Immigration has contributed greatly to economic, social and cultural life in Ireland over the past ten years and is a powerful symbol of the radical transformation of Ireland’s economic fortunes. New immigrants have included many lesbian, gay and bisexual people (LGB) who have come to avail of employment opportunities and who have seen Ireland as increasingly supportive and accommodating of difference. Lack of legal recognition of same sex relationships has had particular implications for LGB people in relation to immigration and residency as administrative arrangements for family reunification have, until recently, been based on the family defined by marriage.

As a result, the non EU/EEA partner of an Irish or EU citizen has not been entitled to residency on the basis of their relationship. Nor have LGB people coming from outside the EU/EEA to work in Ireland been entitled to bring their partner. In addition to working for marriage and partnership rights more generally, GLEN has also been working to ensure that same sex relationships are recognised in immigration laws and regulations. GLEN has for example, put a detailed submission to the Minister for Justice, Equality and Law Reform on the proposed Immigration and Residence Bill.

At the end of April the Minister for Justice, Equality and Law transposed the EU Free Movement Directive into Irish Law. Under the terms of the Directive Ireland will allow for the entry and residence of the EU citizen and their non EU partner who are in a relationship together. This applies also to same sex couples. The Irish Nationalisation and Immigration Service would expect that clear evidence be provided that a partnership has existed for at least 2 years prior to the application.

The implementation of the Directive does however open up some anomalies. In particular it only applies to people moving here and not those in situ. So for example, it does not apply to Irish citizens living in Ireland who have a non-EU partner. In this case there is no formal provision in immigration regulations for the non-EU partner to live in Ireland with their Irish partner. Guidelines on the free movement directive