I propose to take Questions Nos. 1179, 1198, 1200, 1203, 1210, 1215, 1216, 1228, 1251, 1257, 1258, 1259, 1267, 1285, 1299, 1321, 1326, 1327, 1328 and 1329 together.
The Regularisation of Long Term Undocumented Migrants Scheme will open for applications on 31 January 2022. Applications will be accepted for six months until 31 July 2022, when the scheme will close. The Scheme will only be open to those who do not have a current permission to reside in the State and will enable eligible applicants to remain and reside in the State and to regularise their residency status.
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. Full details regarding the qualifying criteria and the required documentation for the Scheme is now available on my Department's website at: https://www.irishimmigration.ie/regularisation-of-long-term-undocumented-migrant-scheme/. It is recognised that not everyone will have access to official documentation, and a list of different acceptable document types is available on the website. Further documents including a Frequently Asked Questions document and application guidance notes will be made available on the website in the coming days.
People with an existing Deportation Order and people with expired student permissions will be able to apply, if they meet the minimum undocumented residence requirement.
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.
In an effort to reach those migrant communities most likely to benefit from the scheme, my Department will engage in a targeted communications campaign prior to the opening date and during the six month application window.
International protection applicants who have an outstanding application for international protection and have been in the asylum process for a minimum of 2 years will have a separate application process. Applicants will be contacted directly with further details at the appropriate time.
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 Scheme. If successful in their EUTR application, they will be granted a permission under the EU Regulations e.g. 5 years residence or permanent residence. This includes those who currently have applications at EUTR review stage.