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REGULARISATION OF LONG TERM UNDOCUMENTED MIGRANT SCHEME PUBLISHED

The Minister for Justice has published the details of the new scheme which will open on Monday 31st January 2022, enabling undocumented migrants to apply to regularise their immigration status in the State.

The scheme will be open for applications from 31st January 2022 until 31st July 2022, a period of six months.

The qualifying criteria has now been published on the Irish Immigration website which distinguishes between four types of applications which can be made under the scheme. It is worthy to note that Applicants are to meet the qualifying criteria by the 31st January 2022, the date that the scheme opens and not during the six month period.

The four types of applications which can be made, and the period of residency required are set out as follows:

1) Single Application

In order to qualify for the scheme as a single applicant, you are required to be over the age of 18 and have been living in the State undocumented continuously for the last four years.

2) Family Application (Couple)

The principal applicant who is applying for themselves and their spouse/civil partner/de facto pattern must have resided in the State undocumented continuously for the last four years whilst the spouse/partner must have resided in the State undocumented continuously for the last two years.

3) Family Application with at least one dependent minor child

The principal applicant must have resided in the State undocumented continuously for the last three years.

The spouse/partner and any dependent children between the ages of 18 -23 must have resided in the State undocumented continuously for the last two years whilst living with the principal applicant for the last two years and continue to live as a family unit at the time of application.

Dependent children under the age of 18 must have been residing in the State with the principal applicant immediately prior to the publication of the scheme on 13th January 2022.

4) Family Application with at least one dependent adult child

The principal applicant must have resided in the State undocumented continuously for the last four years.

The spouse/partner and any dependent adult child between the ages of 18 -13 must have resided in the State undocumented continuously for the last two years whilst living with the principal applicant for the last two years and continue to live as a family unit at the time of application.

Other children over the age of 23 or are themselves married/ in a partnership must make an application in their own right, even if still residing with the principal applicant in the same family unit.

Where a child is over the age of 23 and living with a disability or is unable to live alone, applicants should contact [email protected] prior to submitting an application.

Persons who currently hold immigration status or who having a pending IPO application are ineligible for the scheme and cannot apply.

Applications fees apply and details of same can be found in the below links. Those who wish to apply may now view the detailed guidance and the list of documents required to make an application.  The specific questions/application form does not yet appear to be available.

 

Berkeley Solicitors greatly welcomes the publishment of the new scheme which will provide the opportunity to thousands of people across Ireland to regularise their immigration status in Ireland.

If you or a family member have queries about the process for applying under the new scheme, please do not hesitate to contact our office.

Further details of the full scheme can be found at the following links:

https://www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/

https://www.irishimmigration.ie/wp-content/uploads/2022/01/Undocumented-Policy-Scheme-January-2022.pdf

 

MINISTER FOR JUSTICE ANNOUNCES NEW REGULARISATION SCHEME FOR LONG-TERM UNDOCUMENTED MIGRANTS

On 3rd December 2021, the Minister for Justice announced a new scheme which will enable many undocumented migrants to apply to regularise their residency status.

The scheme will open for online applications in January 2022 and applications will be accepted for six months.

The scheme will include those who do not have a current permission to reside in Ireland, whether they arrived illegally or whether their permission expired or was withdrawn years ago.

In order to be eligible, applicants must have been undocumented for a period of four years, or three years in the case of those with dependent children.

According to a briefing session with Department of Justice officials held on 2nd December  2021, a short period of absence from the State in the undocumented period for those who would otherwise qualify will be disregarded. This will be limited to a max of 60 days absence from the State and the documented period arising from the short-term tourist permission (up to 90 days).

Applicants must meet standards regarding good character, though having convictions for minor offences will not, of itself, result in disqualification.

There will be no requirement for applicants to demonstrate that they would not be a financial burden on the State, as the scheme is aimed at those who may be economically and socially marginalised as a result of their undocumented status.

The scheme will also be open to individuals with expired student permission, those who have been issued with a section 3 notice under the Immigration Act 1999, and those who have received deportation orders.

The scheme is also expected to include international protection applicants who have been in the asylum process for a minimum of 2 years, though full details on this are yet to be announced.

There will be an application fee of €700 for family unit applications, while a fee of €550 will apply to individuals’ applications. Children up to 23 years, living with their parent(s), can be included in a family unit application.

Successful applicants will be granted residence permission which will allow access to the labour market and will provide a pathway to Irish citizenship.

Announcing the scheme, the Minister for Justice Helen McEntee stated:

“I’m delighted that the Government has approved my proposal for this momentous, once-in-a-generation scheme.

Given that those who will benefit from this scheme currently live in the shadows, it is difficult to say how many will be eligible, but we are opening this scheme for six months from January to allow people come forward and regularise their status.

