In my reply to Question No. 154 on 24 June 2010 I explained how the visa system operates in respect of diplomatic and other staff of foreign missions including domestic workers or private servants. Normally, persons in this category, where they are visa-required nationals, would be granted a D-type visa which indicates that the holder could remain for longer than 90 days.
As I explained in that earlier reply, the Immigration Act 2004 does not apply to a person who is entitled to privileges and immunities under the Diplomatic Relations and Immunities Act 1967. The 1967 Act gave the Vienna Convention on Diplomatic Relations 1961 the force of law in the State. The Vienna Convention on Diplomatic Relations 1961 makes provision to the effect that private servants of members of the mission shall, if they are not nationals of or permanently resident in the receiving State, be exempt from dues and taxes on the emoluments they receive by reason of their employment. In other respects, they may enjoy privileges and immunities only to the extent admitted by the receiving State. Private servants who are nationals of or permanently resident in the receiving State shall enjoy privileges and immunities only to the extent admitted by the receiving State. The Convention requires that in both situations, the receiving State must exercise its jurisdiction over those persons in such a manner as not to interfere unduly with the performance of the functions of the mission.
From an immigration point of view, a private servant/household worker who was already resident in the State on foot of a separate immigration permission may seek to resume their previous immigration status when their assignment with the embassy/diplomat comes to an end. Where the person was recruited from outside the State it would be expected that they would leave the State when their assignment comes to an end.
It is difficult to say precisely what would be the position in a particular case without knowing the circumstances. Therefore, if the Deputy has a particular case in mind he could contact the Irish Naturalisation and Immigration Service, Immigration Policy Division, which can review the circumstances of the case and thereby give a more accurate report on the position.
