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Ireland: Regularisation Scheme for Undocumented Migrants

December 3, 2021

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  • IrelandIreland

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At a Glance

  • A new immigration program will allow eligible foreign nationals without valid immigration permission to remain and reside in Ireland by regularising their residency status. It will also provide access to the labour market. The program is not yet open for applications.
  • This program will provide greater access to the Irish labour market, thus opening a new pool of talent for employers, which is crucially important during the skills gap that has developed during the COVID-19 recovery period.

The situation

The Irish government has announced a new immigration program that will allow eligible foreign nationals who do not have valid immigration permission to remain and reside in Ireland by regularising their residency status. It will also provide access to the labour market. The program is not yet open for applications.

A closer look

  • Eligibility. Foreign nationals eligible under the scheme must:
    • have had a period of four years residence in Ireland without immigration permission, or three years for those with children on the date the program opens for applications; and
    • meet standards regarding good character and must have a clean criminal record (convictions for minor offences will not, of itself, result in disqualification).
  • Benefits. The program will grant an immigration permission that allows for unrestricted access to the labour market for four years for the purposes of pursuing citizenship by way of naturalisation in the future.
  • Fee. The government application fee for this scheme is EUR 550 (EUR 700 for families).
  • Asylum applicants. The scheme will include a parallel process to allow international protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of two years to apply. There will be no fee for those in this category.
  • Limitations. This scheme will not create any new entitlements to family reunification. Those who are granted status under this scheme may be eligible for family reunification in the future under the current Policy Document on Non-European Economic Area Family Reunification.

Impact

This program will provide greater access to the Irish labour market, thus opening a new pool of talent for employers, which is crucially important during the skills gap that has developed during the COVID-19 recovery period.

Background

The scheme was part of Minister McEntee’s Justice Plan 2021.

There is no reliable data on the number of undocumented persons in Ireland, but studies suggest there could be up to 17,000 undocumented persons including up to 3,000 children and that many could be employed, although likely low paid employment.

Looking ahead

Fragomen welcomes the introduction of this long-awaited scheme, which will very positively impact thousands of individuals in Ireland, many of whom may be very vulnerable due to their current lack of immigration status. More changes are possible during the COVID-recovery period, we will report on related developments.

This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

Country / Territory

  • IrelandIreland

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