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MINISTER FOR JUSTICE COMMENTS ON REGULARISATION OF STATUS FOR UNDOCUMENTED MIGRANTS IN IRELAND

On 26th June 2020, the new coalition government of Fianna Fáil, Fine Gael and the Green Party endorsed the Programme for Government, which contains a commitment to regularise the status of undocumented migrants in Ireland.

In response to a Parliamentary Question put to her on 14th July 2020, the Minister for Justice has announced that a policy paper on this matter is currently being drafted by officials in the Department of Justice.

The Minister stated:

“The Programme for Government contains a commitment to create new pathways for long-term undocumented people and their dependents meeting specified criteria to regularise their status within 18 months of the formation of the Government, bearing in mind European Union and Common Travel Area commitments. Ireland along with other Member States of the EU, has committed, under the European Pact on Immigration and Asylum (2008), to a case-by-case approach as opposed to mass regularisation.

A policy paper on the matter is being drafted by my officials at the present time. This will include an assessment of international best practices.

In all cases, people must engage with the authorities if they wish to be permitted to remain here legally. I would encourage any person who is resident in the State without permission to contact my Department or their local immigration office and to take all appropriate steps to regularise their own and their family’s status.”

At present there has been no final agreement on this scheme or how it would operate but the Government has committed to establishing such a scheme within the next 18-month period.

We at Berkeley Solicitors fully support the implementation of a scheme to regularise the status of undocumented migrants and will publish any future developments on this on our website.

If you or a family member have any queries about your immigration status, please do not hesitate contact our office.

Please be aware that no such scheme exists at present and no new application process is currently available.

INIS ANNOUNCES REOPENING OF REGISTRATION OFFICES OUTSIDE DUBLIN

Following three months of closures due to Covid-19 restrictions, INIS has announced that Registration Offices outside Dublin will be reopening on a phased basis in line with the Government roadmap.

The INIS website has published a list of opening dates in respect of individual registration offices.

Many are due to open between 20th July 2020 and 15th August 2020, however a number have yet to confirm a reopening date.

The full notice, which details the opening dates of individual offices, can be read here.

Email addresses for each registration office are provided for queries and the arranging of appointments.  INIS has advised that persons wishing to register or renew should contact the Immigration Officer on the email address provided prior to attending at a Garda Station as individuals without an appointment will not be seen.

IMMIGRATION SERVICE DELIVERY ANNOUNCES POLICY CHANGE ON EXTENSION OF ENTRY VISAS DUE TO COVID-19

The Immigration Service Delivery has issued an updated set of frequently asked questions in relation to Covid-19 and its effects on immigration services in the State.

The document now states that individuals who were recently issued  D category entry visas (prior to 15th March 2020) and who were unable to travel to Ireland during the validity dates of their visa as a result of Covid-19 restrictions, may now apply to amend dates on the approved visa.

The previous position of the Immigration Service Delivery was that such individuals would have to submit new visa applications in the event that they could not travel to Ireland within the validity dates of their visa.

The relevant section states as follows:

“Q 5. What facility will be put in place if I am currently outside Ireland and was recently granted a C or D entry visa for Ireland but I am now unable to come to Ireland during the validity period of my entry visa due to travel restrictions? Can my entry visa be extended or will I have to submit a new visa application?

A. In the case of Long Stay visas issued prior to 15th March 2020 where an applicant was not in a position to travel to Ireland because of the COVID-19 situation, it may be possible to amend the dates on the approved visa. Once we resume accepting visa applications, you should contact the Irish Embassy or Consulate that issued the visa to you.

In the case of Employment/Volunteer/Minister of Religion/Study visas, you should be able to show the Embassy that the reason for your travel to Ireland still applies, before consideration could be given to amending the visa that was issued to you.

Anyone who was issued a Short Stay visa during the same period but was similarly unable to travel to Ireland because of the COVID-19 situation will need to make a new visa application when normal visa processing resumes. However, depending on the period of time that has passed and the circumstances of the particular case, if you decide to re-apply we will consider waiving the fee for the new application.”

Given the long processing times for new visa applications, we at Berkeley Solicitors welcome this development.

The full document can be read here.

If you have any queries about applying for an Irish visa, please do not hesitate to contact our office.

NO NEW VISA APPLICATIONS ACCEPTED BY INIS SINCE MARCH 2020

RTÉ News has reported that the Irish Naturalisation and Immigration Service has not accepted any new visa applications as of 20th March 2020 due to Covid-19.

A spokesperson from the Department of Justice was quoted as saying:

“While it will still be possible to apply for an Irish visa online in the normal manner, these temporary measures mean that applicants will not be able to complete their application process. However, any application made online will remain valid until such time as restrictions are lifted.”

