S.I. No. 393/1977 - European Communities (Aliens) Regulations, 1977

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/EEC^1, 68/360/EEC^2, 72/194/EEC^3, 73/148/EEC^4, 75/34/EEC^5 and 75/35/EEC,^6 hereby make the following Regulations:—

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

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

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

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

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

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

1 Citation and Commencement.

1.

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.

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.

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.

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.

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.

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.

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.

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 time of termination of that activity he has reached pensionable age as defined in the Social Welfare Acts, 1952 to 1977, has pursued that activity in the State for at least the previous twelve months and has resided continuously in the State for more than three years,

( b ) having resided continuously in the State for more than two years, he ceases to pursue the activity in the State as a result of permanent incapacity for work, or

( c ) he has been incapacitated for work as a result of either an accident at work or an occupational illness entitling him to a pension which is payable in whole or in part by the State.

• (2) The conditions as to length of residence and activity specified in paragraph 1 (a) and the condition as to length of residence specified in paragraph 1 (b) shall not apply if the spouse of the person is a citizen of the State.

• (3) The periods of activity referred to in paragraph 1 (a) and 1 (b), if completed in the territory of another member State, shall, for the purpose of entitlement to the rights referred to in those paragraphs, be considered as having been completed in the State.

• (4) Periods of inactivity because of circumstances outside the control of the person or of inactivity because of illness or accident shall be considered as periods of activity for the purposes of this Regulation.

• (5) Subject to Regulation 14, the right of a person specified in this Regulation to remain in the State may be exercised within two years of the person's becoming entitled to the right.

• (6) Subject to Regulation 14, any person who, after three years' continuous residence and activity in the State in employment or as a self-employed person pursues his activity in the territory of another member State while retaining his residence in the State and returning to the State at least once a week may remain permanently in the State.

• (7) The dependants of a person who has been in employment in the State or has pursued an activity as a self-employed person in the State and who has died may remain permanently in the State if the person on the date of his death had resided continuously in the State for at least two years or if his death had resulted from an accident at work or from an occupational illness.

9 Withdrawal of Residence Permit.

9.

9. (1) A residence permit which is valid shall not be withdrawn from a person who has been in employment solely on the ground that he is no longer in employment, if this unemployment is caused by his being temporarily incapable of work as a 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 of the permit may be limited to twelve months and, if at the expiration of that period the person is still unemployed, a further renewal of the permit may be refused.

10 Medical Certificates.

10.

10. The Minister, if in his opinion in any particular case it is desirable to do so, may require a person who belongs to a category specified in Regulation 5, 8, or 13 (2) of these Regulations 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 Second Schedule to these Regulations.

11 Evidence by Applicant.

11.

11. The Minister may require the production of satisfactory evidence by an applicant for a first residence permit that he is a person who is referred to in Regulation 5 or 8.

12 Refusal of Residence Permit.

12.

12. (1) A first residence permit may be refused where an applicant is required to undergo the examination specified in Regulation 10 and fails to do so, or if he fails to satisfy the Minister that he is a person who is referred to in Regulation 5 or 8.

• (2) A residence permit may be refused if the Minister is satisfied that the conduct of the person concerned has been such that it would be contrary to public policy or would endanger public security to permit him to remain in the State.

• (3) A person who has been refused a residence permit shall leave the State within the time limit specified in Regulation 15 (2).

• (4) 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.

13. (1) Subject to Regulation 14, the holder of a residence permit shall be entitled to reside in the State for the period specified in the permit.

• (2) Subject to Regulation 14, a seasonal worker in the State, or a person who while in employment in another member State has a residence in the State to which he normally returns each day or once a week, shall, while engaged on the seasonal work, have the right to reside in the State.

14 Requirement to leave State.

14.

14. A person who is referred to in Regulation 5, 8 or 13 (2) may be required by the Minister to leave the State if the Minister is satisfied that the person's conduct has been such that it would be contrary to public policy or would endanger public security to permit the person to continue to remain in the State or, where the person has not been given a first residence permit, he is suffering from a disease or disability specified in the Second Schedule to these Regulations.

15 Notification of Reasons.

15.

15. (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 is referred to in Regulation 5, 8 or 13 (2) to leave the State or refusing to grant or renew a residence permit in his favour, is based shall be notified to the person, and the 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 time referred to in paragraph 1 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.

16 Consideration of Case.

16.

16. (1) 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 of the permit or be required to leave the State except after his case has been considered by an authority appointed under Regulation 17, before which the person may appear and be heard and be represented by a legal adviser.

• (2) A person who is not the holder of a residence permit, who is referred to in Regulation 5 or 8 and 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, shall if he so requests have his case referred to an authority appointed under Regulation 17, before which the person may appear in person, unless the Minister certifies that his doing so would endanger the security of the State.

17 Appointment of Authority.

17.

17. (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 and 1975, in relation to a person who is referred to in Regulation 5 or 8.

• (2) An authority appointed under this Regulation or under Regulation 19 of the European Communities (Aliens) Regulations, 1972 ( S.I. No. 333 of 1972 ), shall as soon as may be communicate to the Minister its view on any case referred to it, and the Minister shall consider the views of the authority so submitted to him.

18 Offences.

18.

18. 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 of such an offence may be dealt with as if convicted of an offence under section 6 (1) of the Aliens Act, 1935 (No. 14 of 1935).

19 Revocation.

19.

19. The European Communities (Aliens) Regulations, 1972, are hereby revoked.

20 Saver.

20.

20. Nothing in the Aliens Orders, 1946 and 1975, shall invalidate any provision of these Regulations, but otherwise those Orders shall continue to apply to the persons to whom these Regulations apply.

Regulation 3.

FIRST SCHEDULE.

( 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 the United Kingdom,

or

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

( a ) persons who are nationals of the Netherlands solely by birth in or other connection with 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 4, 10, 12 and 14.

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 infectious 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 28th day of December, 1977.

GERARD COLLINS,

Minister for Justice.

EXPLANATORY NOTE.

These Regulations, which replace the European Communities (Aliens) Regulations, 1972 ( S.I. No. 333 of 1972 ), set out the rights of entry and residence of certain categories of persons who are nationals of member States of the European Communities.