It will bring some much-needed certainty and peace of mind to thousands of people who are already living here and making a valuable contribution to our society and the economy, many of whom may be very vulnerable due to their current immigration circumstances.”

As a result, they may be reluctant to seek medical assistance when ill, assistance from An Garda Síochána when they are the victim of a crime, or a range of other supports designed to assist vulnerable people in their times of need.”

I believe that in opening this scheme, we are demonstrating the same goodwill and generosity of spirit that we ask is shown to the countless Irish people who left this island to build their lives elsewhere.”

The full announcement can be read here.

Studies suggest that there are 17,000 undocumented persons in the State, including up to 3,000 children.

Berkeley Solicitors welcomes the announcement of this scheme, which will allow many undocumented migrants to come forward and apply to regularise their status.

DRAFT PROPOSALS FOR SCHEME FOR UNDOCUMENTED PEOPLE RELEASED BY MINISTER FOR JUSTICE

The Minister for Justice has outlined the draft proposals for the regularisation scheme for undocumented migrants to the Cabinet today.

The Minister outlined that consultation is to begin on the remit and terms of the scheme.

It is planned that there will be final Government approval on the scheme by September this year.

The Minister outlined that it is envisaged that the scheme will be open to people who have lived in the State for a period of four years without a valid immigration permission, or a period of three years for persons with minor children. There will be an assessment of character and conduct as part of the application process.

It is planned that successful applicants will be issued with an immigration permission that allows a right to work and that will be reckonable for immigration purposes, providing a pathway to naturalise as an Irish citizen.

The scheme will operate on the basis of the executive powers of the Minister and will be an administrative rather than a statutory scheme. The draft proposals outline that the scheme will be time limited and open for approximately a period of six months.

It is planned that that the scheme will be open for applications by the end of this year.

The Minister stated:

“There are thousands of people across the country who have created a life here but unfortunately still live in the legal shadows. They are active members of our communities: contributing to our society, enriching our culture and working in our economy”.

The Minister will hold an informal webinar with NGOS, civil society, employer organisations, trade unions and other key stakeholders on Monday 26th April 2021 on the proposed scheme.

Berkeley Solicitors greatly welcomes this scheme and hopes it will benefit as many people and families as possible who have made Ireland their home.

UPDATE ON PROMISED SCHEME TO REGULARISE STATUS OF UNDOCUMENTED MIGRANTS

The Minister for Justice Helen McEntee is due to publish her Justice Plan 2021 today, the 22nd February 2021.

The plan contains more than 200 actions which are to be implemented in the next 12 months, including the promised regularisation scheme for undocumented persons.

According to an article in The Journal, the scheme is expected to launch in the autumn and applications will be accepted by the end of the year.

The Minister for Justice was quoted as saying:

“We are all familiar with the plight of the undocumented Irish who have built their lives in the United States but have not regularised their status, even though they are an integral part of their communities. 

We must acknowledge there are thousands of people here in Ireland in a similar position: who have started families here, work here and contribute so much to our society but who want to regularise their position with Irish authorities.

The scheme will be open to applicants by the end of the year and could benefit an estimated 17,000 people, including 3,000 young people or children.”

Berkeley Solicitors welcomes the news that the Department of Justice is prioritising this important issue and we look forward to the scheme being published.

As soon as the intended scheme is published, we will post a further update on this blog.

The full article can be read here.

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

SCHEME TO REGULARISE STATUS OF UNDOCUMENTED MIGRANTS IN IRELAND CURRENTLY UNDER CONSIDERATION

On 6th December 2020, the Irish Times reported that a scheme to give undocumented migrants residency rights in the State is currently under consideration by the Minister for Justice.

The government has committed to the introduction of such a scheme within the first 18 months in office.

The new scheme is expected to provide a pathway for approximately 17,000 undocumented migrants to apply for lawful residence in the State.

The Minister for Justice stated that this figure included about 3,000 undocumented children, many of whom were born here and have lived all their lives in Ireland.

A policy document setting out a framework for the regularisation of status is likely to be published in the new year.

At present there are no further details on the scheme, though the Irish Times reported that part of the process will include Garda vetting, and that residency will be available to those who are considered to be no threat to the State.

The article can be read in full here.

Please be aware that the scheme is only under consideration at the moment, and no such scheme exists at present so therefore no new application process is currently available.

As soon as the intended scheme is published, we will post a further update on this blog.

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

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.

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.

CALLS FOR SYSTEM OF REGULARISATION FOR UNDOCUMENTED WORKERS IN IRELAND

There have been numerous calls in recent weeks from many NGOs, advocates and community groups for a system of regularisation of undocumented people in Ireland. The coalition of business leaders, trade unions and community groups are seeking “urgent regularisation” of undocumented workers, many of whom are in frontline essential sectors.