ECJ ruling welcomed by immigrant groups

Immigrant groups have given a warm welcome to a ruling by Europe's highest court that spouses of EU citizens who are not themselves…

Immigrant groups have given a warm welcome to a ruling by Europe's highest court that spouses of EU citizens who are not themselves citizens of the union are free to live in Ireland.

Irish legislation currently requires that an EU national and their spouse must have resided together in another EU Member State before coming here.

However, the European Court of Justice ruled today that these laws are contrary to an EU Directive on freedom of movement.

The Immigrant Council of Ireland said thousands of people who were in "legal limbo" would now have much greater certainty over their future in the State.

"We're very glad to see the European Court of Justice has upheld the freedom of movement provisions in the EU Treaty in such a strong fashion," said the Immigrant Council of Ireland senior solicitor, Hilkka Becker.

"The Government's interpretation of the law has led to situations where EU nationals, who were already resident and working in Ireland, were told they could not have their spouses join them here. This effectively forced them in many cases to leave their jobs and return home," she said.

One of the four couples involved in the case expressed delight with ruling today.

Nigerian national Hencheal Ikogho (33), who has been living in Ireland for the last four years, was served with deportation orders shortly after getting engaged to UK national Donna Ikogho.

The couple, based in Killarney, Co Kerry, said they have been living on tenterhooks over recent months in anticipation of the court's ruling.

"I'm totally relieved - we had been trying to put it to the back of our minds," said Donna Ikogho. "Our future was totally up in the air. I couldn't help crying when I heard the news. I was crying, looking at my new-born son, who looks so much like his father. Now it looks like our future is so much more secure," she said.

The Department of Justice, meanwhile, declined to comment except to say that officials are studying the ruling.

Part of the reason for the Government's stance on restricting residency rights was due to concerns over "marriages of convenience".

The Immigrant Council of Ireland said that while these were legitimate concerns, it was of the view that each application should be considered on its own merits rather than introducing a blanket ban.

However, Fine Gael spokesman on immigration and integration Denis Naughten said that while he welcomed the clarity brought by the judgment, it also created "a chasm" between rights of Irish and EU citizens.

"EU citizens and their non-European spouses now have far greater rights to reside in Ireland than Irish citizens and their non-EU spouses," he said.

"Under current law, any Irish person married to someone from outside the EU does not have a legal entitlement to bring their spouse to live with them in Ireland. This includes American and Australian nationals, who must apply individually to the Immigration and Naturalisation Service.

"But as a result of the court decision today, this stringent ruling does not apply to citizens from any other EU country who is married to someone from outside the EU. Citizens from any of the other 26 EU countries can bring their non-EU family members into Ireland."

He described the anomaly as "ridiculous and unfair" and said those who had emigrated to the US, Australia and other countries and who now wanted to return to Ireland were facing obstacles because of these laws

Carl O'Brien

Carl O'Brien

Carl O'Brien is Education Editor of The Irish Times. He was previously chief reporter and social affairs correspondent