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Immigration Policy

Dáil Éireann Debate, Tuesday - 14 December 2021

Tuesday, 14 December 2021

Questions (508, 509, 510, 511, 512, 513, 518, 519, 520, 521, 522)

Catherine Murphy

Question:

508. Deputy Catherine Murphy asked the Minister for Justice if the newly announced regularisation scheme for undocumented migrants is open to undocumented migrants who have Irish children. [61551/21]

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Catherine Murphy

Question:

509. Deputy Catherine Murphy asked the Minister for Justice the length of time the process for approval under the scheme to regularise long-term undocumented migrants is estimated to take. [61552/21]

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Catherine Murphy

Question:

510. Deputy Catherine Murphy asked the Minister for Justice the evidence applicants will need to provide to prove residency under the scheme to regularise long-term undocumented migrants. [61553/21]

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Catherine Murphy

Question:

511. Deputy Catherine Murphy asked the Minister for Justice if she has considered a fee waiver scheme for persons and families that are unable to afford the cost of the scheme to regularise long-term undocumented migrants. [61554/21]

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Catherine Murphy

Question:

512. Deputy Catherine Murphy asked the Minister for Justice if undocumented migrants who are awaiting approval for a stamp 4 may access the regularisation scheme. [61555/21]

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Catherine Murphy

Question:

513. Deputy Catherine Murphy asked the Minister for Justice the documentation that stamp applicants will receive upon approval under the scheme to regularise long-term undocumented migrants. [61556/21]

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Mick Barry

Question:

518. Deputy Mick Barry asked the Minister for Justice if those who have been placed on temporary visas will be able to use this time as reckonable time in applying for the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [61718/21]

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Mick Barry

Question:

519. Deputy Mick Barry asked the Minister for Justice if she will consider a waiving of fees to apply from the regularisation scheme for long-term undocumented migrants for those persons on low incomes; and if she will make a statement on the matter. [61719/21]

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Mick Barry

Question:

520. Deputy Mick Barry asked the Minister for Justice if she will consider adjusting the regularisation scheme for long-term undocumented migrants to ensure that those who are not successful in their application will not have their cases identified and sent to the repatriation unit; and if she will make a statement on the matter. [61720/21]

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Francis Noel Duffy

Question:

521. Deputy Francis Noel Duffy asked the Minister for Justice if she has considered extending the deadline of the new regularisation scheme. [61860/21]

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Francis Noel Duffy

Question:

522. Deputy Francis Noel Duffy asked the Minister for Justice if persons can apply to the regularisation scheme if they have resided in the State for 12 years in total but have left and come back two years ago; and if she will make a statement on the matter. [61861/21]

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Written answers (Question to Justice)

I propose to take Questions Nos. 508 and 513, inclusive, 518 and 522, inclusive, together.

The Government has approved my proposal for a once-in-a-generation scheme to regularise thousands of undocumented migrants and their families who are living in Ireland.

The scheme will be for long-term undocumented migrants and their eligible dependents where the specific criteria is met. The scheme will only be open to those who do not have a current permission to reside in Ireland.

People who are eligible under the scheme will:

- Have a period of 4 years residence in the State without an immigration permission, or 3 years in the case of those with children, including those born in Ireland, on the date the scheme opens for applications;

- Be granted an immigration permission that allows for unrestricted access to the labour market; and

- Have years of residence with that permission reckonable for the purposes of pursuing citizenship by way of naturalisation.

Any person who previously held an EU Treaty Rights (EUTR) permission and who currently has a temporary permission to remain while their application pursuant to the relevant legislation is under consideration or at review stage would not be considered as undocumented and therefore will not meet the criteria for the recently launched regularisation scheme.

Those whose EUTR applications are currently in a process that will decide their future status within the State, if successful, will be granted permissions under the EU Regulations e.g. 5 years residence or permanent residence. This includes those who currently have applications at EUTR review stage.

Persons with an existing Deportation Order can apply, if they meet the minimum undocumented residence requirement. People with expired student permissions will also be able to apply.

All applicants must meet standards regarding good character and criminal record/behaviour and not pose a threat to the State. Having convictions for minor offences will not, of itself, result in disqualification.

Any applicant that is unsuccessful in their application will be able to appeal. That appeal will be considered by a different officer to the person who determined the original application unsuccessful. If a person does not wish to appeal, or if their appeal is also unsuccessful, they will be referred to the appropriate area in my Department’s Immigration Service for follow up in accordance with the relevant legislation and the European Convention on Human Rights (ECHR).

The fees payable by an applicant are designed to reflect the effort and cost involved in processing applications for the scheme which, given the benefits involved, is quite a detailed process. A fee of €700 will generally apply to family unit applications and children up to 23 years, living with their parent(s), can be included in a family unit application. A fee of €550 will apply to individuals’ applications. There is no provision for the discretionary waiver or reduction of fees.

The processing time will be determined by the number of applications received, as each application will be independently examined and assessed in relation to the scheme's criteria and the supporting documentation provided. The time-limited scheme will open for online applications in January 2022 and applications will be accepted for six months.

Further details regarding the qualifying criteria and the opening date for the scheme will be published on my Department's Irish Immigration website (www.irishimmigration.ie) in due course.

Question No. 509 answered with Question No. 508.
Question No. 510 answered with Question No. 508.
Question No. 511 answered with Question No. 508.
Question No. 512 answered with Question No. 508.
Question No. 513 answered with Question No. 508.
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