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Immigration Policy

Dáil Éireann Debate, Wednesday - 19 January 2022

Wednesday, 19 January 2022

Ceisteanna (1179, 1198, 1200, 1203, 1210, 1215, 1216, 1228, 1251, 1257, 1258, 1259, 1267, 1285, 1299, 1321, 1326, 1327, 1328, 1329)

Gerald Nash

Ceist:

1179. Deputy Ged Nash asked the Minister for Justice her views on the policy issues raised by a person (details supplied) with regard to the criteria for the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [62953/21]

Amharc ar fhreagra

David Cullinane

Ceist:

1198. Deputy David Cullinane asked the Minister for Justice if she will address a matter raised in correspondence (details supplied) in relation to the undocumented scheme; and if she will make a statement on the matter. [63101/21]

Amharc ar fhreagra

Eoin Ó Broin

Ceist:

1200. Deputy Eoin Ó Broin asked the Minister for Justice her views on the case of persons who are on temporary visas whose cases are in the EU treaty department and who have been excluded from the proposed undocumented scheme; and if she will make a statement on the matter. [63118/21]

Amharc ar fhreagra

John Brady

Ceist:

1203. Deputy John Brady asked the Minister for Justice the details of the scheme announced by her Department that will allow asylum seekers, the undocumented and those on expired student permission to regularise their status in Ireland; and if she will make a statement on the matter. [63166/21]

Amharc ar fhreagra

Bernard Durkan

Ceist:

1210. Deputy Bernard J. Durkan asked the Minister for Justice the eligibility to apply to the new scheme for the undocumented in the case of a person (details supplied); and if she will make a statement on the matter. [63232/21]

Amharc ar fhreagra

Ivana Bacik

Ceist:

1215. Deputy Ivana Bacik asked the Minister for Justice her plans to expand the recently announced regularisation scheme for undocumented migrants in Ireland to include persons who previously held an EU treaty rights permission and who currently have a temporary permission to remain in Ireland; and if she will make a statement on the matter. [63294/21]

Amharc ar fhreagra

Aengus Ó Snodaigh

Ceist:

1216. Deputy Aengus Ó Snodaigh asked the Minister for Justice if persons who currently or previously held European Union treaty rights permission to reside in this State or temporary visas while awaiting the results of their application for residency rights will be granted the same certainty and regularisation of residency status that has been afforded to those without any permission who are now eligible for the scheme for undocumented migrants and their families; and if she will make a statement on the matter. [63303/21]

Amharc ar fhreagra

Catherine Connolly

Ceist:

1228. Deputy Catherine Connolly asked the Minister for Justice her plans to extend the criteria of the new regularisation scheme to persons living long-term in Ireland who previously held EU treaty rights permissions and are currently on a temporary permission to remain; and if she will make a statement on the matter. [63575/21]

Amharc ar fhreagra

Fergus O'Dowd

Ceist:

1251. Deputy Fergus O'Dowd asked the Minister for Justice if matters raised in correspondence by a person (details supplied) in relation to the undocumented scheme criteria will be addressed; and if she will make a statement on the matter. [1276/22]

Amharc ar fhreagra

Catherine Connolly

Ceist:

1257. Deputy Catherine Connolly asked the Minister for Justice her plans for the introduction of a regularisation scheme for temporary stamp 4 holders from the EU treaty review department who are living long-term in Ireland; and if she will make a statement on the matter. [1405/22]

Amharc ar fhreagra

Catherine Connolly

Ceist:

1258. Deputy Catherine Connolly asked the Minister for Justice her plans with regard to temporary stamp 4 holders who previously held EU treaty rights permissions to allow the period spent on temporary visas to be considered as undocumented for the purposes of the recently announced regularisation scheme; and if she will make a statement on the matter. [1406/22]

Amharc ar fhreagra

Darren O'Rourke

Ceist:

1259. Deputy Darren O'Rourke asked the Minister for Justice the provision that will be made for certain undocumented migrants who wish to be regularised under the new scheme who have been in employment for many years but whose employer is not willing to provide confirmation or a reference of same; the information that will be sought or deemed acceptable to prove long-term residency; and if she will make a statement on the matter. [1430/22]

Amharc ar fhreagra

Paul Murphy

Ceist:

1267. Deputy Paul Murphy asked the Minister for Justice if her Department will withdraw the European Union treaty review applications and temporary stamp 4 in relation to temporary stamp 4 holders who will not be eligible for the undocumented scheme; if these persons will be added to the list of those included in the undocumented scheme; and if she will consider their time with revoked European Union treaty right permissions as undocumented. [1644/22]

Amharc ar fhreagra

Seán Canney

Ceist:

1285. Deputy Seán Canney asked the Minister for Justice if she will consider amending the undocumented scheme to provide assistance to the many non-EEA nationals who are living and working in Ireland long-term in vulnerable conditions having come to Ireland initially to work on a stamp 4 visa; and if she will make a statement on the matter. [1960/22]

Amharc ar fhreagra

Bernard Durkan

Ceist:

1299. Deputy Bernard J. Durkan asked the Minister for Justice the eligibility to apply for a new scheme for undocumented in Ireland in the case of a person (details supplied); and if she will make a statement on the matter. [2025/22]

Amharc ar fhreagra

John Lahart

Ceist:

1321. Deputy John Lahart asked the Minister for Justice if she will address a matter (details supplied) in relation to the criteria for undocumented migrants scheme. [2318/22]

Amharc ar fhreagra

Colm Burke

Ceist:

1326. Deputy Colm Burke asked the Minister for Justice if consideration will be given to amending the regularisation scheme for long-term undocumented migrants to ensure that those for whom European Union treaty right permission has been revoked and who have been placed on temporary visas will be eligible to apply for the scheme; and if she will make a statement on the matter. [2395/22]

Amharc ar fhreagra

Colm Burke

Ceist:

1327. Deputy Colm Burke asked the Minister for Justice the timeframe envisaged for applications to the regularisation scheme for long-term undocumented migrants to be processed and completed; and if she will make a statement on the matter. [2396/22]

Amharc ar fhreagra

Colm Burke

Ceist:

1328. Deputy Colm Burke asked the Minister for Justice if consideration will be given to extending the deadline for the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [2397/22]

Amharc ar fhreagra

Colm Burke

Ceist:

1329. Deputy Colm Burke asked the Minister for Justice the steps she is taking to ensure that the undocumented in Ireland are made aware of the regularisation scheme for long-term undocumented migrants; and if she will make a statement on the matter. [2398/22]

Amharc ar fhreagra

Freagraí scríofa

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.

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