VFS Global, which provides a wide range of visa-related services, has also closed many of its Visa Application Centres.

The VFS website states that Ireland has suspended visa services globally as of 23rd March 2020.

This is despite the fact that a limited category of “Priority/Emergency” visas are still being processed, as outlined in INIS notice issued on 21st March 2020. These include professionals, health researchers and elderly care professionals, immediate family members of Irish citizens who are returning to their ordinary place of residence in Ireland, persons legally resident in the State, and persons entitled to avail of the provisions of the EU Free Movement Directive.

In instances where the local Consulate or Embassy is unable to process visa applications falling within these categories due to local Covid-19 restrictions, the Department has arranged to accept visa applications in its Dublin Visa Office.

RTÉ News questioned whether the decision to cease accepting new visa applications since March 2020 was allowing any backlog of applications to be cleared, and asked the Department of Justice to clarify what the situation is today.

The Department responded:

“…it is not possible to state a total number of employment visa applications on hand at a specific point in time, be it December or now. This is because of the fact that visas are received and processed throughout our network of missions globally and not just at the office here in Dublin.”

The spokesperson for the Department also stated that the intention is to resume accepting visa applications as soon as it is safe to do so.

The article can be read in full here.

If you or a family member have any queries about applying for an Irish visa, please do not hesitate to contact our office.

POSSIBILITY OF GRANTING LEGAL STATUS TO UNDOCUMENTED MIGRANTS DISCUSSED AT GOVERNMENT TALKS

The Irish Independent has reported that a proposed scheme to regularise the status of undocumented migrants in Ireland has been discussed as part of Government formation talks between Fianna Fáil, Fine Gael and the Green Party.

According to the article, published by the Irish Independent on 21st May 2020, the parties are in talks to establish a scheme that would allow undocumented migrants in Ireland to apply to regularise their status. The parties proposed that the criteria for such a scheme would be set out within 18 months of the new Government taking office.

At present there has been no final agreement on this scheme and any developments on this matter would be dependent on Fianna Fáil, Fine Gael and the Green Party forming a coalition Government together.

It is estimated that there are currently 15,000-17,000 undocumented people living in Ireland, approximately 2,000 to 3,000 of whom are thought to be children. The Migrant Rights Centre Ireland (MRCI) states that 93% of undocumented migrants are in work, including as many as 29% who work as carers.  The Covid-19 pandemic has also highlighted that many undocumented migrants are employed as key essential workers, working in difficult and challenging situations to keep the country going during this ongoing crisis.

We at Berkeley Solicitors would fully support the implementation of a scheme to regularise the status of undocumented migrants and will publish any future developments on this on our website.

The full article can be read here.

If you or a family member have any queries about your immigration status, please contact our office.

DEPARTMENT OF JUSTICE ANNOUNCES TEMPORARY ARRANGEMENTS FOR THOSE AWAITING FIRST TIME REGISTRATION

The Department of Justice has announced that anyone who is present in the State with a current, valid permission to remain and is still awaiting their first registration, can now make an electronic application to the Registration Office to request a letter confirming their permission to remain in the State and the conditions attached.

This is a temporary measure which will apply from now until the 20th July 2020.

The notice, published on 21st May 2020, states as follows:

“In light of the uncertainties caused by the COVID-19 pandemic and the difficulties some people can encounter due to not having an IRP card, as a temporary measure between now and 20th July 2020, anyone in the State awaiting their first registration, and who has a current, valid permission to remain, but does not have a current permission letter can apply to the Registration Office to request a letter confirming their permission to remain in the State and the conditions attached. 

For international English Language Students, the extension means that they may continue to work if they wish, but must be enrolled in a course of study to adhere to the conditions of their permission.  

All required documentation (see website for details) should be scanned and included in the application email. All eligibility criteria will continue to apply. 

Applications may be submitted electronically to the Registration Office, Burgh Quay, Dublin (bqregofficeapplications@justice.ie)”

The full notice can be accessed here.

If you or a family member are affected by this notice, please contact our office to discuss.

DEPARTMENT OF JUSTICE ANNOUNCES FURTHER EXTENSION OF IMMIGRATION PERMISSIONS

The Department of Justice has announced an additional two-month extension of immigration permissions due to the Covid-19 pandemic.

This temporary extension applies to the following categories:

  • Persons with immigration permissions due to expire between 20th May 2020 and 20th July 2020, including those that were already extended under the previous notice issued on 20th March 2020;
  • Persons awaiting their first registration, having been granted permission to land at a port of entry on condition they register at Burgh Quay or their local registration office within 3 months, but who have not yet done so;
  • Persons resident in Ireland on the basis of Short Stay visas.

