to the sponsor in accordance with section 203 ,

(b) shall cease to be in force, where it is given to the spouse or civil partner of a sponsor, on and from the date on which the marriage or civil partnership concerned ceases to subsist, and

(c) shall, subject to subsections (6) and (9), be renewable for as long as the permission to reside given to the sponsor is renewed in accordance with section 203 .

(9) The Minister shall revoke or refuse to renew a permission given under subsection (5) where he or she is of the opinion that—

(a) there has been misrepresentation or omission of facts, whether or not including the use of false documents, in respect of whether or not the circumstances referred to in paragraphs (a) to (e) of subsection (6) exist, and

(b) the permission would not have been given, or as the case may be, renewed, but for the misrepresentation or omission referred to in paragraph (a).

(10) In this section—

“application” means an application made in accordance with this section;

“family member”, in so far as the family already existed before the sponsor arrived in the State, in relation to a sponsor, means the following members of the family of the sponsor:

(a) the spouse or civil partner of the sponsor;

(b) the minor or adult dependent children of a couple referred to in paragraph (a) or of the sponsor, provided that the minor or adult dependent child is unmarried and regardless of whether they were born in or out of wedlock or adopted;

(c) where the sponsor is, on the date of an application, a minor, the father and mother of the sponsor or other adult (including the sponsor’s adult sibling) responsible for the sponsor.