The notice confirms that the permissions will be automatically renewed for a two-month period, on the same basis as the existing permission and subject to the same conditions.

The notice also clarifies that international English Language Students can continue to work if they wish but that they must also re-enrol in an online course of study to adhere to the conditions of their permission.

The registration office in Burgh Quay in Dublin will remain closed and will only reopen when it is safe to do so. The normal requirements to register residence permission will not arise until the registration offices can reopen or alternative arrangements are put in place.

Non-nationals can present evidence of their last residence permission, in the form of a formal decision letter and/or the IRP card, together with a copy of the Notice, as evidence of their ongoing permission to remain in the State.

The notice can be accessed here.

If you or a family member are affected by this notice, please contact our office to discuss.

DIFFERENT APPROACHES TO COVID-19 VISA APPLICATIONS IN IRELAND AND THE UK

The Covid-19 pandemic has resulted in a vast decrease in international travel, and many people with valid Irish visas are now unable to enter the State during the validity period of their visa.

The Irish Naturalisation and Immigration Service has stated that it will not re-issue visas for new dates at this time, and those individuals who cannot travel to Ireland during the validity period of their visa will need to reapply for an Irish visa at a later date.

This is in contrast to the approach of the UK Government which has published the following announcement:

“If your 30 day visa to travel to the UK for work, study or to join family has expired, or is about to expire, you can request a replacement visa with revised validity dates free of charge until the end of this year.

To make a request, contact the Coronavirus Immigration Help Centre…

You’ll be contacted when our VACs reopen to arrange for a replacement visa to be endorsed in your passport.

You will not be penalised for being unable collect your BRP while coronavirus measures are in place.

This process will be in place until the end of 2020.”

The announcement can be read in full here.

We at Berkeley Solicitors find the approach of the Irish Naturalisation and Immigration Service on this issue to be extremely disappointing and unfair to those individuals who have recently been granted visas for Ireland, many of whom may have been waiting many months to receive a decision on their visa application.

We call on the Irish Naturalisation and Immigration Service to revise their position on this matter and consider adopting a similar approach to that of the UK, allowing those affected to request replacement visas with new validity dates.

If you have any queries about applying for an Irish visa at this time, please do not hesitate to contact our office.

UPDATED INFORMATION ISSUED IN RELATION TO IMMIGRATION SERVICES DURING COVID-19

The Immigration Service Delivery has issued an updated set of frequently asked questions in relation to Covid-19 and its effects on immigration services in the State.

The comprehensive document now confirms that the notice is applicable to those who have permission based on Working Holiday Authorisations.

This welcomed clarification means those whose Working Holiday Authorisation has expired/is due to expire between 20th March 2020 and 20th May 2020 will have their permission extended for a period of two months from date of expiry.

Further, it means that those who have not been able to attend their first-time registration based on their Working Holiday Authorisation may use their permission letter as evidence of their permission in the State.

The full document can be read in full here.

If you have any queries on the above, please contact our office and we would be happy to advise.

IMMIGRATION SERVICE DELIVERY ANNOUNCES CHANGE OF PERMISSION APPLICATIONS CAN BE SUBMITTED ELECTRONICALLY UNTIL 20TH MAY 2020

Immigration Service Delivery issued a new notice on 27th April 2020 confirming that a number of change of permission applications may be submitted electronically on a temporary basis until 20th May 2020.

The notice confirms as follows:

“In light of the uncertainties caused by the COVID-19 pandemic, as a temporary measure between now and 20th May 2020, applications for the following change of permissions may be submitted electronically to the Registration Office, Burgh Quay, Dublin (burghquayregoffice@justice.ie):

 

From Stamp To Stamp
Stamp 1 (Critical Skill Employment Permit) Stamp 4 (after 2 completed years on CSEP and DBEI Stamp 4 support letter)
Stamp 1 (Employment Permit) Stamp 4 (after 5 completed years on Employment Permits)
Stamp 2 Stamp 1 (Employment Permit)
Stamp 2 Stamp 1A (Trainee Accountant Contract)
Stamp 1, 2 or 3 Stamp 1G (Spouse of Critical Skill Employment Permit holder)
Stamp 1, 2 or 3 Stamp 4 (Spouse of Irish National)

 All required documentation should be scanned and included in the application. All eligibility criteria will continue to apply.

 Where a permission has been granted, applicants will still be required to register the change as normal once the Registration Office in Burgh Quay and local Registration Offices reopen.”

 

This is a positive development for any clients who wish to submit an application for change of permission and who fall within the categories listed in the notice.

Our office continues to act for many clients who have pending immigration applications, and we are continuing to liaise with INIS on behalf of our clients as normal.

The full notice can be read here.

If you would like more information regarding an application for change of permission, please contact our office.